Form 1195 Occupation Equivalence

[rs2387]

Hi Everyone,

I'm applying for Australian Citizenship by descent on behalf of my young son (2 years old) from the UK. 

I have a quick question about Form 1195. Does anyone know if the occupation of the person making the identity declaration has to be strictly as written in the list, or whether an equivalent for the country of residence you are applying from is acceptable?

For example: 24. Member of the Institute of Chartered Accountants in Australia

Would a Chartered Accountant of England and Wales be acceptable if applying from the UK?

Thank you

[wrussell]

Yes!

When all else fails, read the instructions.

Edited March 18, 2021 by wrussell

[rs2387]

Thank you very much for your reply Westly. I've read the Form 1195 instructions several times now and couldn't see this mentioned anywhere. It is clear that the person making the identity declaration can be a citizen from your country of residence (if you are applying from outside Australia and do not know an Australian citizen). However, I cannot see anywhere that mentions that the occupation of the person can be the 'equivalent' in your country of residence. All I see is "is currently working in a profession or occupation listed on pages 1–2", where several of these professions are very specific to Australia (eg: Chartered Accountants in Australia, employee of the Australian Postal Corporation etc). It's quite likely that I have missed this point in the instructions; could you please quote the text in the instructions that suggests an equivalent occupation is acceptable?

[wrussell]

If you are applying from outside Australia and do not know an Australian citizen, Questions 2 and 3 can be completed, and the photograph endorsed and signed by a citizen of your country of residence who has known you for at least one year, is currently working in a profession or occupation listed on pages 1–2, and is not related to you by birth, marriage or de facto relationship

[wrussell]

For children under 6 years of age, Questions 2 and 3 can be completed by an Australian citizen (or citizen of the child’s country of residence if applying from outside Australia) who has known the child for less than 12 months, is currently working in a profession or occupation listed on pages 1–2, and is not related by birth, marriage or de facto relationship

[rs2387]

Unless I am misunderstanding: our accountant who is a Charted Accountant of England and Wales is not suitable because this occupation is not on the list; the closest is "Member of the Institute of Chartered Accountants in Australia" (a body of which they are not a member).

Thank you very much for taking the time to respond to my queries.

[bowbow]

To be fair the instructions aren't very clear on this particular point - I wasn't sure myself.  I ended up using an English-qualified lawyer friend of mine as the 1195 form just says "Legal practitioner" rather than "Legal practitioner admitted in Australia" (or similar - as is the case for accountants).  The problem is that the form refers to "profession or occupation" but is then is actually quite a bit more prescriptive than that in some cases.  But wrussell is a Registered Migration Agent and has said it's fine, so if I were you I'd just go with it!