When a child under 18 years of age is included in, or is the primary applicant for, an Australian visa application, the Department of Home Affairs may need to be satisfied that the grant of the visa will not interfere with the rights of another person who has custody, guardianship, parental responsibility or access rights in relation to that child.
This requirement is commonly considered under Public Interest Criterion 4017, known as PIC 4017. It is particularly relevant in family, partner, child, student and humanitarian visa contexts where a minor child is migrating to Australia, or remaining in Australia, with only one parent or guardian.
What is PIC 4017?
PIC 4017 is a character and welfare related criterion that applies to visa applicants who are under the age of 18.
In broad terms, PIC 4017 exists to prevent a visa being granted in a way that removes a child from their home country, or relocates them within Australia, without the knowledge or agreement of everyone who has a legal say in where that child lives.
It is important to note that there is no provision to waive PIC 4017, even in compelling circumstances. The rationale is that the Department officer should not be involved in custody disputes.
This criterion is based solely on the age of the child (i.e. under 18). For any child 18 and above (counted from their birthday), this criterion does not apply.
When does PIC 4017 arise?
PIC 4017 may arise where:
- A child is applying for an Australian visa;
- A child is included as a dependent applicant in a parent’s visa application;
- One parent wishes to migrate with the child without the other parent;
- There are separated or divorced parents;
- There are parenting orders, overseas custody orders or informal parenting arrangements;
- The child’s other parent is overseas and not migrating;
- The child has a guardian or another person with legal rights in relation to them; or
- There is uncertainty about who has authority to consent to the child’s migration.
PIC 4017 can become a decisive issue. Even if all other visa criteria are met, a visa may be refused if the Department is not satisfied that the child’s relocation or visa grant is legally authorised.
How PIC 4017 can be satisfied?
Where a child is travelling with both parents, this is usually straightforward. A full birth certificate showing both parents is generally enough to establish that both have parental responsibility and that both are part of the application.
The test is not limited to parents named on a birth certificate. It extends to anyone who can lawfully determine where the child lives. Depending on the family’s circumstances and local law of the child’s home country, this can include a parent who is not migrating, a step-parent with parental responsibility, a legal guardian, or a person named in a custody or parenting order made by a court.
The harder cases arise where a child is travelling with only one parent, where the parents are separated or divorced, or where someone outside the immediate family unit, such as a grandparent or former partner, has a recognised custody or guardianship role. In each of these situations, the Department will expect evidence (i.e. signed Form 1229 or statutory declaration in lieu) that anyone else with a legal say in the child’s living arrangements either consents to the move or is not in a position to object because of a court order or the law of the home country.
To satisfy PIC 4017, applicants are commonly required to provide evidence showing that the child’s migration is permitted. Depending on the circumstances, this may include:
- Written consent from the non-migrating parent or guardian This is commonly provided using Form 1229 — Consent to grant an Australian visa to a child under the age of 18 years.
- Certified identification documents The consenting parent or guardian will usually need to provide proof of identity, such as a passport or national identity card.
- Birth certificate or parentage evidence This assists the Department to identify each parent and confirm the child’s legal relationships.
- Parenting orders or court orders Orders from the Federal Circuit and Family Court of Australia, or a recognised overseas court, may be relevant where they deal with parental responsibility, relocation, travel, or decision-making for the child.
- Evidence of sole parental responsibility Where one parent has sole parental responsibility, this should be clearly established by court order or equivalent legal documentation.
- Death certificate of a parent If one parent is deceased, a certified death certificate should be provided.
- Evidence of inability to obtain consent In some cases, evidence may be needed to explain why consent cannot be obtained, such as where a parent is missing, unknown, uncontactable, or has abandoned the child. The Department will usually require detailed supporting evidence.
- Overseas custody or guardianship documents If the child is subject to foreign custody or guardianship arrangements, properly certified and translated documents should be provided.
Form 1229
The standard way to demonstrate consent is Form 1229. Each person who holds parental responsibility for the child, other than the person lodging the application, completes and signs this form to confirm they agree to the child’s travel and to the visa being granted.
Where the family circumstances are complex, Form 1229 alone may not be sufficient.
Where consent genuinely cannot be obtained
Not every case allows for a signed form. A parent may be deceased, missing, unreachable, or unwilling to engage. In these situations, the alternative pathways in PIC 4017 become important. A court order that gives one parent sole parental responsibility, or that otherwise authorises the child’s relocation, can satisfy the criterion without the other parent’s signature. Similarly, where the home country’s own law permits the child’s removal without the other parent’s consent, evidence of that legal position can be put forward instead.
Where none of these apply cleanly, for example because a parent’s whereabouts are unknown, the practical approach is to document the steps taken to seek consent and the reasons it could not be obtained, and to be candid with the Department about the difficulty. Applicants should expect that the Department may still ask pointed questions before being satisfied, and should not assume that Form 1229 or a statutory declaration will be accepted in every circumstance if the underlying custody position is unclear.
When custody dispute is involved
Where a custody dispute is ongoing, or a parenting order is under appeal, it is worth considering the issue of timing. A visa decision made while custody arrangements remain unsettled can create real difficulties later, and the Department will often want to see that any child order is final rather than interim before it is comfortable relying on it. The child order can be issued by an Australian or overseas court. In case of a conflicts between two or more jurisdictions (i.e. Australian and other(s) jurisdiction(s)), the Australian position will prevail in consideration of PIC 4017.
Key takeaways
PIC 4017 applies to any visa applicant under 18 and can be satisfied in one of three ways: permission under home country law, consent from everyone with parental responsibility, or consistency with an Australian child order.
PIC 4017 is a critical issue in visa applications involving children under 18. It is not merely an administrative formality. The Department must be satisfied that granting the child a visa is consistent with the rights of any person who has parental, custodial, guardianship or access rights.
Early identification of PIC 4017 issues can prevent delay, requests for further information, and potential visa refusal. Where there are separated parents, overseas orders, disputed consent, or family law complications, the visa application should be supported by clear evidence and carefully drafted submissions.
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General information only. Immigration requirements are subject to change and should be checked against the current legislation, policy and Departmental guidance at the time of application.