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De Facto Statutory Declarations

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Hi all 1st post,

 

I'm just in the process of finishing off collecting all the evidence for me and my partners relationship. Just need some advise on providing a Detailed Statutory Declations of our relationship, my questions are:

 

What information is required?

Is the statements just from me and my partner?

Do we need any witnesses to sign?

 

Any info would be great

 

Cheers

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Statutory declarations

When assessing a Partner visa application, the department is required to consider:

 

• statements from you and your sponsor regarding the history of your partner relationship; and

• the social aspects of your relationship derived from, amongst other evidence, statements to support your claims from persons who know you and your partner.

 

The department prefers that these statements not be duplicates of each other, ie. formulaic, but should be written in each declarant’s own words. Otherwise, the department may request that you provide new statements.

Statements about the history of your relationship

The statements written by you and your partner in support of your Partner visa application can be on ordinary writing paper or a statutory declaration form may be used.

 

Blank Australian statutory declaration templates are available from the Attorney-General’s Department website Statutory declarations Details of what is required in these statements can be found under ‘History of your relationship’ on page 40.

 

Statements from persons who know you and your partner It is the department’s policy that these statements provided about you and your partner should be in the form of a statutory declaration. The persons making these declarations must be:

• aged 18 years or over; and

• either an Australian citizen or an Australian permanent resident.

 

You must also supply with these statements proof that your supporting witnesses are Australian citizens or Australian permanent residents. While it is not mandatory, for this purpose, form 888 Statutory declaration by a supporting witness relating to a partner visa application is available from the department’s website www.immi.gov.au/allforms/pdf/888.pdf or from any office of the department or Australian mission.

 

If you are outside Australia

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 28. 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 http://www.immi.gov.au/contacts/

 

 

You should also read this document in full (several times!) :: 1127.pdf (application/pdf Object)

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Guest gf2048

Hi Peach and co.

 

I've read the details in the Partner Migration booklet (posted by Peach above) but it's still unclear to me whether the personal statements that my partner and I write have to be witnessed. We've got the stat decs done by friends in Oz, but we're both in the UK - who would witness our statements, if this is even necessary?!!

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You dont have to get the joint statement signed by a witness . just you and your partner sign it. Thats what we done .

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I as I understand it "officially" you are supposed to get a solicitor, Justice of the peace or similar to witness your personal statements. But - due to the duration of my relationship with my partner and the other hard evidences we could supply - we were not relying on the statements as legal evidence, so on the advice of our agent didn't get them witnessed. It was never questioned and I was given my visa.

 

What I'm saying is: if you're an established couple with plenty of financial and legal evidence of your relationship which extends back well past the one year living together requirement then you can get away with not getting them witnessed.

 

If on the other hand you've been together for 12 months and a day, don't have a joint bank account and are relying on holiday photos and Skype logs to get you through, it is critical that you do everything by the book and get them witnessed.

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Guest gf2048

Thanks for the speedy responses!

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We ended up not needing to provide any declarations as for a 457 visa which we got we only needed to provide evidence for living together for past 6 months, plus i included airline receipts for us going on holidays plus hotel bills.

good luck!!

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