Who must consent before a child is granted a Bridging visa B in 2026? Statutory declarations and Form 1229
Which adults must consent before a child gets a Bridging visa B in 2026, and how Form 1229 or a statutory declaration works.
If a child is included in a Bridging visa B (subclass 020) application, consent is needed from every person who has a legal right to decide where the child lives and who is not travelling with the child. Each of those people must complete either Form 1229 (Consent form to grant an Australian visa to a child under the age of 18 years) or a statutory declaration giving their consent for the child to travel on this visa, and the application must include a document showing that person's signature and photo, such as a passport or driver's licence. This requirement is set out on the Australian Department of Home Affairs' Bridging visa B (Subclass 020) page, as at the August 2026 version of that page.
The consent rule is a legal-responsibility test, not a paperwork formality. It is triggered by who holds rights over the child, and it is satisfied by a signed document plus photo identification from each person who is staying behind.
Who exactly has to sign before a child can be granted a BVB?
Two conditions must both be met before someone's consent is required. The person must have a legal right to decide where the child lives, and that person must not be travelling with the child. Someone who meets only one of those conditions does not need to complete Form 1229 or a statutory declaration.
The test is deliberately broad: it says anyone, not any parent. A court-appointed guardian, a grandparent or another carer who holds that legal right is caught by the same rule as a parent. That is why the first job is to list everyone who could hold the right, rather than assuming only the two parents matter.
How do you work out who holds the legal right to decide where the child lives?
The visa page uses that phrase without defining it, because the answer comes from the family law arrangements and court orders that apply to the child, not from migration rules. Where a court order sets out who the child lives with or who makes long-term decisions about the child, that document is normally the starting point.
Separation, or a private arrangement between parents, does not by itself settle the question. What matters is the legal right, so a parent who has no decision-making right may still be relevant if an order gives them one, and a parent who is simply absent from day-to-day care may still need to sign.
If the answer is genuinely unclear in your family, treat that as the problem to solve first. The requirement attaches to whoever holds the right, so guessing wrong leaves the application missing a document the department has asked for.
Does a parent who is travelling with the child still need to consent?
No. The second limb of the test excludes anyone travelling with the child, so a parent who is on the same flight does not complete Form 1229 or a statutory declaration. The logic is simple: consent is needed from the people who are not there to see the child travel.
Be careful with the edges, though. A parent who joins the trip later, flies on a different booking, or stays in Australia while the child returns with someone else is generally not "travelling with the child" for this purpose. Where the travel arrangements are split, get the consent anyway.
Form 1229 or a statutory declaration — which one should be used?
You can use either. Form 1229 is the department's own consent form for granting an Australian visa to a child under 18, while a statutory declaration is an alternative for a person who prefers to declare their consent in that form. The department's requirement is that the document gives that person's consent for the child to travel on this visa.
Each person who must consent completes their own document. One combined letter signed by two people is not what the page describes, and it also makes the identification step harder to match up.
What identification has to go with the consent?
For every completed form or declaration, include a document showing the signature and photo of the person who signed it. The page gives a passport and a driver's licence as examples. Without it, the department has a signature it cannot tie to a face and a name.
Watch the names. If the surname on the consenting person's ID differs from the name on the child's documents, the mismatch looks like a different person entirely. The same page lists proof of change of name documents — a marriage or divorce certificate, change of name documents from an Australian Registry of Births, Deaths and Marriages or the relevant overseas authority, or documents showing other names the person has been known by — and any of those can bridge the gap.
The child's own identity documents are separate from the consent. The department asks for colour copies of the pages of the child's current passport showing their photo, personal details, and passport issue and expiry dates, plus a national identity card if they have one, and proof of change of name if applicable.
When does the consent requirement fall away?
Three situations take a child outside the rule. The first is the travelling-with-the-child exclusion above. The second is where the child is not included in the BVB application at all — family members who do not need to leave Australia can stay on their current bridging visas, and the page advises only including family members who have substantial reasons for needing to leave.
The third is age. Form 1229 is a consent form for a child under 18, so once the applicant is an adult there is no one whose consent is required on their behalf. Until then, assume the requirement applies and document it.
What else has to line up for the child's BVB?
Each member of the family included in the application has to meet the requirements for a BVB in their own right. Those include already holding a Bridging visa A or Bridging visa B, having a substantive visa application or judicial review on foot, having substantial reasons for travelling, and meeting the character requirement.
Everyone in the application, including the child, must be in Australia when the application is lodged and when the decision is made. The page also advises applying no more than 3 months and not less than 2 weeks before the date you want to travel — early enough to be decided, close enough for the department to assess the travel reason.
What if someone refuses to consent, or can't be found?
The consent requirement is expressed as something you must obtain, and the department's page does not set out a substitute for it. If the dispute is really about who holds parental responsibility, that question belongs to family law rather than the visa process, and it needs to be settled before the paperwork can be completed honestly.
This article is general information about how the published rules work, not advice about your circumstances or a legal opinion on who holds parental responsibility in your family. Where the identity of the people who must sign is uncertain, or where consent is contested, check the department's official page as it stands when you apply and get advice from someone qualified to advise you; immigration assistance can only be given by a registered migration agent, a legal practitioner, or an exempt person. If you later realise a consent or answer was wrong, the department's process for correcting incorrect answers is Form 1023.
Frequently Asked Questions
Does the other parent need to consent if I am taking the child overseas myself?
Yes, if they have a legal right to decide where the child lives and they are not travelling with you. They complete Form 1229 or a statutory declaration, and you include their photo and signature ID with the application.
Can a statutory declaration replace Form 1229?
Yes. The department accepts either Form 1229 or a statutory declaration giving that person's consent for the child to travel on this visa. Both routes still require the document showing the signer's signature and photo.
Do I need consent if there is no court order about the child?
A court order is not what creates the requirement — the legal right to decide where the child lives is. If no order exists, look at who currently holds that right under the arrangements that apply to the child, and get consent from anyone who does and who is not travelling.
Does a grandparent or guardian need to sign too?
Only if they hold a legal right to decide where the child lives and are not travelling with the child. The rule is written as "anyone who" holds that right, so it is not limited to parents.
Can the child be included in my BVB application, and does that change the consent rules?
Family members can be included in one BVB application, but each person still has to meet the requirements for a BVB in their own right, and only those with substantial reasons for leaving Australia should be included. Including a child does not remove the consent requirement for anyone who is not travelling with them.
How far ahead of travel should I lodge the application?
No more than 3 months and not less than 2 weeks before the date you want to travel. Everyone in the application must be in Australia both when you lodge and when the decision is made.