Form 1229: Consent to Grant a Visa to a Child Under 18

What Form 1229 is for

The form exists to satisfy Home Affairs that granting a visa to a child under 18 doesn't happen without the knowledge or agreement of everyone who holds legal parental responsibility for that child. It's a child-welfare safeguard, not a routine paperwork step — Home Affairs uses it to check that a child isn't being relocated internationally without the consent of a parent or guardian who has a legal say in where the child lives.

It applies whenever a child under 18 is included in a visa application (as a dependent on a parent's application, or as the primary applicant on a child visa) and a person with legal parental responsibility for that child is not included in, or party to, the application.

Who must sign it

Each parent or other person who holds legal parental responsibility for the child — and who isn't included in the visa application themselves — is generally expected to complete and sign the relevant part of Form 1229, consenting to the child being granted the visa. In a straightforward case, that's usually the child's other biological or legal parent when the family has separated and only one parent is migrating with the child.

Where parental responsibility is shared between more than two people (for example, following a court order involving a grandparent or step-parent), everyone with a legal share in that responsibility may need to provide consent — this is a fact-specific question that depends on the actual legal arrangements for the child, not just who the child currently lives with day to day.

Alternatives to the form

Form 1229 isn't the only accepted route. A court order (or equivalent legal document) confirming that the applying parent has sole parental responsibility, or the sole right to determine where the child lives, can be provided instead — this is the relevant document when the other parent isn't available, isn't willing, or has had their parental rights formally limited or removed by a court. A statutory declaration from each person with parental responsibility, given in place of the form itself, is also accepted in some circumstances, along with a letter from the non-travelling parent or guardian giving permission, generally accompanied by a copy of their passport identity page.

Which of these applies depends heavily on the family's actual legal situation, and getting it wrong — submitting the wrong type of document for your circumstances — is exactly the kind of thing that generates a request for further information and pushes out processing time.

Signing and witnessing requirements

The signing parent or guardian generally needs their signature witnessed by a person authorised to witness legal documents under the law of the country where they're signing — the specific class of authorised witness depends on that country's local rules, not a fixed Australian list, since the form is designed to be usable by parents signing anywhere in the world. It's worth checking the current form's own witnessing instructions for the country you're in rather than assuming an Australian-style JP requirement applies internationally.

Supporting documents typically expected alongside the consent itself include the child's birth certificate, identity details, and evidence of the signing parent's own identity and their relationship or legal responsibility to the child.

Why this holds up partner and child visa cases so often

Form 1229 issues are a recurring bottleneck for a simple reason: they depend on a third party — a former partner, an estranged parent, someone who may not be motivated to help — cooperating with someone else's visa application. Unlike most of the documents in a migration file, which the applicant and sponsor control directly, consent documentation can be genuinely outside the applicant's control if the relationship with the other parent is difficult.

Where consent genuinely can't be obtained and there's no court order in place, the situation becomes fact-specific and compliance-sensitive fast — this is exactly the kind of scenario where broad guidance stops being useful and individual advice matters. A MARA-registered agent can assess what's realistically achievable given your specific family circumstances; Migratio matches you with one free.

When is Form 1229 required?

When a child under 18 is included in a visa application (as a dependent, or as a standalone child visa applicant) and a parent or other person with legal parental responsibility for that child isn't part of the application themselves. It documents their consent to the child being granted the visa.

Who signs Form 1229?

The parent or other person with legal parental responsibility for the child who isn't included in the application — most commonly the child's other parent in a separated-family case. Where responsibility is shared among more than two people, each may need to consent.

What can I use instead of Form 1229?

A court order confirming sole parental responsibility or the sole right to determine where the child lives, a statutory declaration from each person with parental responsibility, or a signed letter from the non-travelling parent with their passport identity page, are accepted alternatives depending on the family's circumstances.

Does Form 1229 need to be witnessed by a Justice of the Peace?

It needs to be witnessed by a person authorised to witness legal documents under the law of the country where the signing parent is located — the specific requirement depends on local rules in that country, not a fixed Australian standard.

What if the other parent won't give consent?

This is a fact-specific, compliance-sensitive situation that depends on the family's legal circumstances, including whether a court order already addresses parental responsibility. It isn't something a general guide can resolve — a MARA-registered agent can advise on your specific situation.