Commonwealth Australia Statutory Declaration For Partner visas

An Australian Commonwealth Statutory Declaration for Partner visas is a formal legal document used in the context of applying for a Partner visa in Australia. This declaration is typically required to support the application by providing evidence of the genuine and ongoing nature of the relationship between the applicant and their partner.

The importance of the Statutory Declaration for a partner visa

A statutory declaration can be a critical component of the Partner visa application process in Australia. It serves as a legal statement that helps establish the genuineness and continuity of a relationship between the applicant and their sponsoring partner. The importance of the statutory declaration cannot be understated, as it plays a pivotal role in supporting the application and providing relevant information to the Department of Home Affairs.

Why is it required?

The Department of Home Affairs is committed to maintaining the integrity of the visa system, and the statutory declaration helps verify that the relationship is genuine, ongoing, and committed.

Given the potential for fraudulent applications, a statutory declaration adds a layer of legal responsibility. The declarant is required to sign that  the information provided is truthful, and submitting false or misleading information can lead to serious legal consequences, including visa refusal and legal penalties.

The statutory declaration must be signed by the party making the statement, typically the applicant and the sponsor. Additionally, sometimes other individuals (such as family members or close friends) may submit statutory declarations in support of the relationship. This broader set of evidence provides a more complete picture of the couple's relationship and helps immigration officials assess the validity of the application.

Role in supporting the application

The statutory declaration serves as a personalised account of the couple’s relationship. It includes details about how the relationship began, how it developed over time, and how the couple plans to live together in the future. It also often outlines shared finances, joint household arrangements, and the emotional commitment between the partners. By providing this information in a formal document, the couple essentially offers an intimate narrative of their life together, which helps immigration officials understand the depth of the relationship.

In addition to proving the relationship's authenticity, the statutory declaration helps explain discrepancies or gaps in documentary evidence. For example, if the couple lived apart for a period due to work or study commitments, this can be addressed in the declaration, providing context and mitigating any potential concerns the Department might have about the continuity of the relationship.

Ultimately, the statutory declaration plays a crucial supporting role in the Partner visa application. It complements other forms of evidence, such as photographs, financial statements, and social proof, by offering a narrative that ties all of these pieces together. 

Step-by-step guide to completing the Statutory Declaration

Completing a statutory declaration for a Partner visa in Australia is a vital step in the visa application process. Here's a step-by-step guide on how to complete a statutory declaration for a Partner visa. 

Step 1: Download the correct form

The Australian Attorney-General provides a general statutory declaration form for the applicant and sponsor for use in Partner visa applications.

Step 2: Identify the declarants 

Both the applicant and the sponsoring partner should write statutory declarations about their relationship..

Step 3: Write the declaration

The next step is to gather the required information for the declaration such as personal details and relationship details and write out the declaration. Make sure to use clear and concise language and keep it straightforward. The statutory declaration should address all aspects of the relationship, in particular, the four areas that the Department assesses when reviewing applications. 

Step 4: Get the declaration witnessed 

The declaration must then be signed in front of an authorised witness. In Australia an approved witness for a Commonwealth statutory declaration is somebody prescribed under Schedule 1 of the Statutory Declarations Regulations 2023. 

Step 5: Submit the statutory declaration  

The statutory declaration must then be included in your visa application. The signed and witnessed statutory declarations should be submitted alongside other supporting documents in your Partner visa application, such as proof of shared finances, photos, and joint household records.

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Common questions and tips for avoiding mistakes

Who can provide a statutory declaration for my Partner visa application?

For a Partner visa application in Australia, two types of people can provide statutory declarations: the applicant and the sponsor, and supporting witnesses such as friends, family and colleagues. 

What information should be included in a statutory declaration for a Partner visa?

A statutory declaration for a Partner visa in Australia should be detailed and cover key aspects of the relationship to demonstrate its genuineness and ongoing nature. Some examples of information that should be included: personal details, how you met, the development of the relationship, living arrangements, financial commitment, social aspects, periods of separation, future plans. 

Who can witness a statutory declaration for a Partner visa in Australia?

In Australia, a statutory declaration for a Partner visa must be signed in the presence of an authorised witness. Qualified witnesses to a statutory declaration are listed under the Statutory Declarations Act 1959. Some examples of valid witnesses include lawyers, pharmacists, registered nurses, dentists and police officers. 

Can I submit multiple statutory declarations for a Partner visa?

Yes, you can submit multiple statutory declarations for a Partner visa in Australia. Submitting more than one declaration strengthens your application by providing different perspectives and supporting evidence of the genuine and ongoing nature of your relationship.

Do statutory declarations for a Partner visa need to be notarised?

No, statutory declarations for a Partner visa in Australia do not need to be notarized. However, they must be witnessed by an authorised person.

Can a statutory declaration be used to prove a de facto relationship?

Yes, a statutory declaration can be used to help prove a de facto relationship in Australia, especially in the context of a Partner visa application. It serves as a formal statement affirming the nature and authenticity of the relationship. 

What happens if the information in a statutory declaration is found to be false?

If the information in a statutory declaration is found to be false, there can be serious consequences, both legal (e.g. criminal offence and fraud charges) and for the visa application itself (e.g. refusal of visa and future applications).

How do I submit a statutory declaration with my Partner visa application?

When applying online through the Department of Home Affairs portal, upload the statutory declarations and supporting documents directly in your application.

Can statutory declarations be submitted after lodging the Partner visa application?

Yes, statutory declarations can be submitted after lodging a Partner visa application in Australia, but there are important considerations to keep in mind such as contacting the Department of Home Affairs to inform them of your intention to submit additional information. 

Benefits of a well-prepared Statutory Declaration

A thorough declaration offers a clear and structured narrative of your relationship, helping immigration officers understand its development over time. This minimises confusion and provides crucial context for supporting documentation, such as joint financial records or photos, creating a cohesive narrative for the Department. There are several benefits to a well-prepared statutory declaration:

• Addresses Concerns: a well-prepared declaration can address potential concerns, such as periods of separation due to work or study, or any gaps in documentation. By explaining these circumstances, the applicant and sponsor can reduce the likelihood of misunderstandings or doubts about the continuity of their relationship.
• Legal Weight: the statutory declaration is a legally binding document, carrying significant weight in the decision-making process. A carefully crafted declaration that is truthful and detailed can help build credibility and trust when the application is being reviewed

Get support from Australian Migration Lawyers

Navigating the Australian Partner visa process can be complex, and a well-prepared statutory declaration is crucial for demonstrating the genuineness and authenticity of your relationship to the Department of Home Affairs. In your declaration, you should include key details such as how and when you met, the development of your relationship, living arrangements, financial commitments, and your future plans as a couple. It’s also beneficial to gather supporting declarations from friends and family who can vouch for the genuineness of your relationship, providing further evidence to strengthen your application. 

The process may seem overwhelming, but you don’t have to navigate it alone. At Australian Migration Lawyers, we understand the intricacies involved and are here to help. Our experienced team can provide tailored advice and assistance to ensure your Partner visa application is robust and complete. Contact us if you require assistance with your Partner visa application today.