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

The person who signs is the non-accompanying parent, or other person with parental responsibility — anyone who can lawfully decide where the child lives — who isn't included in the visa application themselves. 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.

The form provides for a second person with shared parental responsibility to sign as well, where responsibility is genuinely shared. If one parent, or person with parental responsibility, has lawfully been made solely responsible for deciding where the child lives, only that person needs to sign and provide the supporting documentation — the other parent's consent isn't required.

Alternatives to the form

Home Affairs allows either Form 1229 itself, or a statutory declaration giving the same consent, from the person with parental responsibility who isn't part of the application. Whichever document is used, it needs to be accompanied by an identity document — a passport or driver's licence — showing the signature and photo of the person who completed it.

Where that consent genuinely can't be obtained, Home Affairs instead accepts an Australian court order that allows the child to migrate to Australia, or evidence that the laws of the child's home country allow them to leave without it. Which of these applies depends 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.

What to attach

Form 1229 itself doesn't require a witness or a Justice of the Peace — the department's own instructions ask only for a signature and a date. What it does require is documentary backup: a certified copy of the child's birth certificate (if it isn't already with the application), and a certified copy of the personal details page of the signing parent's passport, driver's licence, national identity card or birth certificate, with at least one identity document showing their signature.

Where sole parental responsibility is being relied on instead of a second signature, add a certified copy of whatever established it — a court order or other legal document. Note that Form 1229 isn't used for a Resident Return visa, an Electronic Travel Authority or an eVisitor application for someone under 18; those follow their own process.

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; on Migratio you describe your situation once and compare consultation fees from MARA-registered agents (comparing is free; consults are typically $150–$300 and you pay only if you book).

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 genuinely shared with a second person, that person signs too, unless one parent has been made lawfully solely responsible.

What can I use instead of Form 1229?

Home Affairs accepts a statutory declaration giving the same consent in place of the form itself, with an identity document (passport or driver's licence) showing the signer's signature and photo. Where consent can't be obtained at all, an Australian court order allowing the child to migrate, or evidence the child's home country's laws allow them to leave without consent, is accepted instead.

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

No — the department's own instructions for Form 1229 don't require a witness. What they do require is a certified copy of the signer's identity document (passport, driver's licence, national ID card or birth certificate) showing their signature, plus the child's birth certificate.

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.