# A tip for form 1229



## ampk (Sep 21, 2013)

Immigration are being VERY strict on kids included in visa's for all types including partner visa's.

There is the Departments form 1229 and also several countries have their own form that is needed for the child/ren to leave that country.

I recommend if possible to submit both with the application.

It is important that the signature matches the ID supplied (very important so stress this to the person that sign's them.)

My tip on form 1229 is (again if possible) get the bio parent to also sign, date and written name and maybe phone number on the bottom of page one of this form - and then sign the allocated place on page 2.

*** I think it has become common that only page 2 is sent to the bio parent to sign - I think this has created a few issues for the department, as only page 1 has the important stuff of what is actually happening & page 2 nothing but name, address and signature ( a very VERY poor official form indeed.)

Many people have much hassle getting this signed just once - so make the most of that chance with the ex and get as much as you on the first time.


----------



## IndyMama (Jul 13, 2014)

Thank you AMPK!
Do you know if a new 1229 is required with the 801, assuming they are included and approved on the 820?


----------



## roaamoey2014 (Feb 10, 2015)

Hi just a question do we need to supply my wifes ex ID or Passport (Translated copy) and signed by him along with the form 1229??
thanks


----------



## ampk (Sep 21, 2013)

Yes you need to supply the EX ID - a few types can be supplied but needs his signature on it.


----------



## ampk (Sep 21, 2013)

I believe new 1229's are not required as they don't have a time limit on them, but think you need to send a copy of the old accepted one..


----------



## roaamoey2014 (Feb 10, 2015)

ampk said:


> Yes you need to supply the EX ID - a few types can be supplied but needs his signature on it.


So the normal Photo ID with his his signature is fine or has to be a passport (as includes both photo and signature).
NOTE: He does not want to provide a copy of his passport.
Kind Regards.


----------



## ampk (Sep 21, 2013)

I believe that is fine if it is government issue like a drivers licence - I would not use something like a library card.

My sister refused to send copy of passport to Russia for 888 ID over privacy concerns - Our case officer sent email saying we needed another 1229 from my partners ex - and they sent that email to my sister of all people!


----------



## roaamoey2014 (Feb 10, 2015)

ampk said:


> I believe that is fine if it is government issue like a drivers licence - I would not use something like a library card.
> 
> My sister refused to send copy of passport to Russia for 888 ID over privacy concerns - Our case officer sent email saying we needed another 1229 from my partners ex - and they sent that email to my sister of all people!


What your sister is to do with this parenting thing?


----------



## ampk (Sep 21, 2013)

Nothing - but to explain why people do not want to supply passport as ID. And they are real concerns that Immigration say don't happen but have and will continue.

My sister was part of or application but nothing to do with my fiancé Ex and should not have been contacted by the Embassy in Russia as she was not an authorised person for ANY correspondence.


----------



## roaamoey2014 (Feb 10, 2015)

so what happened afterwards did you get accepted or rejected ? if so how?


----------



## ampk (Sep 21, 2013)

In our entire PMV application I played it hard ball, due to why our previous tourist visas and having to leave a kid behind. (I don't recommend to do it like that - but I had reasons)

When that email went to my sister, I took it all they way in complains and ended up with a reply and a means to contact a senior person at the Embassy in Russia (that is almost impossible now). I think it ended up helping but not sure?

We got our PMV last month after about 10 months wait.


----------



## Tryme5 (Feb 22, 2015)

Hi .even if ,one parent has full custody, do we need to fill 1229


----------



## ampk (Sep 21, 2013)

That depends on visit rights and other things in other countries. If you court order with deprived rights and full custody - I believe form 1229 is not required.


----------



## Tryme5 (Feb 22, 2015)

This full custody is written in Indian family courts divorce decree..? But it doesn't mention anywhere about deprived


----------



## Tryme5 (Feb 22, 2015)

Deprived rights ... Thanks


----------



## ampk (Sep 21, 2013)

I don't know the laws for India - but in many countries one parent can have full custody (child lives 365 days a year) but other parent can visit or take them shopping or whatever X days a week/month/year or on agreement like birthdays.

If the above is permitted by Indian law a form 1229 is required I believe. 

You need to be sure the other parent has NO legal access to the child.


----------



## Tryme5 (Feb 22, 2015)

Hi there... For child custody -
If it's is written in divorce decree" that child is in the custody of respondent and shall remain in her custody till he attains majority".however he can see his son with the permission of mother."

And kid's age is 8 years... Does this mean mother has full custody?
And can kid travel overseas...?as kids bio- father hasn't seen him since 2009


----------



## Tryme5 (Feb 22, 2015)

Since 2009 means more than 5 years neither his father tried to contact nor seen kid... Do we still need form 1229?


----------



## Maggie-May24 (Jul 24, 2011)

For many countries, having full custody doesn't give the parent the right to remove the child from the country without the other parent's consent. So you should still expect to need form 1229.


----------



## Tryme5 (Feb 22, 2015)

Thanks for reply ... Well, applicant is from India for Australian visa?


----------



## IndyMama (Jul 13, 2014)

Tryme5 said:


> Thanks for reply ... Well, applicant is from India for Australian visa?


Anyone who has any legal say whatsoever in the child's whereabouts has to consent to the grant of an Australian visa (except, as far as I know, the ETA visitor visa). This means that, if both parents have legal custody of the child in the home country, both parents need to sign form 1229 or provide a statutory declaration giving their consent to the visa. Legal custody may have NOTHING to do with how often the parent sees the child, even if they've never seen them. Assignment of joint (both parents) or sole (only one parent) legal custody is usually part of a dissolution or divorce decree. I do not know the particulars of how things work in India, my knowledge is based on first hand experience in the US and my own need for the 1229.


----------



## Tryme5 (Feb 22, 2015)

Thanks for reply... For child custody -
If it's is written in divorce decree" that child is in the custody of respondent (mother)and shall remain in her custody till he attains majority".however he (father)can see his son with the permission of mother."

And kid's age is 8 years... Does this mean mother has full custody?
Mother has got affidavit done by Indian court stating that there's no contact made by father so far to meet the child and there's no case pending regarding any issue including child...is that suffice?
can kid travel overseas...?


----------



## IndyMama (Jul 13, 2014)

Tryme5 said:


> Thanks for reply... For child custody - If it's is written in divorce decree" that child is in the custody of respondent (mother)and shall remain in her custody till he attains majority".however he (father)can see his son with the permission of mother." And kid's age is 8 years... Does this mean mother has full custody? Mother has got affidavit done by Indian court stating that there's no contact made by father so far to meet the child and there's no case pending regarding any issue including child...is that suffice? can kid travel overseas...?


 You need to ask a lawyer or a migration agent.
Actually if I were in your situation, I would ask both.


----------



## ampk (Sep 21, 2013)

I would suggest that you do need form 1229 from what you have said.


----------



## Tryme5 (Feb 22, 2015)

Appreciate your reply thanks.


----------



## feline1979 (Oct 9, 2015)

Hello. My husband is a 457 visa holder who is currently in Australia now, and we are going to apply for subsequent/secondary applications for our kids and I.
I have 2 kids, the eldest being illegitimate, will be applied as a stepchild. Do we have to submit separate 1229 forms for each child? As my husband does not hold any document stating that he is a legal guardian of the eldest child, only that we are married.


----------



## LittleOne (Aug 22, 2015)

I wonder....does anyone know if Canada has a form for leaving the country? I have sole custody and sole guardianship PLUS I also got the 1229 signed, AND a stat dec from the ex...I wonder if this is enough??


----------

