# Help required for Child Visa 101



## dasskhands (Sep 25, 2013)

Hi, 

I and my husband hold a PR for Australia. We are in the process of applying Child visa 101 for our baby. While filling out Form 40CH and 47CH, I have some doubts. 

FORM 40CH

1. Do we need to give a separate undertaking to provide support to child other than filling Part O (Your sponsorship undertaking) of the form 40ch?
2 Since we are moving as family, I don't think we need to provide form 1229 or any statutory declaration. Is that correct?
3. For Permanent resident of Australia, we need to provide proof of length of residence. We have been to Australia just for thr purpose of validating our visa. Will that be enough giving the passport page with stamp of arrival and departure from Australia. 
4. Q20 - If your residential address is not in Australia, please attach a statement outlining how you will meet your sponsorship obligations (see Part N).
Since our residential address is of our home country, what kind of statement do I need to prove this point? Both of us (I and my husband) will quit our jobs in India 
and will work in Australia. But initially we will be unemployed upon arrival. 
5. Type of dwelling - Do they need information about house we live in in our home country? Since we have not moved to Australia yet, obviously we have not decided on any rental accommodation yet. 
6. Do we also need to give proof of our financial status in home country other than proof of income like bank statement or property papers?

FORM 47CH. 

Q23 - What is the value of money, goods and assets which the child intends to bring to Australia? 
Sicne the applicant is an infant, do we still need to provide this information?

Please help... 

Regards
Dasskhands


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## dasskhands (Sep 25, 2013)

Can someone please respond to my queries? Its urgent. 

Thanks
Dasskhands


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## auzee_bujji (Jan 25, 2012)

dasskhands said:


> Can someone please respond to my queries? Its urgent.
> 
> Thanks
> Dasskhands


Hi dasskhands - I too have same questions, did you find answers?


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## itsmesoham (Dec 9, 2014)

Hi All,

I have similar queries. Did any of you get response?

Thankks


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## TheExpatriate (Feb 7, 2014)

dasskhands said:


> Hi,
> 
> I and my husband hold a PR for Australia. We are in the process of applying Child visa 101 for our baby. While filling out Form 40CH and 47CH, I have some doubts.
> 
> ...



1- Only if you are asked to

2- 1229 is required only if one parent is moving and the other isn't (or one parent is PR, and the other is a non-visa holder)

3- I did not get the question

4- mention your plans clearly and honestly

5- mention your tentative plan for housing in Australia (rent/buy, apartment/house ...etc.)

6- If requested

Q 23 : N/A


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## itsmesoham (Dec 9, 2014)

Thanks TheExpatriate for the prompt reply. It was really helpful.

I also below queries: 
Query 1) Question 18, Form 40CH ,"Do you have the sole legal right to determine where the child shall live or to permanently remove the child from their home country?"
I am opting for YES and then I need to attach a certified copy of court order document. 
I am not clear as to what document needs to be produced for the same.

Query 2) In question 50, Form 40 CH. Does your partner have any dependent children or dependent relatives(in and outside of australia)? Do I need to mention details of my child as he is dependent on my partner i.e wife.

Query 3) Regarding dwelling plan as you have replied above, tell your tentative plans. What if I leave that dwelling part blank and give explanation in an additional attached sheet that I am still in India and so do not have any address for Australia. Will that work?

Thanks.


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## TheExpatriate (Feb 7, 2014)

itsmesoham said:


> Thanks TheExpatriate for the prompt reply. It was really helpful.
> 
> I also below queries:
> Query 1) Question 18, Form 40CH ,"Do you have the sole legal right to determine where the child shall live or to permanently remove the child from their home country?"
> ...



1- you do not, because your wife shares that right with you, this is why you need to answer no

2- no, this is only if she has children that aren't yours

3- no idea to be honest


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## itsmesoham (Dec 9, 2014)

Thx for the prompt reply. I am moving ahead in filling up my form with help of your replies
So as per your suggestion for Quest 18, Form 40 CH, I should go for NO option. The do I need to fill 1229 form? or it is for non accompanying parent only. In my case both will be travelling with the child. 

Just for your quick ref. first few lines of form 1229 read as below:

_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_


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## TheExpatriate (Feb 7, 2014)

1229 is for the non accompanying parent to sign. If the child is going with both parents then it is not required


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## allisgreat (Aug 11, 2012)

for query 1
Selected NO for the “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 provided 1229 signed by both parents; however I was asked by CO to provide a Statutory Declaration from my spouse…
following is the sample SD i made...
I xxxxxxxxx (Passport No: xxxxxx,) born xxxx and currently residing at xxxxxxxx. Do solemnly swear the following statement to be true and correct

I xxxxxxx am the biological mother of xxxxxxx (Passport No, xxxxx) born on xxxxx in xxxx.
My husband xxxxxx (Passport No: xxx) who is the biological father of xxxxxx is sponsoring Child Visa 101(Offshore Visa AH) for our daughter xxxxxx.
I give my permission for xxxxxx to migrate to Australia.

I am aware that xxxxx will be migrating to Australia and will reside in Australia for the foreseeable future.

I do solemnly declare that the information provided is complete and correct in every detail.

I make the solemn declaration by virtue of the Oaths and Declaration act (xxxx and subject to the penalties provided by the act for making of false statements in statutory declarations, conscientiously believing the statement contained in the declaration to be true in every particular.


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## itsmesoham (Dec 9, 2014)

Thanks all for your replies. The statuatory declaration format waa really very helpful.
I have few more queries, if anyone could answer:
1) form 40ch, question 18, with NO option, there is a field which asks " Nature of legal right". What should i mention here as a father of child?
2) form 40ch, Quest 20, can anyone please provide more clarification on a note "if your residential address is not in australia, please attach a statement outlining how will you meet your sponssoship obligations in part O" . As to what needs to be mentioned


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## itsmesoham (Dec 9, 2014)

Hi All,

Can anyone, answer these queries above? Any help will be solicited. Thanks


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## euglena (Jun 8, 2013)

Hi dasskhands,

Where you able to get your child visa 101 processed ( 40 and 47 CH). Let me know if you had any issues applying the visa from India. I am on the same stage planning to apply for 101 from india for my new born kids, I will be relocating on PR to Adelaide Feb '15.


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## A-A (Apr 27, 2015)

TheExpatriate said:


> 1229 is for the non accompanying parent to sign. If the child is going with both parents then it is not required


Hi,

I am applying 101 visa for my newly born child. I have few queries.

FORM 47 CH
Q 32: Has the child, or any members of their family unit (migrating with the child
or not) previously been to Australia, held or currently hold a visa for travel to,
or stay in, Australia?
What Is the visa number? Where can I find the VISA number?
I haven't given first entry so don’t have any dates to travel yet what to write in date of arrival and date of
departure?
Q 57 AUSTRALIAN VALUES STATEMENT.
Who all should sign this?
Q 58 BIOMETRICS DECLARATION AND CONSENT
Should all the family members sign on these sections?

FORM 40CH
Q 6 What is your citizenship/residence status in Australia?
I have got PR but did not give first entry yet. What should I write in date of entry as I
have not yet visited Australia? And there is no travel proof.

Q 18 Do you have the sole legal right to determine where the child shall live or to
permanently remove the child from their home country?
Should I answer yes or should I answer no and mention mother also?

Q 31 Do you have any other children or relatives (in and outside of Australia) who are
dependent on you?
Should I mention my parents here? There was nothing such when I applied for my visa.


A swift response to these queries will be highly appreciated. Thanks.
A-A


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## SADEEL (Oct 27, 2014)

itsmesoham said:


> Thanks all for your replies. The statuatory declaration format waa really very helpful.
> I have few more queries, if anyone could answer:
> 1) form 40ch, question 18, with NO option, there is a field which asks " Nature of legal right". What should i mention here as a father of child?
> 2) form 40ch, Quest 20, can anyone please provide more clarification on a note "if your residential address is not in australia, please attach a statement outlining how will you meet your sponssoship obligations in part O" . As to what needs to be mentioned


Hi,

I am filing child visa 101 and need help for below questions

Form 40CH:
-------------

Q18. Do you have the sole legal right to determine where the child shall live or to permanently remove the child from their home country?

IF NO option, there is a field which asks " Nature of legal right". What should i mention here as a father & mother of child?

IF YES, Attach a certified copy of the court order giving you sole legal right to determine where the child shall live or the right to permanently remove the child from the country

As I am a father and migrating with wife and child, then should I select NO and provide form 1229 or should I select Yes but what court document should I provide


Awaiting reply

Regards,
Sadeel


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## mavericko_20 (Sep 22, 2016)

SADEEL said:


> Hi,
> 
> I am filing child visa 101 and need help for below questions
> 
> ...


Hi.. 
Have you applied for Child Visa?

I am about to start and have lot of queries regarding form 40CH and other documents.
Pls PM me your contact details if okay with you.

Would like to speak at your convenient time.


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## NMExpat (Apr 6, 2018)

mavericko_20 said:


> Hi..
> Have you applied for Child Visa?
> 
> I am about to start and have lot of queries regarding form 40CH and other documents.
> ...


Hi Mavericko,

I see that you are now an expat to Australia.
I have the same doubts that you had earlier.
Is it possible to speak to you at your convenient time ?
Appreciate your help !


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## NMExpat (Apr 6, 2018)

dasskhands said:


> Hi,
> 
> I and my husband hold a PR for Australia. We are in the process of applying Child visa 101 for our baby. While filling out Form 40CH and 47CH, I have some doubts.
> 
> ...


hi Dasskhands,

I have the same questions.
Particularly 40CH - Q4, Q5 (from above list)

and 47CH - Q22 - If applying from outside Australia:
Where does the child intend to live in Australia?
We haven't decided on where we will go yet.


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## NMExpat (Apr 6, 2018)

NMExpat said:


> hi Dasskhands,
> 
> I have the same questions.
> Particularly 40CH - Q4, Q5 (from above list)
> ...


Dasskhands - Is it possible to speak on phone or through email ?
I can write my queries to you and maybe you can respond.

Looking forward to your reply.


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