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Guest LynseyB

Statutory declarations

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Guest LynseyB

Hi,

My company won't give me an employment reference beyond the simple name and duration of employment according to their policy. However, in the overseas employment section of the 175 visa it asks for more information that that. I read that I could have a statutory declaration signed by a notary public/justice of the peace which is what I am going to do.

 

My question is does this have to be according to Australian law or can it be British/Scots Law? I have a feeling that if it needs to be Australian law that no-one will sign it in this country as it is not their jurisdiction.

 

Has anyone else submitted a statutory declaration successfully and under what law?

Would anyone by any chance have a copy of theirs that I could use as a guide?

 

Any help would be greatly appreciated. Thank you.

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Guest Pixie10

Hi Lynsey,

I've not been in your position but we did have to submit 2 statutory declarations with our visa- one stating we are defacto and the other regarding a change of name as a child. Neither have been questioned by CO. Both were British wording.

 

I would go ahead with British wording of stat dec (I have my one someone for the wording if you want?) and if CO needs more they will just ask but Im sure that will be enough.

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Guest LynseyB

Thanks for the advice. If it's not too much trouble to find it then a sample of the wording would be great.

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Hiya Lindsay

I done stat dec for my apprentiship as the firm had gone bust,i put as much detail as poss,tools used,bond used,materials used,type of brick,type of block,type of pointing,commercial/domestic build etc etc(i know!:dull:),so basically apply the same to your duties/occupation i'd say...........,OH btw i had to get a solicitor to witness it,only a tenner tho


"The problem with neo conservative capitalism and it's insatiable greed for more wealth and disparity amongst the populace,is that it ended up being the catalyst for the great depression and modern recession"

 

Me,tonight:wubclub:

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Guest LynseyB

Thanks. The GSM booklet only wants the 5 main duties listed but on second thoughts from your advice I suppose it won't hurt to add more detail.

I got quoted £15 but then I was told about going to a Justice of the Peace which is free (think only available in Scotland though). Thanks!

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Good luck Lynsey,hope it all works out:smile:


"The problem with neo conservative capitalism and it's insatiable greed for more wealth and disparity amongst the populace,is that it ended up being the catalyst for the great depression and modern recession"

 

Me,tonight:wubclub:

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i did a Stat Dec and it was an Australian one sent by the agents for me to fill in. i took it to the JP to sign and he said he wouldn't be comfortable signing an Australian one but a British one was no problem. so i just changed the bit at the top showing the declaration act of Australia to read "Statutory Declarations Act 1835." and that was fine. no questions asked.


Visa Granted 01 July 2010. Probably heading to Perth.

Me:-Helicopter Engineer Wife:-Consultant Oil Exploration Geologist

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this is from Scottish government website

 

 

I, [name, designation and residence of declarant] do solemnly and sincerely declare that

 

[content of declaration]

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

[signature of Declarant]

 

Declared at [place] this [date] day of [month] [year] before me

 

[signature of Councillor]

Member of a Local Authority

[Name of Council].

 

 

swap out councillor etc as necessary

 

i can PM you a copy of the one i sent.


Visa Granted 01 July 2010. Probably heading to Perth.

Me:-Helicopter Engineer Wife:-Consultant Oil Exploration Geologist

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I think it has to be the Australian Stat Dec to comply with their Act, otherwise they woudl be invalid. I downloaded the blank forms for people to fill in from IMMI website and as long as the signatories were equivalent to the people listed on the form (bank manager, solicitor, teacher, nurse etc) there wasn't a problem.

 

I think they need an Aussie stat dec so that if there is a problem or fraudulent information then they can prosecute under Australian law.

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Guest GeorgeD

Statutory Declarations should be made and witnessed in accordance with the laws of the country in which the declaration is made.

 

If for example, you used the Australian form for someone in the UK making a declaration which was then witnessed by a Pharmacist...the person making the declaration has no clue what the law is, the person witnessing it has no clue what the law or their requirements under that law are either...neither of them ever enter Australia, so any fruadulent statement cannot be punished as it was never a Statutory Declaration in the first place under the law of the land in which they live...as a Pharmacist can witness in Aus, but not in the UK.

 

As someone mentioned earlier...a UK JP wasn't willing to sign the form in accordance with Australian law as they have no idea what that law is...but they will sign based on the releveant English/Scots Law.

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Guest LynseyB

Thanks guys.think will just have to submit non oz one as won't get it signed otherwise.used template above and will hope for the best.cheers

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I think you will be absolutely fine - our stat decs were Aussie but that's because they were done over here by Aussies, if they are made in the UK I think they should be according to UK law.

 

Good luck!


applied for 309/100 19/1/10, 309 VISA GRANTED 28/4 - arrived Sydney 4/2/11, second stage visa app lodged Jan 2012, PR visa (100) GRANTED 7/6/12, now waiting for babywellie to come join us!:biggrin:

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