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Form 1229: Consent for a Child on a Partner Visa

Form 1229 is the consent that a parent who is not migrating signs so a child under 18 can be included in a partner visa application, and it is lodged with a certified copy of that parent's identity document showing their signature.

Last checked 4 primary sources About Partnership Visa Australia

A child's shoes and backpack beside a form with two different pens on it.

You need Form 1229 only where someone other than the migrating parent can lawfully decide where the child lives, which usually means the child's other parent named on the birth certificate. Form 1229, "Consent to grant an Australian visa to a child under the age of 18 years" (design date 11/23), was checked on immi.homeaffairs.gov.au on 23 September 2026.

Situation Form 1229 needed What to provide instead or as well
The other parent shares parental responsibility, is not migrating and consents Yes, signed by that parent A certified copy of their passport, driver's licence, ID card or birth certificate showing a signature
The other parent is your Australian sponsor Home Affairs does not say; the form is for "non-accompanying" parents Ask the Department or an adviser before lodging
You have sole responsibility for where the child lives, by court order No other signature needed A certified copy of the order
The other parent has died No, as they no longer hold that right The death certificate
The other parent is not named on the birth certificate Depends on who holds the legal right under the relevant law The birth certificate and any evidence of who holds that right
The other parent refuses or cannot be found Cannot be given An Australian court order allowing the child to migrate, or evidence that the home country's law allows the child to leave permanently
The child is 18 or over No Form 47A and evidence of dependency

Who needs to sign Form 1229 for a partner visa?

Home Affairs says consent is needed from anyone who "has a legal right to decide where the child lives" and "is not coming to Australia with the child". The form describes them as the non-accompanying parents, or persons with parental responsibility. If one parent or person has lawfully been made solely responsible for deciding where the child lives, only that person signs. Whether the child counts as a dependent child at all is set out under partner visa requirements.

When is Form 1229 not needed for a partner visa?

  1. The child is 18 or over.
  2. The migrating parent is solely responsible for deciding where the child lives, under a court or other legal order.
  3. No one who is staying behind has a legal right to decide where the child lives, for example because the other parent has died.
  4. An Australian court order allows the child to migrate to Australia.
  5. The laws of the child's home country allow the child to leave permanently.

How is Form 1229 completed and lodged with a partner visa?

  1. The non-migrating parent completes it in English: Part A with the child's details as shown in the passport, and Part B with their own details and the purpose of travel ("Permanent residence" for a partner visa).
  2. They sign and date the declaration. A second person with shared responsibility signs in their own section.
  3. Attach certified copies of the child's birth certificate (if not already lodged), the parent's identity document showing their signature, and any order giving sole responsibility.
  4. Upload it in ImmiAccount to the child's application, with the Transaction Reference Number written on the form.
  5. Keep the original and a copy.

The full list of forms is on the partner visa forms page.

Does the identity copy need to be certified?

The form says yes. Form 1229 asks for "a certified copy" of each document, even though Home Affairs says most partner visa documents do not need certifying. The partner visa pages themselves ask for an identity document showing the signer's photo and signature, such as a passport or driver's licence.

The legal test is in Schedule 4 of the Migration Regulations 1994 (Cth). Public interest criteria 4015 and 4017 require the Department to be satisfied of one of three things:

  • the law of the child's home country permits the child's removal
  • each person who can lawfully decide where the child lives consents
  • the grant is consistent with any Australian child order in force.

Public interest criteria 4016 and 4018 add that there must be no compelling reason to believe the grant would not be in the child's best interests. The subclass 820 criteria apply these to every applicant under 18. Getting a parenting order is a family law matter for a family lawyer. Applying these rules to your own circumstances is immigration assistance, which ss 276 and 280 of the Migration Act 1958 (Cth) restrict to registered migration agents and Australian legal practitioners.

Which documents go with Form 1229 in a partner visa application?

  • The child's birth certificate naming both parents, which shows who may need to consent. See birth certificates for a partner visa.
  • The consenting parent's identity document showing their signature, as a certified copy.
  • Custody, parenting or other court orders, where they exist.
  • A death certificate, where a parent has died.
  • Adoption papers, where relevant.
  • English translations of anything not in English.

Questions about Form 1229 and a partner visa

Is Form 1229 mandatory for a partner visa?

Only where a child under 18 is included and a non-migrating person has a legal right to decide where the child lives, unless one of the alternatives above applies.

Can the other parent sign Form 1229 overseas?

The form does not require them to be in Australia, and it has no witness section. They sign, and the certified identity copy goes with it.

The form states no expiry. If the consenting parent's circumstances or custody arrangements change, report it on Form 1022.

Do you need Form 1229 for a child born to both partners?

Home Affairs does not address this directly. The form is for parents who are not coming to Australia with the child, so check with the Department before lodging if the child's parents are the applicant and the sponsor. A baby born after lodgement is treated as having applied at birth under reg 2.08.

Getting children's documents right

A missing consent or order can stop a child being granted the visa with their parent. A registered migration agent or an Australian legal practitioner works out whose consent the law requires and which alternative applies when it cannot be had. That makes an application they prepare more likely to succeed, though no one can promise a grant.

Form 1229 and including children in a partner visa

Questions people ask

Who needs to fill in Form 1229 for a partner visa?

Each person who can lawfully decide where the child lives and is not coming to Australia with the child, which is usually the child's other parent. If one person has been made solely responsible for deciding where the child lives, only that person signs. The migrating parent and the sponsor do not sign it for someone else.

Is Form 1229 mandatory for a partner visa?

It is needed whenever a child under 18 is included and someone with a legal right to decide where the child lives is not migrating. Instead of consent, Home Affairs accepts an Australian court order allowing the child to migrate, or evidence that the laws of the child's home country allow the child to leave permanently.

Does Form 1229 need to be witnessed?

The current Form 1229, design date 11/23, has no witness section. It needs the parent's signature and certified copies of the child's birth certificate, the parent's identity document showing a signature, and any order giving sole responsibility.

Do I need Form 1229 for a child who is 18 or over?

No. Form 1229 is for children under 18. A dependent child aged 18 or over is included with Form 47A, Details of child or other dependent family member aged 18 years or over, and evidence of dependency.

Sources

Primary sources this page was checked against on 23 September 2026.

  1. Home Affairs, Form 1229 Consent to grant an Australian visa to a child under the age of 18 years immi.homeaffairs.gov.au
  2. Home Affairs, Partner visa (subclasses 820 and 801), parental responsibility documents immi.homeaffairs.gov.au
  3. Home Affairs, Partner visa (subclasses 309 and 100) immi.homeaffairs.gov.au
  4. Migration Regulations 1994 (Cth), Schedule 4, public interest criteria 4015 to 4018 www.legislation.gov.au

Have a registered professional check your application

Some documents must be with the application on the day you lodge it, or the application may not be valid. The charge is paid up front and is not refunded if the application is refused.

An application prepared or reviewed by a registered migration agent or an immigration lawyer is more likely to succeed: they read the criteria against your facts, spot the gaps before you pay, and answer the Department’s requests on time. No one can promise a grant.

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