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Stat Dec 888 question


purpledonna

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I am not so sure about that. Per my understanding, all Australian citizens and PRs need to use Form 888, as it is a legally binding document for Aussies. This is regardless of where the application is lodged. Only non-Aussie citizens/PRs are meant to submit generic statements, as the statements they submit cannot be treated as statutory declarations under Australian law.

 

That was my understanding too for the Partner Visa stat decs. I seem to remember they are also required to include certified copies of their Citizenship with form 888.

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We didn't bother getting my Aussie mum-in-law to use the stat dec form (the only Ausse that did one for us), nor did we bother to get any of the stat decs/personal statements certified. This was on the advice of our agent (Go Matilda) who told us that it wasn't necessary as we weren't relying on the stat decs as primary evidence (i.e. we had other legal documents, a long history, a child etc to confirm our relationship etc) so it didn't matter if they were certified or not.

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Sorry, deleted my previous post as I've subsequently realised that I was incorrect.

 

Peach's advice is the right one. No need Form 888 if lodging outside Australia.

 

Per the Embassy of Australia in the US:

DIAC_InfoSheet - Embassy of Australia

Form 888 is intended for use in Australia and if you are obtaining a Statutory Declaration from someone in Australia supporting your claims of a genuine and ongoing partner relationship then this is an appropriate form to use. The form should be witnessed by a Justice of the Peace or other authorised person.

If you are obtaining a statement from family and friends in the USA or elsewhere in the world, excluding Australia, there is no special format that you are required to use. Some people do use form 888 although it is not strictly designed for use outside Australia. Whatever format the declaration is in, it must be witnessed by a person authorised to certify a document in the USA, such as a notary public.

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