How to Write a Statutory Declaration (Stat Dec) for Partner Visa?
When applying for a Partner visa, one necessary visa requirement for applicants to meet is to prove their relationship is genuine and continuing with substantial evidence. This is especially important for applicants who are not holding a substantive visa and are affected by the Section 48 bar. One of the most mandatory documents you must prepare is a completed statutory declaration form completed by two family members or friends (not the sponsor) who are Australian citizens, permanent residents (PR), or eligible New Zealand citizens.
What Is a Statutory Declaration for a Partner Visa?
A statutory declaration is a formal statement in which you declare information to be true and accurate. For complex Partner visa applications (subclass 820, 801, 309, 100 and 300), especially when the Section 48 bar applies, it is one of the key documents the Department of Home Affairs (DoHA) uses to assess the genuineness of your ongoing relationship. For any straightforward Partner visa application, it is optional to complete a statutory declaration form.
Each statutory declaration must be signed in front of an approved witness. Making false or misleading statements can have serious legal consequences, including visa refusal due to PIC4020.
PDF link: Commonwealth Statutory Declaration PDF form
What to Include in the Statutory Declaration Partner Visa?
If you are one of the friends and/or family members of the couple, you must be wondering how to put together a well-structured statutory declaration.
To be effective, it would be beneficial if the statutory declaration addresses all aspects of the applicant's relationship following the four pillars criteria. The main point is to cover the reasons you think the couple’s relationship is ongoing and genuine.
Additionally, you can now also complete the statutory declaration digitally through myGov.
How to Write a Quality Statutory Declaration?
Consider that the statutory declaration is akin to a personal statement.
Use simple language and avoid unnecessary jargon, so it is easy to understand.
Each family member and/or friend must write from their own perspective, as they have to submit their own declaration.
Be consistent with the details provided, so it aligns with the visa application and supporting evidence.
Always double-check and submit once; make sure to review your draft for clarity and accuracy.
Who Can Witness a Statutory Declaration?
The declaration must be signed in front of an approved witness. In Australia, this may include:
Lawyers, migration agents, or Justices of the Peace
Medical practitioners, nurses, pharmacists or teachers
Accountants, engineers, or police officers
Members of Parliament, ministers of religion, or Australian Post officers
If you are overseas, you must seek an appropriate approved witness to sign the statutory declaration.
Who Cannot Witness a Statutory Declaration?
You cannot witness your own statutory declaration, even if you are an approved witness. If an individual who was an approved witness but has now retired or changed occupation, who is not in the list of approved witnesses, they are also not eligible to witness a statutory declaration.
FAQs About Statutory Declarations for Partner Visas
Can we prepare a joint declaration?
No. Each person must prepare and sign their own statutory declaration.
Should the declarations be identical?
No. While some overlap is expected, each declaration should reflect the individual perspective and experiences.
Related:
How Can Agape Henry Crux Assist
If you are unsure how to prepare a statutory declaration or want expert assistance, it is best to seek advice from an experienced immigration lawyer. The team is determined to assist in ensuring your Partner visa application meets all requirements to meet your objective. Our team works closely with two of our Accredited Specialists in Immigration Law – Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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