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FIELD NOTE 39Application & family · outerSources checked 3 October 2026

Form 1229: Consent for a Child Under 18 to Get a Visa, and When an 858 Family Needs It

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Form 1229 is the Home Affairs form 'Consent to grant an Australian visa to a child under the age of 18 years', which each non-migrating parent or person with parental responsibility signs when a child migrates without them.

For an 858, a statutory declaration of consent or an Australian court order can replace the form, and the child must meet PIC 4015 or 4017 and PIC 4016 or 4018. These requirements appear on the Home Affairs National Innovation visa page and in the Migration Regulations 1994.

The form's design date is November 2023, and the National Innovation visa (subclass 858) page, updated 4 September 2026, accepts it with an ID document carrying the signer's signature and photo.

Who signs: at a glance

The following table brings together the signing instructions in Home Affairs Form 1229 and the alternatives on the Department’s National Innovation visa page.

Situation Who signs Attachments
Both parents share responsibility; one parent migrates with the child The parent who is not migrating, using Part A; Part B accommodates a second signatory where required Child’s birth certificate if not already lodged; signer’s passport, licence, national ID or birth certificate, with one ID showing a signature
One person has been lawfully made solely responsible for where the child lives Only that person, with evidence of sole responsibility Legal documents, travel or court orders establishing sole responsibility
The non-migrating parent will not sign No consent signature under the alternative route: rely on an Australian court order allowing migration, or home-country law permitting removal The court order or evidence of the law
The non-migrating person prefers not to use the form That person gives a statutory declaration of consent instead ID document showing the signer’s signature and photo

Consent routes: Form 1229 → statutory declaration → Australian court order → home-country law.

These are alternatives, not successive steps. Under Schedule 4 PIC 4015 or 4017 of the Migration Regulations 1994, the Minister must be satisfied that the relevant consent, Australian child-order or home-country-law requirement is met.

What is Form 1229?

Form 1229 is the Home Affairs consent form titled “Consent to grant an Australian visa to a child under the age of 18 years”, with design date 11/23. Its purpose is to record consent to the grant of the child’s Australian visa.

Home Affairs Form 1229 applies where a child migrates without a parent or another person with parental responsibility who has the legal right to decide where the child lives. It is not limited to one visa subclass.

When is Form 1229 needed?

Yes—when a child under 18 migrates without a parent or other person who can lawfully decide where the child lives. That is the condition stated in Home Affairs Form 1229.

No—not in every child’s application. Where everyone with that legal right migrates with the child, the condition described in the form does not arise. An accepted statutory declaration or court-order route also replaces the form itself.

Is Form 1229 required for everyone?

No. Home Affairs Form 1229 concerns children under 18 migrating without a person who has the legal right to decide where they live; it is not a universal requirement for adults or all families.

Who signs Form 1229?

Home Affairs Form 1229 gives these signing instructions:

For the parent staying behind, the task is to give consent and provide supporting identity evidence. For the migrating parent, it is to obtain the required consent or establish an alternative route—not simply to sign on the other person’s behalf.

What to attach to Form 1229

Home Affairs Form 1229 asks for:

For online applications, the form’s instructions provide for uploading the documents through ImmiAccount.

Does Form 1229 need certified copies?

The November 2023 Home Affairs Form 1229 asks for certified copies, while the Department’s National Innovation visa page, updated 4 September 2026, says documents do not need to be certified. These instructions conflict; neither statement is presented here as overriding the other. The applicable certification instruction remains uncertain.

Form 1229 download and PDF

The Department’s form is available as the Home Affairs Form 1229 PDF, carrying design date 11/23.

For download, PDF, editable or “fill online” searches, use and complete the Department’s PDF rather than relying on copies from form-filler sites. Refer to its instructions when assembling the signed form and attachments.

Form 1229 when a child migrates on an 858 without the other parent

The Home Affairs National Innovation visa page, updated 4 September 2026, asks for consent from any non-migrating person with the legal right to decide where the child lives. It accepts Form 1229 or a statutory declaration, or evidence of an Australian court order allowing migration or home-country law permitting it.

Under regulation 1.12(2) of the Migration Regulations 1994, a child or step-child under 18 is a family-unit member if not engaged, married or in a de facto relationship. Clauses 858.224 and 858.324 impose the relevant child-consent and best-interests criteria.

The tests also cover a primary applicant under 18: clause 858.225 requires that applicant to satisfy PIC 4017 and 4018. They are not confined to children accompanying an adult applicant.

For an 858, the Home Affairs National Innovation visa page accepts a statutory declaration of consent instead of Form 1229, accompanied by ID showing the signer’s signature and photo. A plain consent letter should not be assumed to replace that specified document.

What if the other parent refuses to sign?

Under Schedule 4 PIC 4015 and 4017 of the Migration Regulations 1994, consent is one of three alternatives. Home-country law permitting removal, or an Australian child order consistent with the visa grant, also satisfies the relevant test if the Minister is satisfied of it. Refusal to sign does not itself establish either alternative.

Does a child need Form 1229 if both parents are moving on the 858?

No, provided both parents are the only people with the legal right to decide where the child lives. This follows from Home Affairs Form 1229’s condition: the child is migrating without someone who holds that right.

The Migration Regulations 1994, compilation dated 1 July 2026, divide the requirements by applicant type. “PIC” means public interest criterion.

Criterion Who it applies to in an 858 What the Minister must be satisfied of
PIC 4015 Primary applicant, for each family member under 18: clause 858.224 One of: home-country law permits removal; each person lawfully entitled to decide where the child lives consents; or the grant is consistent with an Australian child order
PIC 4016 Primary applicant, for each family member under 18: clause 858.224 No compelling reason to believe the grant would not be in the child’s best interests
PIC 4017 Primary applicant under 18: clause 858.225; secondary applicant under 18: clause 858.324 The same three alternatives as PIC 4015
PIC 4018 The same applicants as PIC 4017 The same best-interests test as PIC 4016

Form 1229 records consent; it does not replace the separate best-interests requirement under Schedule 4 PIC 4016 or 4018.

Children on an 858 application

Under regulation 1.12(2) of the Migration Regulations 1994, an eligible child under 18 joins as a family-unit member; the Regulations and Home Affairs pricing information set the under-18 secondary applicant charge at $1,560 from 1 July 2026.

The Home Affairs National Innovation visa page requires a child aged 18 to 22 to be dependent and complete Form 47a.

The same page allows a partner or child not included at lodgement to be added before the decision using Form 1436 through ImmiAccount, except where the primary applicant is under 18.

See the family forms for an 858 application alongside the broader 858 visa requirements.

Ask an Australian migration lawyer to identify the applicable child-consent route and check the signatures, court order or sole-responsibility evidence before lodgement.