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Guest mrwooks

Statutory Declarations

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Guest mrwooks

Hi tgis has probably been asked before, but cant find the inormation I need. Im British and my wife is australian, we are in the Uk and starting to gather info to apply for a visa. Is there sucha thing as aq standard form for a statutory declaration ie a form you can download and tailor to suit your own needs??? Or are there just paragraphs that you need to add by law.

 

Number two what are the experiences of people in this situation with regard to using a migration agency or going it alone????

 

Any help would be very much appreciated

 

thanks

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I'm in exactly the same situation as you. I'm using a migration agent, mainly because I er have a colourful past and fibbed about it on the landing card on my two trips to Oz. I've been with my partner since 2001 and we have a son as well as a lot of evidence - we were advised not to bother with stat decs, that letters "to whom it may concern" from those that we asked to make statements about our relationships.

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Hi tgis has probably been asked before, but cant find the inormation I need. Im British and my wife is australian, we are in the Uk and starting to gather info to apply for a visa. Is there sucha thing as aq standard form for a statutory declaration ie a form you can download and tailor to suit your own needs??? Or are there just paragraphs that you need to add by law.

 

Number two what are the experiences of people in this situation with regard to using a migration agency or going it alone????

 

Any help would be very much appreciated

 

thanks

Hi Mrwooks

 

Form 888 on the immi.gov.au

website is the correct for for these - although you can do it on blank paper.

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Guest mrwooks

This is what i wasnt sure about. As I am in the UK although I am applying for a visa to australia, is the australian stat dec valid if I am applying in the uk and technically under uk law at the time of writing the nat dec???? Want to get this right first time

 

thanks

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What is it you want to statuatory declare?

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Yes - that is what I did and no questions came back on it - the guidance notes on the website are pretty good - only thing is that there is a bit more to character checks than is covered...

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Guest mrwooks

Yes this is what im worried about as I have a criminal record, thanks for your help

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In my case, my criminal record comes from the early nineties. I was asked (by my agent) to do a Subject Access Request from my local police force which listed the lot in black and white. I was also asked to write a statement describing the circumstances that led me to get a criminal record (led astray, peer pressure etc), how sorry I am and how I'm now an upstanding citizen. As well as this asked three people that know me socially/professionally to give character references about me - these were in the form of "to whom it may concern" letters, signed and dated. He did not ask me to get these statuatory declared.

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Guest mrwooks

From reading the guidance notes i need to statutory declare:

 

Pepole who know as, as I only know my partners mother who is australian.

A detailed description of our relationship

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I don't know your exact circumstances, but as I say, I was advised that if you have strong evidence of your relationship (in my case we can show our relationship goes back nearly a decade) there is less of a need to supply statuatory declarations as your proof.

 

It may be worth you speaking to an agent, they all seem to give 20 minutes advice for free.

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Guest mrwooks

ok its sounding better! At what point did they ask you for this info, was it after the application had been lodged??thanks for the help

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this was before the application was lodged (We're still gathering it together now). I don't want to give you duff information, but as I say - none of the character references, or statements have been witnessed or certified, only the evidence that I photocopied before sending. That said, I guess he could still send me away to get everything witnessed.

 

re-reading the partner migration guide (http://www.immi.gov.au/allforms/booklets/1127.pdf) it says:

 

Statutory declarations

When assessing a Partner visa application, the department is required to consider the social aspects of the claimed relationship. Statements from persons who know you and your sponsor may be provided to support your claims.

 

Note: Prospective Marriage visa applicants are also required to provide similar statements from persons who can support their claims of their fiancé(e) relationship and its development (see page 30 for details about the documents to

be provided by Prospective Marriage visa applicants).

 

It is the department’s policy that at least 2 people aged 18 years or over, who know both you and your partner and who are Australian citizens or Australian permanent residents, each complete a statutory declaration about you and your partner’s relationship. For this purpose, form 888 Statutory declaration by a supporting witness relating to a partner visa application is available from department’s website Applications and Forms - Visas & Immigration, from any office of the department or Australian mission.

 

In addition, you should provide with your application proof that your supporting witnesses are Australian citizens or Australian permanent residents. The evidence you provide must show the current name of the person making the declaration.

 

If you are outside Australia and are unable to get an Australian citizen or Australian permanent resident to complete a statutory declaration in support of your relationship with your partner, you may obtain statements from people who know you and your sponsor. Such statements are not statutory declarations under Australian law. However, in accordance with policy, they should be witnessed or certified according to the legal practices of the relevant country. Failing that, they should be witnessed by a person whose occupation or qualification is comparable to a person included in the prescribed persons list on page 26. This person should sign, date and specify their occupation or qualification at the bottom of the statement.

 

You should confirm the requirements with the nearest Australian mission overseas when you lodge your application. Contact details for Australian missions are available from the department’s website Contact Us - Department of Immigration and Citizenship

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Mrwooks

 

I think that the statuatory declarations do have to be witnessed and I think a copy of the authors passport page also has to be sent. We did that and didn't get any questions back on them.

 

Whoever gave you the advice to phone a migration agent I think gives sound advice - I may even try 2 or 3 especially if you have a criminal record (it may count in your favour given Australia's history... ha ha). I recommendation would be to send in as much as possible up front. Looking on this forum that seems to be the quickest way to do it.

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