Sa mga PR immigrants na may kasamang 18 yrs. old below, question po...........

ava_garde06 · December 2014

Hello. So I got my visa grant last Oct2014. Pero the visa decision for my husband and son (2yrs old) is still in progress. Now Embassy contacted me again requiring me to accomplish form 1229 for 'Consent from both parents for grant of visa'. Base sa docu description, para to sa migrating minor.
=====================
Who should use this form?
Where children under 18 years of age intend to travel to
Australia, their non-accompanying parent(s) or person(s) with
parental responsibility (anyone who can lawfully determine
where the child/children is/are to live) may be required to sign
a consent form to give permission for the child/children to be
granted an Australian visa for the purpose of travel to stay
temporarily or permanently in Australia. If one parent, or
person(s) with parental responsibility, has lawfully been made
solely responsible for making decisions as to where the
child/children is/are to live, then only that parent or person
needs to sign the consent form.
=======================

The confusing part for me, since ako yun mauuna sa Oz, ako lang ba mag-a-accomplish nito form? Sabi kasi dun, to be accomplished by "non-accompanying parent". May extra descriptions pa kasi dun to accomplish statutory
Ang worry ko kasi kapag sinubmit ko na ako lang nakapirma, baka magkaron ng confusion sa visa decision ni hubby. Ang intindi ko kasi sa additional requirement sa doc, para to sa mga nagkahiwalay na partners at papayagan nun isang parent na mag-migrate yun anak nya na di sya kasama.

Sa mga family migrants with minor children na HINDI sabay ang grant ng visa for each family member, did you also accomplish this form?

coreivpro · December 2014

hi. never experienced this one. we also have a child with us. maybe you can ask them directly about your inquiry kasi they will definitely have the best answer for you. no harm in asking them naman kasi you just want to be enlightened with your issue e.

JCsantos · December 2014

the way how i understand "non-accompanying parent" is the person other than you or your husband

arsky · December 2014

@ava_garde06

Hi ... Is your visa application seperate from your husband and son or did you apply for a whole family unit ???

Thats really weird ,, I understand that your the main applicant?

If your visa application is for the whole family unit ... its understood that both of the parent is travelling in Australia with the child and yung consent should not be needed.

Yup your right para lang dapat yun sa magkahiwalay na parent.

Base kasi sa law ng philippine sa custody of child below 7 years of age. That no mother shall be seperated from her child. Which means na nasa mother ang full parental responsibility.

It also means na yung father ng child of 7 years and below eh hindi kailangan gumawa ng consent (dahil kahit ayaw nya pumayag eh) wala ding bisa yun kasi ma ooverride lang sya ng batas pertaining to child custody.

So I believe na ikaw lang ang kailangan gumawa ng consent. This is only my opinion .. its better na ask and clarify things sa immigration

Dont worry too much coz hindi maapektuhan yung application ng husband mo ..

joyful · December 2014

Nag submit ako nitong form na ito and ang nag fill out ay yung other parent ng bata na hindi niya kasama sa pag travel. Ang tingin ko lang kasi kaya nila kelangan nito is at the time na mag travel papunta sa OZ (pag na grant na ang visa), may isang parent na di kasama sincw nauna ka na nga dun. But I am positive that it is the non accompanying parent who will sign that form.

ava_garde06 · December 2014

Thank you all for the reply.

I emailed back my CO last night and clarified this new requirement. Binigyan ko dn sya ng quick summary ng application ko. Iba iba kasi un CO na nakausap ko this 2014 alone na nagprocess ng mga visas ko. Baka nagkalituhan na sa naging status. Ganito kasi yun visa history ko.

1. I submitted my visa application last June 2009 as Skilled Independent Immigrant. I was still single that time.

....WAITING TIME.... NO UPDATE OR ANYTHING FROM EMBASSY..........

2. Dec2013, I finally got an update from them through my old agent asking for updated records like medical, employment, etc....

3. Feb2014. I submitted change of circumstance forms, like new civil status and dependents. My agent also said he can't offer services any more since his license is no longer active. So I submitted a form 956A (withdrawal of authorized recipient).

4. From Mar2014-Jul2014, the CO working on my case that time required my dependents' passport, medical records, police records (hubby only), etc........ I asked her, why are they required kasi di naman sila part ng initial application. Sabi ni CO, yes daw even if non-migrating member sila. And if isa man daw sa family members magfail, example medical exam, affected daw yun buong visa application. So ayun, I complied to what they required. I was not required to pay any extra visa fees. My impression that time, 'ay ganun pala yun, automatic na kagad yun asawa/anak sa pag-grant ng visa.'

5. I received my visa grant Occt2014 (mine only). At that the same email, Embassy said they acknowledge the withdrawal I sent for my son's visa. I emailed them back saying the only withdrawal form I sent was for my agent last Feb2014.

......WAITING FOR EMBASSY'S UPDATE ON MY CLARIFICATION ABOUT MY SON'S VISA.... HUBBY'S VISA STATUS IN MY IMMIACCOUNT IS 'PROCESSING'.

6. DEC2014. Finally, Embassy confirmed there was an error at their part about my son's visa so they are processing it again and that's when I received the requirement for Fom1229.

So before I sent this to the CO again, I clarified to her if tama ba yun pagkakaintindi ko sa requirement nila na kaya ko need fill out yun kasi mauuna ako maglanding sa australia kesa sa mag-ama ko na waiting pa din ng visa.

coreivpro · December 2014

yup. that's right. it's better to ask them directly if you doubts... basically, you just want to comply lang naman with their requirements and to save them the effort of reviewing your docs.

ava_garde06 · January 2015

HELP! So this is the new twist in our visa grant. Only my son was granted and CO says husband needs to apply for new since he was initially tagged as non migrating. Yun sa anak ko daw kasi automatic na kasi pinanganak sya after ko malodge yun visa. I did not pay xtra visa for them. I asked the officer why my husband was asked to submit docs and medical in the first place. That got us into thinking he'll be covered by the visa. Well, ahe can't do anything about it na daw since nafinalized na yun grant ko.

Mag explore na lang daw ako ibang visa option for him. Ang Plan-A namin is tourist visa. Para kami 3 mag arrive sa Oz. Kaso baka dina umabot dahil ang initial entry date ko with my son is Feb21.

Any of you who can suggest how to approach this? Ang tagal kasi ng interval ng updates nila. Kung di mo kukulitin ng follow up email di magbigay status. Now naipit na kasi sa time at option.

MSS · April 2016

@ava_garde06 hi. I think thos reply is a little bit late.but I have the same situation as yours. Yes,medical and police clearance are required for your husband even if he is not migrating with you...how is his application doing? What visa did you apply for him?

ava_garde06 · April 2016

Hello @MSS . More than a year na ako dito sa Sydney. Nauna ako sa hubby and son ko so I can settle down first. My hubby got his visa Jan2016. I filed for it last Mar2015. And now, both of them are ready to join me coming June2016.

MSS · April 2016

@ava_garde06 ang tagal ng processing ng hubby mo.may i know what visa did u apply for him?

ava_garde06 · April 2016

@MSS Spouse visa (Partner Migrant Subclass 100). Ako din nagtaka bakit ang tagal. nakita ko lang difference eh mga tiga Pinas embassy (outsourced??) unlike nun visa processing ko nun 2014 na tiga Brisbane or Adelaide yun mga Case Officers ko.