Free Australia Statutory Declaration Partner Visa Form in PDF

Instructions on Writing Australia Statutory Declaration Partner Visa

Filling out the Australia Statutory Declaration Partner Visa form is a critical step in the process for those seeking to sponsor their partner’s visa application. This document is a formal statement of your relationship, demonstrating your commitment and the genuine nature of your partnership. It requires careful attention to detail and accuracy to ensure it meets all legal requirements. Following the steps below will guide you through completing this form correctly.

1. Start by inserting your full name, address, and occupation where indicated. Ensure that the address used is one through which you can be contacted, excluding email addresses.
2. Enter the full name of your partner in the designated spaces, accurately reflecting the information as per legal documents.
3. Choose the appropriate description of your relationship (husband and wife, de facto partner, or interdependent partner) and delete the inapplicable options.
4. Specify the year your spousal relationship commenced and the duration of your cohabitation in months or years.
5. Detail your financial commitments, such as joint bank accounts, ownership of property, and how you manage household expenses together.
6. Describe the nature of your household, including responsibilities for children, living arrangements, and division of housework.
7. Explain the social aspects of your relationship including shared activities, events, and travels that demonstrate your commitment to each other.
8. Discuss the emotional and long-term aspects of your commitment, emphasizing companionship, support, and future plans together.
9. Sign the declaration, acknowledging the seriousness of making a statutory declaration and your understanding that providing false statements is an offence.
10. Complete the form by filling out the location, date, and having the declaration witnessed and signed by an authorised individual. This person must be listed in the provided categories, such as a medical practitioner, legal practitioner, or police officer, among others. Their full name, qualifications, and address must be clearly printed.

This form, once completed, is a formal declaration of the authenticity and commitment of your relationship. It is a crucial part of supporting your partner’s visa application and must be filled with the utmost care to ensure accuracy and compliance with legal standards. Remember, the information you provide must reflect the truth of your relationship, as making a false declaration carries severe penalties.

What is a Statutory Declaration for a Partner Visa in Australia?

A Statutory Declaration for a Partner Visa in Australia is a legal document that individuals sponsor their partners for a visa must complete. It declares the authenticity of their relationship under the Statutory Declarations Act 1959. This declaration requires the sponsor to provide comprehensive details about their relationship, including mutual commitment, financial aspects, household nature, social activities, and the extent of their emotional support to one another.

Who can witness a Statutory Declaration for a Partner Visa in Australia?

Various professionals and officials can witness a Statutory Declaration for a Partner Visa in Australia. These include licensed or registered individuals such as medical practitioners, legal practitioners, pharmacists, and nurses among others, along with designated officers like Justices of the Peace, police officers, bank officers with 5 or more years of service, and employees of the Australian Postal Corporation with 5 or more years of service.

What are the key sections that need to be completed in the Statutory Declaration?

The statutory declaration for a Partner Visa requires the sponsor to complete several key sections: personal details of both the sponsor and the partner, the nature of their relationship, financial commitments, nature of the household, social aspects, and the commitment level to each other, alongside the declaration's date and place, and signatures of both the person making the declaration and the witness.

Can filling out the Statutory Declaration form incorrectly affect my Partner Visa application?

Yes, inaccurately completing the Statutory Declaration form can adversely affect your Partner Visa application. Given that it's a legal document, providing false or misleading information can lead to penalties, including visa refusal or cancellation, and in severe cases, imprisonment for up to 4 years as per the Statutory Declarations Act 1959.

What happens if our living situations change after submitting the Statutory Declaration?

If there are significant changes to your living situation or relationship after submitting the Statutory Declaration, it’s crucial to inform the Department of Home Affairs as soon as possible. The department considers the genuineness and continuity of the relationship throughout the visa processing period, so keeping them updated helps maintain the integrity of your application.

Does every sponsor need to complete a Statutory Declaration for a Partner Visa application?

Yes, every sponsor applying for a Partner Visa in Australia is required to complete a Statutory Declaration. This document is vital in proving the legitimacy of the relationship to the Department of Home Affairs, detailing the history and ongoing nature of the partnership.

What are the consequences of making a false statement in a Statutory Declaration?

Making a false statement in a Statutory Declaration is considered a serious offense under section 11 of the Statutory Declarations Act 1959. It can result in penalties, including imprisonment for up to 4 years. The requirement for truthfulness ensures that all information provided in support of a Partner Visa application is accurate and factual.

Can the Statutory Declaration be made before any legal practitioner?

The Statutory Declaration can be made before any legal practitioner who is enrolled on the roll of the Supreme Court of a State or Territory or the High Court of Australia. Additionally, it can be made in front of various other authorized witnesses as outlined in the Statutory Declarations Act 1959, ensuring accessibility for individuals across different regions.

Filling out the Australia Statutory Declaration Partner Visa form requires attention to detail and complete honesty. However, people often make mistakes that can delay or negatively affect their application. One common mistake is not providing the full and correct names, addresses, and occupations as required at the beginning of the form. This basic information is crucial for identification purposes and any inaccuracies can cause confusion or suspicion regarding the authenticity of the declaration.

Another frequent oversight is the failure to adequately detail the nature of the relationship. The form explicitly asks for a description of the mutual commitment, the genuineness and continuity of the relationship, financial commitments, household nature, social aspects, and the nature of commitment to each other. Applicants sometimes provide vague or insufficient information, which fails to convey the depth and reality of their partnership, leading to doubts about the relationship's authenticity.

Rushing through the form without carefully deleting inapplicable sections or failing to insert crucial dates and numbers is another common mistake. For example, when declaring the relationship status or the year it commenced, inaccuracies or omissions can significantly weaken the application. It's essential to review every section carefully and provide accurate, relevant information to support the claim of a genuine and continuing relationship.

Many individuals also neglect the need to describe their financial interdependence and arrangements in detail. Simply stating that you have joint bank accounts or share expenses without further explanation or examples can be insufficient. Illustrating how finances are pooled and managed can provide compelling evidence of a genuine partnership.

The description of the household and social aspects often lacks depth. Applicants might list living arrangements or mention occasional social outings without illustrating the daily life and shared experiences that build a partnership. Details about how responsibilities are divided, shared interests, and mutual support in everyday life can significantly strengthen the declaration.

A crucial mistake made by applicants is underestimating the importance of the declaration’s concluding statement, where they affirm their belief in the truthfulness of their statements under the penalty of making a false declaration. It’s not just a formality; it’s a legal oath that all the provided information is accurate and true to the best of their knowledge. Overlooking the seriousness of this section can have legal implications.

When it comes to the signature and declaration before an authorized witness, some applicants either forget to sign, use a signature that does not match their official documents, or fail to complete the declaration in front of a person authorized under the Statutory Declarations Act 1959. This procedural oversight can invalidate the entire declaration.

Lastly, not properly indicating the place and date of the declaration is a minor but significant administrative mistake. This information establishes the context and timeframe of the declaration, and its absence can render the document incomplete or invalid for lacking essential formalities.

Applying for a partner visa in Australia is a comprehensive process, which requires various forms and documents besides the Statutory Declaration Partner Visa Form. These additional documents are crucial as they help the Department of Home Affairs to assess the genuineness and continuity of the relationship. Below is a list of other documents that are often required in the visa application process.

• Birth Certificate: This document verifies the applicant's date and place of birth, and sometimes the parents' names, depending on the country of issuance.
• Passport Biopage: A copy of the biographical page of the applicant’s current passport verifies their identity and nationality.
• Marriage Certificate: For those applying as a spouse, a marriage certificate is a requisite to prove the legal status of the relationship.
• Evidence of Joint Financial Responsibilities: Documents such as joint bank account statements, shared lease or mortgage agreements demonstrate financial cohabitation and mutual support between partners.
• Form 888 Statutory declarations by witnesses: Declarations from friends or family members that attest to the genuine and continuing nature of the couple's relationship.
• Photographs: Collected photos that show the couple together in various situations and over time can help to prove the genuine nature of the relationship.
• Social Aspect Evidence: Evidence like joint invitations, evidence of shared travels, social media interactions, and other documents showing the couple is socially recognized as being in a relationship.
• Evidence of Communication: This can include call logs, chat histories, emails, and letters that show ongoing communication between the partners, especially important during periods of separation.

Each of these documents plays a vital role in building a convincing case for the grant of a partner visa. It's important for applicants to ensure that all the documents are in order, up-to-date, and as detailed as possible. This contributes significantly to a smoother processing of their application and facilitates a positive outcome. As always, seek accurate and current information, possibly consult with a legal advisor, to ensure compliance with the latest requirements of the Department of Home Affairs.

The Australia Statutory Declaration Partner Visa form shares similarities with the United States’ Affidavit of Support form used in immigration proceedings. Both documents require the sponsor to declare their financial capability to support the visa applicant, ensuring the immigrant will not rely on public benefits. They involve stating personal details, the nature of the relationship, and financial commitments, demonstrating a formal and legal promise to support the partner, under penalty of perjury.

Another document similar to the Australia Statutory Declaration Partner Visa form is the Marriage Affidavit. This document is often used to attest to the legality of a marriage, including the couple’s mutual commitment and shared life to the exclusion of all others. Like the partner visa form, it requires detailed personal information and a declaration of the nature of the relationship, signed before an authorized person.

The Common-Law Partner Agreement, recognized in various jurisdictions, also mirrors the Partner Visa form’s purpose. It outlines the shared financial responsibilities and household arrangements between partners not formally married but living together in a committed relationship. This agreement emphasizes the seriousness of their commitment, comparable to the declarations made in the partner visa form about shared financial commitments and household responsibilities.

The Cohabitation Agreement is another document that parallels the Australia Statutory Declaration Partner Visa form, particularly in its detailing of living arrangements and shared responsibilities. Although typically used by couples who live together without a formal marriage, it similarly requires declarations about financial interdependence and household management, underscoring the partners' commitment to a shared life.

The Prenuptial Agreement, while often associated with the division of assets in the event of a separation, shares common elements with the partner visa declaration regarding the financial aspects of the relationship. Both documents necessitate a clear outline of how financial resources are pooled and managed, highlighting the couple's mutual commitments and plans for their shared future.

A Joint Tenancy Agreement, commonly used when two or more people share ownership of a property, also contains elements found in the partner visa declaration. It involves declaring the nature of ownership and financial commitments toward shared property, mirroring the visa form’s section on ownership of major assets and joint financial resources.

Lastly, the Family Trust Deed, which sets out the management of a family’s assets and financial affairs, can be related to the partner visa form in its emphasis on financial arrangements and the welfare of family members. While it mainly focuses on property and asset management within a family, it similarly requires detailed financial information and planning, akin to what couples must declare about their shared financial responsibilities in the partner visa form.

Overall, all these documents, just like the Australia Statutory Declaration Partner Visa form, serve to formally recognize and record the financial and social aspects of personal relationships, offering a legal framework to support the commitments made by those involved.

When filling out the Australia Statutory Declaration Partner Visa form, it's important to present clear, honest, and detailed information regarding your relationship. Here are 10 do’s and don’ts to guide you through this process:

• Read instructions carefully before starting to ensure all parts of the declaration are correctly completed.
• Provide complete and accurate information about your relationship, including names, dates, and other relevant details.
• Describe the financial aspects of your relationship in detail, such as shared bank accounts or financial responsibilities.
• Explain the nature of your household, including living arrangements and any shared responsibilities.
• Detail the social aspects of your relationship, including how you engage in social activities or attend events together.
• Discuss your commitment to each other, highlighting emotional support, companionship, and future plans.
• Sign the declaration in the presence of an authorized witness who meets the qualifications outlined in the document.
• Double-check for any errors or omissions before finalizing the declaration.
• Use additional pages if necessary to provide thorough responses, ensuring they are securely attached and signed.
• Keep a copy of the completed declaration for your records.

• Do not leave sections incomplete; if a section does not apply, indicate this clearly.
• Avoid making false statements; doing so is a serious offense that could impact your visa application.
• Refrain from guessing dates or details; ensure all information is as accurate as possible.
• Don’t use informal language or slang when describing your relationship; keep the tone professional and the information factual.
• Avoid signing the document before meeting with the authorized witness; it must be signed in their presence.
• Do not use photocopies of the form; the original, filled out document must be submitted.
• Don’t forget to check the list of authorized witnesses to ensure your witness is qualified to certify your declaration.
• Avoid rushing through the form; take your time to thoughtfully and accurately describe your relationship.
• Do not omit any evidence of your relationship’s genuineness and continuity that supports your declaration.
• Don’t hesitate to seek legal advice if you encounter any difficulties or have questions about completing the form.

When it comes to the Australia Statutory Declaration Partner Visa form, there are several misconceptions that often confuse applicants. Understanding these can help applicants navigate the process more smoothly and ensure their applications are complete and correct. Here are nine common misconceptions explained:

• Only married couples need to fill out the form: This is not true. The form is also designed for de facto partners and interdependent partners, not just those who are married.

• You need to be living together to apply: While living together is one criterion, the form also accommodates relationships where partners live separately on a permanent basis due to certain circumstances.

• The form is only about financial commitments: Financial commitments are just one part of the form. It also encompasses the nature of the household, social aspects of the relationship, and the nature of the commitment to each other, among other things.

• Every section applies to all applicants: Some sections of the form might not apply to all applicants, such as those who do not have shared financial commitments or children. It's important to fill out the sections that apply to your specific situation.

• Filling out this form is the only step: The Statutory Declaration Partner Visa form is just one part of the application process for a partner visa. Other evidence and forms are also required.

• Only Australian citizens can make a declaration: The declaration can be made by either an Australian citizen or a permanent resident who is sponsoring the partner.

• You need a lawyer to complete the form: While legal advice can be helpful, especially in complicated cases, the form is designed to be completed by the applicants themselves. It includes clear instructions for each section.

• Any mistake will lead to instant rejection: While accuracy is crucial, minor errors in the form can often be corrected if identified early in the process. It's important to provide correct and honest information to the best of your ability.

• The declaration is the final step: After submitting the statutory declaration form, there are usually additional steps, including interviews and further evidence collection, depending on the specifics of your application.

Understanding these misconceptions can make the partner visa application process less daunting, allowing applicants to approach it with clarity and confidence. Remember, thoroughness, honesty, and attention to the form's requirements are key to a successful application.

• It's required to provide comprehensive details, including full name, address, and occupation of the person making the declaration, highlighting the importance of accurate personal information.
• The form necessitates stating the relationship's nature with the partner, underscoring the need for clarity on the status of the relationship (husband and wife, de facto, or interdependent partner).
• Applicants must confirm their relationship is genuine and continuing, emphasizing the Australian government's focus on authenticity and long-term partnership.
• Details regarding living arrangements are critical, whether living together or apart permanently, indicating the flexibility in recognizing different forms of partnership.
• Financial commitments shared between partners are to be disclosed, including joint bank accounts or property ownership, highlighting the importance of financial interdependence in the relationship assessment.
• The nature of the household, including care for children and housework responsibilities, must be described, showcasing the importance of shared domestic life.
• Social aspects of the relationship, such as attending events together or joint travels, are queried to demonstrate the public and social dimensions of the partnership.
• The level of emotional and long-term commitment to each other is crucial information, reinforcing the need for a deep, genuine bond between partners.
• Making a false statement in the statutory declaration is a serious offence, punishable by imprisonment, which stresses the seriousness and legality of the declaration.
• The declaration must be made before an authorized official, including a wide range of professions from legal practitioners to police officers, indicating the formality and legal recognition of the declaration process.