Info Child visa subclass 101 query

[muntasib]

Hi everyone,
I and my wife are PR holder of subclass 189.
We didn't do our initial entry due to covid-19 travel restrictions.
Now we had a baby and I was in the process of applying for child visa 101
The question I have is related to the form 1229 "Consent to grant an Australian visat to a child under the age of 18 years". I am applying on behalf of my child, is it necessary to have this form filled by my wife? Any advice will be helpful.
Sincerely,
Muntasib

 

[MysticRiver]

Isn't Form 1229 for non-accompanying parents?

 

[muntasib]

Yes, it's written there in the form that it's for non accompanying parents. But in form 40ch-partG-question 18 it's been asked that "Do you have the sole legal right to determine where the child shall live or to permanently remove the child from their home country?" and it's filled by the sponsoring parent, which is me. If I select No then I am asked there "You must attach either a completed form 1229 Consent to grant an Australian visa"
If I select yes then I'm asked "Attach a certified copy of the court order giving you sole legal right to determine where the child shall live"
That's kind of the confusion as we don't need a court order because we are both accompanying.

 

[MysticRiver]

Oh, then from the sound of it, it seems like you and your wife need to fill that up. Although, I am not entirely clear about this particular aspect.

 

[muntasib]

Oh, then from the sound of it, it seems like you and your wife need to fill that up. Although, I am not entirely clear about this particular aspect.

Alright, thanks mate.

I found a guide somewhere, where somebody applied and got a grant of 101 for their child, he mentioned that he got 1229 filled for his wife and himself. I guess no harm in sending one more form along the application.

 

[limax]

Hi Muntasib,

I am in the same situation except we did our initial entry back in 2019 when our PR was approved. We had a baby in Nov 2020 outside Australia.
I see from the immigration page that the processing times for subclass 101 are 24 months so, does that mean we can't bring our baby to Australia till the 101 is granted?

 

[muntasib]

Hi Muntasib,

I am in the same situation except we did our initial entry back in 2019 when our PR was approved. We had a baby in Nov 2020 outside Australia.
I see from the immigration page that the processing times for subclass 101 are 24 months so, does that mean we can't bring our baby to Australia till the 101 is granted?

So it seems. we can bring the baby with subclass 600 (family sponsored) then once the baby is there, apply for 802 (if I remember correctly)
But to be able to apply 802 from 600 you'd need to apply to waive off the condition on 600 that it cannot be converted to any other visa. I'm not sure how that pathway works but you can do some research on that.

 

[limax]

Hi Muntasib,
Thanks for the info, will look into it.
Did u apply for 101 already and paid the amount? If yes, may I know what option did u choose under pre-pay paper application ?

 

[muntasib]

Hi Muntasib,
Thanks for the info, will look into it.
Did u apply for 101 already and paid the amount? If yes, may I know what option did u choose under pre-pay paper application ?

Yes, I couriered the application today. I paid the fee from my immiaccount under my payments, manage my payments section. Selected prepay paper service and chose prepay paper service. The guide to pay is there in one of the forms (I guess on form47CH)

 

[limax]

Thanks Muntasib