Form 1229 for Partner Visa: Child Consent

Form 1229 partner visa consent is one of the most common reasons a family partner visa application is delayed. When a child under 18 is included in a partner visa application and the child's other parent is not coming to Australia, the Department of Home Affairs needs that parent's consent, or another lawful basis, before the visa can be granted. For most families, Form 1229 partner visa evidence is the way that consent is given.

This guide explains Form 1229 partner visa requirements for couples applying for the onshore Subclass 820 and Subclass 801 partner visa, the offshore Subclass 309 and Subclass 100 partner visa and the Subclass 300 Prospective Marriage visa. It covers the legal test, who must sign, how the form is completed, what happens when the other parent is overseas, has died, cannot be found or refuses to sign, and how consent interacts with the best interests of the child. For an overview of the whole process, start with our complete guide to partner visas in Australia. If the other parent is already refusing, our partner visa lawyers can review the position before you lodge.

What is Form 1229 for a partner visa?

Form 1229 is the Department of Home Affairs form titled "Consent to grant an Australian visa to a child under the age of 18 years". It is completed by a non-accompanying parent, or another person with parental responsibility, to record their consent to the child being granted an Australian visa. In a partner visa matter, it is the usual way to show that a parent who is staying behind agrees to the child migrating with the partner visa applicant.

The form is not a partner visa form as such. It is used across many visa programs. What makes the Form 1229 partner visa question distinct is the way the partner visa criteria are written. The child's custody position is not only a requirement for the child. It is also a requirement for the main applicant. A gap in Form 1229 partner visa evidence for one child can therefore affect the whole family.

Form 1229 asks for the details of the child, the details of the person giving consent, and that person's signature. It also asks for a certified copy of the consenting person's identity document. Where someone claims to be solely responsible for deciding where the child lives, the form asks for certified copies of the legal documents or court orders that give them that responsibility.

When is Form 1229 partner visa consent needed?

Form 1229 partner visa consent is needed when a child under 18 is included in the partner visa application and at least one person who can lawfully determine where the child is to live is not migrating with the child. The most common case is a child from a previous relationship whose other parent lives separately, in Australia or overseas.

Form 1229 partner visa consent is usually not needed in these situations:

• The child is the biological child of both the applicant and the sponsor, and both are part of the application process, because both parents are already involved.
• The applicant already holds a court order giving them sole responsibility for deciding where the child lives, and that order is provided instead.
• The child is not included in the application at all and is a non-migrating member of the family unit.

The Form 1229 partner visa requirement is about the child's legal custody position, not about who the child lives with day to day. A parent who has had little contact with the child for years may still be a person who can lawfully determine where the child lives. Unless a court order or the law of the home country has changed that, the Department will usually expect that parent's consent. Our partner visa document checklist explains how custody documents fit with the other documents a family must provide.

Children can be included at lodgement, or in some cases added later. Our Subclass 820 partner visa guide and our guide to 820 visa requirements, documents and how to apply explain how family members are included onshore.

The law behind Form 1229 partner visa consent: PIC 4015 and PIC 4017

Form 1229 partner visa consent is evidence for public interest criteria 4015 and 4017 in Schedule 4 to the Migration Regulations 1994. Those criteria are worded almost identically. Each requires the Minister to be satisfied of one of the following:

• The law of the child's home country permits the removal of the child.
• Each person who can lawfully determine where the child is to live consents to the grant of the visa.
• The grant of the visa would be consistent with any Australian child order in force in relation to the child.

Only one of the three limbs needs to be met. Form 1229 is evidence for the second limb, consent. A court order or foreign law can satisfy the criteria on another limb, even where consent is not available.

PIC 4015 refers to the "additional applicant", meaning the child, and is the version that appears in the main applicant's criteria. PIC 4017 refers to the "applicant", meaning the child as a secondary applicant in their own right. The regulations define "home country" as the country of which the person is a citizen or, if the person is not usually resident there, the country where the person usually resides. "Australian child order" has the meaning given by subsection 70L(1) of the Family Law Act 1975.

On the question of Form 1229 partner visa evidence, the important point is that the criteria are time of decision criteria. The Department must be satisfied when it decides the application. Consent that was given at lodgement but later withdrawn, or a court order that has been varied, can change the answer.

Subclass 820 and Subclass 801

For the onshore partner visa, clause 820.225 provides that the main applicant cannot be granted a Subclass 820 visa if a member of the family unit under 18 who made a combined application does not satisfy PIC 4015 and PIC 4016. Clause 820.324 requires a secondary applicant who has not turned 18 to satisfy PIC 4017 and PIC 4018. The permanent stage mirrors this. Clause 801.225 applies PIC 4015 and PIC 4016 to the main applicant's criteria, and clause 801.324 applies PIC 4017 and PIC 4018 to the child.

Department policy says that, for the Subclass 801 stage, the decision maker can generally rely on the assessment made at the Subclass 820 stage, but should check the earlier notes and may make a fresh assessment and ask for new evidence if there is doubt. Form 1229 partner visa evidence given at the first stage may therefore need to be updated at the second stage if circumstances change. Our article on Subclass 820 vs Subclass 801 explains the two stages.

Subclass 309 and Subclass 100

For the offshore partner visa, clause 309.229 provides that the main applicant cannot be granted a Subclass 309 visa if a member of the family unit under 18 who made a combined application does not satisfy PIC 4015 and PIC 4016. Clause 309.326 requires a secondary applicant who has not turned 18 to satisfy PIC 4017 and PIC 4018. For the permanent stage, clause 100.225 applies PIC 4015 and PIC 4016 to the main applicant's criteria. Form 1229 partner visa consent is especially common in offshore matters, because the child and the other parent often live in the same country.

Subclass 300 Prospective Marriage visa

For engaged couples, clause 300.227 provides that the main applicant cannot be granted a Subclass 300 visa if a member of the family unit under 18 who made a combined application does not satisfy PIC 4015 and PIC 4016. Clause 300.326 requires a secondary applicant who has not turned 18 to satisfy PIC 4017 and PIC 4018. Form 1229 partner visa rules therefore apply in the same way to a child travelling with a fiance or fiancee.

Why one missing consent can stop the whole partner visa

A missing Form 1229 partner visa consent can stop the main applicant being granted the visa, not just the child. The Department's policy describes the custody criteria in clauses 820.225, 309.229 and 300.227 as "one fails, all fail" criteria. Because PIC 4015 sits in the main applicant's criteria, the main applicant cannot meet the primary criteria if a child included in the application does not satisfy it.

This is the point most often misunderstood. Many applicants assume that if the other parent will not sign, only the child's visa is at risk. That is not how the partner visa provisions work. Department policy explains that the purpose of these clauses is to ensure the main applicant cannot be granted the visa if granting a visa to the child would prejudice the custody rights or responsibilities of another person, or would not be in the child's best interests.

The practical consequence is serious. A family that includes a child without a lawful basis under PIC 4015 risks a refusal of the whole application. That is why Form 1229 partner visa issues should be resolved, or a clear plan made, before lodgement. Our guide to why partner visas get refused and our list of the most common reasons Subclass 820 visas are refused explain the wider refusal risks.

There is a difference between including a child and leaving a child out. If a child is not included in the application, PIC 4015 does not apply to that child. The child is still a member of the family unit and may need health and character checks, but no Form 1229 partner visa consent is required. Deciding whether to include a child is therefore a strategic decision that should be made with advice.

Who must sign Form 1229 for a partner visa?

Form 1229 for a partner visa must be signed by each person who can lawfully determine where the child is to live and who is not migrating with the child. In most families this is the child's other parent. It can also be a guardian, a grandparent or another relative who holds legal responsibility for the child under the law of the child's country or under a court order.

The person who is migrating with the child, usually the partner visa applicant, does not sign Form 1229. Their consent is shown by including the child in the application. The Australian sponsor does not sign Form 1229 either, unless the sponsor is also a person who can lawfully determine where the child lives and is not otherwise part of the application. A step-parent sponsor does not have parental responsibility simply because they are married to, or in a de facto relationship with, the child's parent.

Where more than one person shares parental responsibility, the criteria require consent from each of them. A Form 1229 partner visa consent from one parent is not enough if a second person, such as a court-appointed guardian, also has the right to decide where the child lives. Each consenting person should complete their own form or their own section, with their own certified identity document.

Identifying the right signatories is not always simple. Parental responsibility depends on the law of the child's home country, any court orders, and in some countries religious or customary law. For a child born outside marriage, the law of some countries gives parental rights to the mother alone unless the father has taken certain steps. In other countries, both parents have equal rights regardless of marriage. The Form 1229 partner visa question is therefore partly a question of foreign law. Our article on partner visa relationship evidence explains how the Department looks at documents from other countries more generally.

Form 1229 partner visa consent in blended families

Form 1229 partner visa consent is most often needed in blended families, where the partner visa applicant has a child from an earlier relationship. The child's other parent is usually not part of the new relationship and is not migrating, so their consent, or another lawful basis, is required.

Consider a couple where the applicant has a 9-year-old child from a previous marriage. The child lives with the applicant, and the child's father lives in the same overseas city and sees the child on weekends. The father still shares legal responsibility for the child. Unless a court has given the applicant sole responsibility, the Form 1229 partner visa route will require the father's signature, and the application should not be lodged until the couple knows whether he will sign.

The position is different for a child of the sponsor. A sponsor's own child who is an Australian citizen or permanent resident is not a visa applicant, so no Form 1229 partner visa consent is needed for that child. Where the couple has a child together, both parents are usually part of the process, and consent from a third person is not normally an issue. Our guide on the de facto partner visa and the 12-month rule explains how a child of the relationship can be relevant in other parts of the application.

Adopted children and children in informal care arrangements need particular attention. A formal adoption order usually changes who holds parental responsibility, and the adoption order itself becomes key evidence. An informal arrangement, where a relative cares for a child without any court order, usually does not change the legal position. The child's parents may still be the people who must sign Form 1229. In partner visa matters, informal or customary care arrangements should be reviewed carefully before the child is included.

Form 1229 partner visa questions can also arise where the applicant entered Australia on another visa, such as a visitor visa, with the child. Our article on moving from a tourist visa to a partner visa in Australia explains the visa issues. The custody criteria apply in the same way, whatever visa the child currently holds.

How to complete Form 1229 for a partner visa

Form 1229 for a partner visa is completed by the consenting parent, not by the partner visa applicant, and it should match the child's passport and birth certificate exactly. The form asks for the child's full name, date of birth and other identifying details, the consenting person's details and relationship to the child, and a signed consent to the grant of an Australian visa to the child.

When preparing Form 1229 partner visa documents, check the following before the form is signed:

• The child's name is written exactly as it appears in the child's passport, including all given names.
• The consenting parent's name matches their identity document, and any change of name is explained with evidence.
• Each child is listed if the form is used for more than one child, or a separate form is used for each child.
• The consenting person signs personally. A signature by an agent or a relative on their behalf is not acceptable.
• The signature on the form can be compared with the signature on the identity document provided.
• Any documents in a language other than English are accompanied by an accredited English translation.

A Form 1229 partner visa consent should be completed close to the time of lodgement. Department policy treats the custody criteria as time of decision criteria, so an old form signed years earlier for a different visa may not be accepted for the partner visa. It is safer to obtain a new form that refers to the partner visa application.

The form is uploaded to the partner visa application in ImmiAccount as an attachment for the child. If you have not yet set up an account, our guide on how to create an ImmiAccount explains the steps. Other forms are often prepared at the same time, such as Form 80 personal particulars for adult applicants and Form 888 statements from people who know the couple.

Certified identity documents with Form 1229

Form 1229 must be supported by a certified copy of the personal details page of the consenting person's passport, driver's licence, national identity card or birth certificate. The form states that at least one of the identity documents provided by the consenting parent must include a signature. That allows the Department to compare the signature on the form with the signature on the identity document.

Certification must be done by a person authorised to certify copies in the place where the document is signed. In Australia, certification rules are set by Commonwealth and state law. Outside Australia, certification is usually done by a notary public or another official recognised under local law. A poorly certified copy, or a copy with no signature, is one of the most common reasons the Department asks for further Form 1229 partner visa evidence.

If the consenting person relies on sole responsibility rather than consent, Form 1229 asks for a certified copy of any relevant evidence that makes them solely responsible for deciding where the child lives. This may include legal documents, travel orders or court orders. Those documents should be complete, including every page and any later variation.

Is Form 1229 the only way to give consent?

No. Form 1229 is the Department's standard form, but the legal test is consent from each person who can lawfully determine where the child lives. Older Department forms described consent being given in a written declaration. In practice, Form 1229 is the document the Department expects. Using it avoids argument about whether the consent is clear, specific to the visa and properly identified. Where a parent cannot or will not use the form, other evidence of consent may be considered, but it should be clear, signed, dated and supported by identity documents.

Form 1229 partner visa consent when the other parent lives overseas

Form 1229 partner visa consent can be given by a parent who lives outside Australia, and in offshore Subclass 309 matters this is the usual situation. The parent completes the form in their own country, has their identity document certified there, and sends the signed form and certified copy to the applicant for upload.

Practical problems arise more often than legal ones. The other parent may live in a remote area, may not have a passport, or may be reluctant to visit a notary. Where certification is difficult, a parent can often use a national identity card or a birth certificate together with another document bearing a signature. The key point for Form 1229 partner visa evidence is that the Department can identify the signatory and compare signatures.

Where the overseas parent is willing but slow, it is better to obtain the Form 1229 before lodgement than to lodge and wait. Department officers may ask for missing custody evidence under section 56 of the Migration Act 1958, and a request comes with a time limit. Our guide on responding to a section 56 request for more information explains what happens if the response is late.

Some couples ask whether a parent overseas can give consent by email or message instead of Form 1229. Informal messages can support the position, but they are weak evidence of a legal consent. The Form 1229 partner visa route, with a certified identity document, is far more reliable. Couples applying from outside Australia can read our guide to the Subclass 309 visa for the wider offshore process.

When the other parent has died or cannot be found

Form 1229 partner visa consent is not needed from a parent who has died, but the Department needs evidence of the death and of who now has responsibility for the child. A certified copy of the death certificate is the starting point. If another person, such as a grandparent or guardian, has since acquired parental responsibility under local law or a court order, that person's consent may then be needed.

Where the other parent cannot be found, the position is harder. PIC 4015 and PIC 4017 do not contain an exception for a parent who is missing. The consent limb cannot be met if a person who can lawfully determine where the child lives does not consent. The applicant must usually rely on one of the other two limbs:

• An order of an Australian court dealing with the child, so that the grant is consistent with an Australian child order.
• The law of the child's home country, where that law permits the child's removal without the missing parent's consent, or where a foreign court has given sole responsibility to the applicant.

Evidence of the search for the missing parent is still useful. Records of attempts to contact the parent, statements from relatives, and any official records of the parent's whereabouts help to explain why Form 1229 partner visa consent cannot be obtained. They may also support an application to a court for orders. A parent who has simply had no contact with the child for a long time is not, for that reason alone, a person whose consent is unnecessary.

Where both parents have died and a relative has taken over care, the relative's legal status needs to be documented. The Department will look at guardianship or custody orders from the child's home country. The dependent child definition may also need to be satisfied. Our article on partner visa document requirements before you apply explains the core identity documents that should be gathered first.

What if the other parent refuses to sign Form 1229?

If the other parent refuses to sign Form 1229, the partner visa can still be granted, but only if PIC 4015 and PIC 4017 are met on another limb. The two alternatives are a court order that the grant would be consistent with, and the law of the child's home country permitting removal. A refusal to sign does not end the matter, but it changes the strategy and usually the timing.

Australian parenting orders

Where the child is in Australia, or the dispute can be heard in Australia, the usual path is an application to the Federal Circuit and Family Court of Australia for parenting orders. Orders may give the applicant sole parental responsibility for decisions about where the child lives, or may specifically permit the child to live in Australia with the applicant. The Department then considers whether the grant of the visa would be consistent with any Australian child order in force.

Family law proceedings are separate from the partner visa. The family court decides the parenting issue under the Family Law Act 1975, with the child's best interests as the paramount consideration. A relocation dispute can take time. Form 1229 partner visa planning should therefore take the likely length of court proceedings into account before the partner visa is lodged.

Orders from the child's home country

Where the child lives overseas, a court in the child's home country may be able to make an order giving the applicant sole custody or permission to remove the child. Under the first limb of PIC 4015 and PIC 4017, the question is whether the law of the child's home country permits the removal. A foreign court order giving the applicant the right to take the child abroad is strong evidence that it does. The order should be certified, translated where needed, and complete.

The law of the home country without an order

In some countries, the law permits one parent to remove a child without the other parent's consent in certain circumstances. Showing this usually requires reliable evidence of the foreign law, such as an official legal document or an opinion from a qualified lawyer in that country. It is a narrow route, and the Department will look at it carefully. It should not be assumed without advice.

Whichever route is chosen, a refusal to provide Form 1229 partner visa consent should never be dealt with by leaving the other parent's details off the application or by giving incomplete answers. Incorrect information can raise PIC 4020 issues, which are far more serious than a custody gap. Our article on why partner visas get refused explains why accuracy matters.

Form 1229 partner visa consent and the best interests of the child

Form 1229 partner visa consent satisfies the custody criteria, but it does not decide the separate best interests criteria. PIC 4016 and PIC 4018 require the Minister to be satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the child. The Department's policy states that officers must not assume PIC 4016 and PIC 4018 are met just because PIC 4015 and PIC 4017 are met. A separate assessment is required.

The best interests criteria are written in the negative. Department policy explains that officers assess them on the evidence already provided and are not expected to look for more information unless there are compelling reasons to suspect a concern. Where a court has made orders giving full parental responsibility to one parent, and the court's decision considered the child's best interests, the officer may be able to rely on that without further assessment.

Partner visa sponsors may also be asked for police certificates where a child is included. Under regulation 1.20KB and Department policy on sponsors of concern, the Department may refuse a sponsorship where the sponsor has convictions for certain offences, and policy states that a non-migrating person who can lawfully determine where the child lives may be informed of relevant convictions or charges. Our articles on partner visa sponsorship limitations and when a sponsor cannot sponsor a partner visa explain those rules.

A child's best interests can also matter in other ways. Where a partner visa applicant has experienced family violence, the family violence provisions may affect how the application proceeds, and a parent fleeing violence may face particular difficulty obtaining Form 1229 partner visa consent from the other parent. In those cases, a court order is often the safer evidence.

Form 1229 partner visa checklist before lodgement

A Form 1229 partner visa checklist helps a family confirm that the custody criteria can be met before the application is lodged. The following points should be confirmed for each child under 18 who will be included:

• The child's full birth certificate, showing both parents where both are recorded.
• The identity of every person who can lawfully determine where the child lives, under the law of the child's home country and any court order.
• A signed Form 1229 from each of those people who is not migrating, with a certified copy of an identity document bearing their signature.
• Any court orders about custody, parental responsibility, guardianship or relocation, complete and certified, with any later variation.
• A death certificate for any parent who has died, and evidence of who has held responsibility for the child since.
• Accredited English translations of any document not in English.
• Evidence of any change of name of the child or a consenting parent.

Where any item is missing, the family should decide before lodgement whether to wait, whether to seek a court order, or whether the child should be left out of the application. Lodging first and hoping to obtain the Form 1229 partner visa consent later is a risk, because the Department may ask for the evidence within a set time, and a failure to provide it can lead to refusal of the whole application. Our immigration lawyer consultation guide explains what to bring to a first meeting about these documents.

Tribunal decisions on Form 1229 partner visa consent issues

Tribunal decisions show that custody and consent questions can be resolved on review where the right evidence is provided. Two decisions recorded in our partner visa remittal database are on point. In each, the Tribunal remitted the matter to the Department for reconsideration.

In Haynes (Migration) [2020] AATA 3293, a Subclass 820 matter, the issues recorded were an additional applicant who was a dependent child of the primary applicant, permission to migrate under the law of the home country, and the parents' consent. The matter shows that the home country law limb and the consent limb can both be live issues in the same case.

In TSVANHU (Migration) [2022] AATA 2027, a Subclass 309 matter, the issues recorded were a secondary applicant grandson under the custody and guardianship of the primary applicant grandfather, the child's mother having died, and court orders from the home country provided to the Tribunal. The matter shows how a death certificate and custody orders from the child's country can answer the custody question where Form 1229 partner visa consent from a parent is not available.

These decisions were made by the former Administrative Appeals Tribunal. Review of partner visa refusals is now conducted by the Administrative Review Tribunal. Review deadlines are short and strictly applied, so a family refused on custody grounds should act quickly. Our guides to partner visa refusal appeal options, what to expect in an ART review and our partner visa refusals page explain the process. A tribunal can only consider evidence that exists, so obtaining the missing Form 1229 or court order remains the priority.

Children aged 16 to 18 and Form 1229 partner visa rules

Form 1229 partner visa rules apply to every child under 18, including a child aged 16 or 17. PIC 4015 and PIC 4017 contain no exception for older teenagers, and a 17-year-old's own wish to migrate does not replace the consent of a parent who can lawfully determine where the child lives.

Clause 820.324 applies PIC 4017 and PIC 4018 "if the applicant has not turned 18", and Department policy describes this as being assessed at the time of decision. A child who turns 18 before the decision is made may therefore no longer need to meet those criteria. That is not a reason to leave out Form 1229 at lodgement. Processing times are not predictable, and the Department may decide the application before the birthday.

Older children raise other issues. A child aged 18 or over must meet the dependent child definition to remain in the application, and must satisfy the character criteria and PIC 4019. Our article on Subclass 820 processing times and our guide on how long the partner visa 820 onshore takes explain why timing is uncertain.

Non-migrating children and the Form 1229

Form 1229 partner visa consent is not required for a child who is not included in the application. PIC 4015 and PIC 4017 apply only to a child under 18 who has made a combined application with the main applicant. A child who stays with the other parent overseas is not migrating, so there is no visa grant for that parent to consent to.

A non-migrating child is still relevant. Under clause 820.224(1A) and the equivalent offshore provisions, members of the family unit who are not applicants may need to satisfy health and character criteria, unless the decision maker is satisfied it would be unreasonable to require a health assessment. Each child must also be declared in the application. Leaving a child out of the family details is a serious error, even where the child is not migrating.

Some families leave a child out because the other parent will not sign Form 1229. That can be a legitimate choice. However, it has consequences for the child's own future migration, which will then need a separate visa pathway. The decision should be made with a clear view of those consequences.

When should Form 1229 be provided?

Form 1229 should be provided at lodgement wherever possible. The custody criteria must be met at the time of decision, but the Department can decide an application on the information before it. If Form 1229 partner visa evidence is missing, the Department may ask for it, or may decide the application without it if a request is not answered on time.

Form 1229 partner visa evidence may also be needed later in these situations:

• A child is added to an application that has not yet been decided.
• A child is born or adopted during processing and the other parent is not part of the application.
• The Department reviews custody evidence at the second stage, Subclass 801 or Subclass 100, and the earlier evidence is in doubt.
• A court order has been varied or a consenting parent has withdrawn consent.

Changes in custody arrangements, including a new court order or a withdrawal of consent, may need to be reported to the Department. Our article on Form 1022 change of circumstances explains how changes are notified. Where the applicant has appointed a representative, the Department communicates through them. Our guide to Form 956 and 956A explains how that appointment works.

Common Form 1229 partner visa mistakes

The most common Form 1229 partner visa mistakes are avoidable with careful preparation:

• Lodging a partner visa that includes a child without Form 1229, a court order or evidence of foreign law, and hoping the issue will not be raised.
• Obtaining a signature from only one of two people who share parental responsibility.
• Providing an uncertified copy of the consenting parent's identity document, or one with no signature.
• Spelling the child's name differently from the passport.
• Relying on an old consent form signed for a different visa.
• Assuming a parent who has had no contact does not need to consent.
• Leaving the other parent's details off the application to avoid the issue.
• Treating a refusal to sign as affecting only the child's visa, when it can affect the main applicant as well.

Each of these can be checked before lodgement. Our partner visa evidence checklist for the Subclass 820 and our guide on preparing evidence of a genuine relationship explain how custody documents fit into a complete application. Couples who also need to show their relationship history can read our guide to the partner visa relationship statement.

Getting advice on Form 1229 partner visa consent

Advice is most useful before lodgement, when the choice between consent, a court order and foreign law evidence can still be made calmly. It is also important where the other parent is hostile, where the child's home country has unusual custody laws, or where a refusal has already occurred.

If you lodged the application yourself and the Department has raised the Form 1229 partner visa question, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in. Our guides on when you need an immigration lawyer for a partner visa, getting a second opinion from an immigration lawyer and urgent immigration lawyer advice explain what to prepare. Our factual comparison of a partner visa migration agent or lawyer and our article on partner visa lawyer versus doing it yourself may also help.

Same-sex couples face exactly the same Form 1229 partner visa rules. Our LGBTI partner visa page explains how we act for same-sex couples, including families with children from earlier relationships.

Where My Migration Lawyers acts on partner visa matters

My Migration Lawyers acts for partner visa applicants and their families across Australia, with consultations by video. Families can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where a custody problem sits alongside other visa issues, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Families comparing representatives may find our guides on how to choose a partner visa lawyer in Australia and our partner visa lawyer guide useful. More of our partner visa writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.

How My Migration Lawyers helps with Form 1229 partner visa consent

My Migration Lawyers acts in many partner visa matters where Form 1229 partner visa consent is a live issue, and many of those matters are complex. They include families where the other parent lives overseas and is slow to respond, families where the other parent has died or cannot be found, children whose custody is governed by foreign court orders, and families where the other parent refuses to sign. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

Before lodgement, the firm reviews the child's birth certificate, any court orders and the family history, and identifies every person who can lawfully determine where the child lives. The firm then advises whether the case should proceed on consent, on an Australian child order, or on the law of the child's home country. Where Form 1229 is the right route, the firm prepares the form for the consenting parent to sign, explains the certification requirements for their country, and checks the returned documents against the child's passport before upload.

Where consent is refused or cannot be obtained, the firm explains the options in writing, including whether the child should be included at all, how the "one fails, all fail" rule affects the main applicant, and how court orders in Australia or overseas fit with the partner visa timeline. The firm presents the family's own documents and account in the form the law requires. Where the Department has raised custody in a request or a refusal, the firm prepares the response or the review, and the same approach applies at the Subclass 801 and Subclass 100 stage.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page or send us a message through our contact page.

If a child is part of your partner visa and the other parent's consent is uncertain, get the Form 1229 partner visa position right before you lodge. Book a consultation or call 1300 040 300.