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The journey towards obtaining a partner visa in Australia is marked by various documentation and procedural requirements, one of which is the completion of the Australia Statutory Declaration Partner Visa form. This document is essential for the sponsor within the application process, operating under the Statutory Declarations Act 1959. It essentially serves as a formal statement by the sponsor, affirming the authenticity and ongoing nature of the relationship with the visa applicant. In this declaration, the sponsor is required to detail their commitment to a shared life with their partner, whether as a spouse, de facto, or interdependent partner, and to affirm that this commitment is to the exclusion of all others. It covers various aspects of the relationship, including the duration and genuineness of the partnership, shared financial obligations, household responsibilities, social activities, and the emotional and long-term commitment between the partners. Filling out the form correctly and truthfully is of utmost importance, as making a false statement in a statutory declaration is a serious offense, punishable under Australian law. This document must be signed in the presence of a person authorized by law to witness statutory declarations, highlighting the form's legal significance and the seriousness with which it should be approached.

Preview - Australia Statutory Declaration Partner Visa Form

Commonwealth of Australia

STATUTORY DECLARATION PARTNER VISA (SPONSOR)

Statutory Declarations Act 1959

1 Insert the full

I,1

name, address* and occupation of person making the declaration

2Insert the full name of your partner

make the following declaration under the Statutory Declarations Act 1959:

1.That I have a mutual commitment to a shared life as a husband and wife, or as a de facto partner, or as an interdependent partner, to the exclusion of all others, with 2

3Insert the full name of your partner

4 Delete whichever is inapplicable

5Insert the year your spousal relationship commenced.

6Insert number of months or years.

2.That our relationship is genuine and continuing.

3.

That 3

 

and I:

 

(a) 4

live together; or

 

 

(b) 4

live separately and apart on a permanent basis

4.

That our relationship began in 5

and we have lived together for 6

5.Describe financial commitments you and your partner share, for example joint/individual bank accounts, ownership of property or other major assets, pooling of financial resources and sharing of day to day household expenses.

6.Describe the nature of your household including any joint responsibility for the care and support of children, your living arrangements and sharing of the responsibility for housework.

7.Describe the social aspects of your relationship including social activities, attending special events or joint travel you and your partner undertake.

8.Describe the nature of your commitment to each other including the degree of companionship and emotional support you draw from each other and whether you see the relationship as a long-term one.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

7Signature of person making the declaration

8 Place

9Day (eg, sixth)

10 Month and year

11 Insert the full name of person before whom the declaration is made (see over)

12 Signature of person before whom the declaration is made

13 Full name, qualification and address* of person before whom the declaration is made (in printed letters)

7

Declared at 8

on 9

of 10

Before me, 11

12

13

Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years — see section 11 of the Statutory Declarations Act 1959.

Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 — see section 5A of the Statutory Declarations Act 1959.

*"address" means the place at which, or through which, a person may be contacted, and includes a postal address, but does not include the person’s email address.

A statutory declaration under the Statutory Declarations Act 1959 may be made before–

(1) a person who is currently licensed or registered under a law to practise in one of the following occupations:

Chiropractor

Dentist

Legal practitioner

Medical practitioner

Nurse

Optometrist

Patent attorney

Pharmacist

Physiotherapist

Psychologist

Trade marks attorney

Veterinary surgeon

(2)a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or

(3)a person who is in the following list:

Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)

Bailiff

Bank officer with 5 or more continuous years of service

Building society officer with 5 or more years of continuous service

Chief executive officer of a Commonwealth court

Clerk of a court

Commissioner for Affidavits

Commissioner for Declarations

Credit union officer with 5 or more years of continuous service

Employee of the Australian Trade Commission who is:

(a)in a country or place outside Australia; and

(b)authorised under paragraph 3 (d) of the Consular Fees Act 1955; and

(c)exercising his or her function in that place

Employee of the Commonwealth who is:

(a)in a country or place outside Australia; and

(b)authorised under paragraph 3 (c) of the Consular Fees Act 1955; and

(c)exercising his or her function in that place

Fellow of the National Tax Accountants’ Association

Finance company officer with 5 or more years of continuous service

Holder of a statutory office not specified in another item in this list

Judge of a court

Justice of the Peace

Magistrate

Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961

Master of a court

Member of Chartered Secretaries Australia

Member of Engineers Australia, other than at the grade of student

Member of the Association of Taxation and Management Accountants

Member of the Australasian Institute of Mining and Metallurgy

Member of the Australian Defence Force who is:

(a)an officer; or

(b)a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or

(c)a warrant officer within the meaning of that Act

Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants

Member of:

(a)the Parliament of the Commonwealth; or

(b)the Parliament of a State; or

(c)a Territory legislature; or

(d)a local government authority of a State or Territory

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961

Notary public

Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public

Permanent employee of:

(a)the Commonwealth or a Commonwealth authority; or

(b)a State or Territory or a State or Territory authority; or

(c)a local government authority;

with 5 or more years of continuous service who is not specified in another item in this list

Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made Police officer

Registrar, or Deputy Registrar, of a court

Senior Executive Service employee of:

(a)the Commonwealth or a Commonwealth authority; or

(b)a State or Territory or a State or Territory authority

Sheriff Sheriff’s officer

Teacher employed on a full-time basis at a school or tertiary education institution

Form Data

Fact Name Fact Detail
Governing Law Statutory Declarations Act 1959
Penalty for False Statement Imprisonment for a term of 4 years under section 11
Applicable Code Chapter 2 of the Criminal Code applies as per section 5A
Definition of Address Includes postal address but not email address
Eligible Witnesses Includes a wide range of professionals such as legal practitioners, medical practitioners, and police officers
Required Information Full name, address, occupation, and details of the relationship
Declaration Content Details about the relationship, financial commitments, household nature, social aspects, and mutual commitment
Signature Requirements Must be signed by the person making the declaration and the authorised witness
Authorised Witnesses Extensive list includes bank officers, clerks of a court, Australian consular officers, etc.

Instructions on Utilizing Australia Statutory Declaration Partner Visa

Filling out the Australia Statutory Declaration Partner Visa form is a crucial step for individuals who are sponsoring their partner's visa application. This document serves as a formal declaration of the relationship's genuineness and continuation, which is a key requirement of the partner visa application process. Properly completing this form requires attention to detail and an understanding of the relationship criteria set forth by Australian immigration authorities. By following the steps outlined below, sponsors can ensure they provide the necessary information to support their partner's visa application.

  1. Start by entering your full name, address, and occupation in the space provided at the beginning of the form.
  2. Insert the full name of your partner in the section designated for this information.
  3. State your declaration by acknowledging the mutual commitment to a shared life exclusively with your partner by filling in the sections marked "That I have a mutual commitment to a shared life as a husband and wife, or as a de facto partner, or as an interdependent partner, to the exclusion of all others" with your partner's name where indicated.
  4. Choose and delete the inapplicable statuses to indicate whether you live together or live separately and apart on a permanent basis.
  5. Provide the year your spousal relationship commenced as well as the number of months or years you have lived together.
  6. Describe financial commitments shared between you and your partner, such as joint bank accounts, property ownership, and how household expenses are managed.
  7. Detail the nature of your household, including any joint responsibilities for children, living arrangements, and division of household tasks.
  8. Discuss the social aspects of your relationship by describing social activities, special events attendance, and joint travels undertaken together.
  9. Describe the nature of your commitment to each other, including emotional support, companionship, and the long-term perspective of the relationship.
  10. Sign the declaration to confirm the truthfulness of the statements made within the document. Your signature confirms you understand the legal implications of making a false declaration.
  11. Fill in the place, day, month, and year when the declaration is made in the space provided at the bottom of the form.
  12. Take the form to a qualified individual authorized to witness a statutory declaration as specified in the provided list. Have them sign, date, and provide their qualification and address at the end of the document.

With the completion of these steps, the Australia Statutory Declaration Partner Visa form will be properly filled out and ready to be submitted as part of the visa application process. This declaration is a vital piece of evidence in demonstrating the legitimacy of the relationship to Australian immigration officials. It is important to approach it with honesty and clarity to avoid any potential legal consequences. Remember, this form is just one component of the visa application process, which may require additional documentation and evidence to support your partner's application.

Obtain Answers on Australia Statutory Declaration Partner Visa

  1. What is a statutory declaration for a partner visa in Australia?

    A statutory declaration for a partner visa in Australia is a legal document where a sponsor makes formal statements regarding their relationship with their partner. These declarations are made under the Statutory Declarations Act 1959 and cover aspects like the mutual commitment, nature of the household, financial commitments, social aspects of the relationship, and the nature of the commitment to each other. It's a crucial part of the visa application process for partners.

  2. Who can make a statutory declaration?

    The declaration can be made by individuals who are sponsoring their partner for a visa to Australia. This encompasses those who have a mutual commitment to a shared life as husband and wife, de facto partners, or interdependent partners, to the exclusion of all others, and who assert that their relationship is genuine and continuing.

  3. Before whom can a statutory declaration be made?

    Statutory declarations can be made before individuals authorized by law, including legal practitioners, medical practitioners, public notaries, justices of the peace, police officers, and certain other professionals outlined in the Statutory Declarations Act 1959. This broad list ensures that most individuals can access an authorized person to witness their declaration, regardless of their location or situation.

  4. What needs to be included in the declaration?

    The declaration must detail mutual commitment, the genuine and continuing nature of the relationship, living arrangements, financial interdependence, shared responsibilities, social activities, and the emotional and long-term commitment between the partners. It should provide a comprehensive overview of the relationship that supports the application for a partner visa.

  5. What are the consequences of making a false statement in a statutory declaration?

    Making a false statement in a statutory declaration is a serious offence that can result in imprisonment for up to 4 years, as per section 11 of the Statutory Declarations Act 1959. Such an act undermines the integrity of the legal process and can severely impact the outcome of a visa application.

  6. Can a statutory declaration be made electronically or via email?

    The "address" for making a statutory declaration does not include an email address, indicating that electronic submissions might not meet the legal requirements. Typically, a statutory declaration involves signing the document before an authorized witness, suggesting a preference for physical presence; however, legal allowances or temporary adjustments might occur under specific circumstances, like public health orders.

  7. How can one find a person authorized to witness a statutory declaration?

    Individuals can find an authorized person to witness their statutory declaration by consulting local legal offices, medical practices, police stations, or searching online for authorized professionals in their area. Many professionals, like lawyers, doctors, and notaries, are commonly known to be authorized to witness statutory declarations.

  8. Is there any fee for making a statutory declaration?

    There might not be a specific fee for making a statutory declaration itself, but witnessing authorities might charge for their services. Fees can vary based on the profession of the witness and the location. It's advisable to inquire directly with the potential witness about any applicable fees.

Common mistakes

When filling out the Australia Statutory Declaration Partner Visa form, applicants often make several common mistakes that can potentially complicate or delay the visa application process. Paying close attention to detail and understanding the requirements can significantly improve the chances of a successful partner visa application. Here are six common errors:

  1. Incomplete Information: Applicants sometimes leave sections incomplete, notably where personal details about the relationship or financial commitments are requested. It's crucial to provide full and detailed answers to all questions.
  2. Incorrect Information: Another common mistake is entering incorrect information, such as mixing up dates related to the commencement of the relationship or the living arrangements. Accuracy is key in all sections of the form to avoid discrepancies that could lead to suspicion about the legitimacy of the relationship.
  3. Failure to Delete Inapplicable Sections: The form requires applicants to delete sections that do not apply to their circumstances. For instance, if not living apart, sections pertaining to living separately must be deleted. Overlooking this step may cause confusion about the actual living situation of the couple.
  4. Lack of Detailed Descriptions: When describing the relationship, including financial commitments, household nature, social aspects, and commitment to each other, applicants often provide vague or brief responses. Detailed descriptions help substantiate the genuine and continuing nature of the relationship.
  5. Not Including Supporting Documents: While the form itself doesn't require the attachment of supporting documents, applicants often forget that their declarations need to be supported by adequate evidence submitted alongside the application. This mistake can weaken the claim of a genuine and ongoing relationship.
  6. Signature Issues: Missing signatures, or signing in the wrong section, can invalidate the statutory declaration. Both the declarant and the authorised witness need to sign the form correctly as per instructions, ensuring the declaration is legally binding.

Avoiding these common errors can enhance the credibility of the statutory declaration, thereby supporting the overall partner visa application. It's always recommended to thoroughly review the form, follow the instructions precisely, and provide as much detailed and accurate information as possible.

Documents used along the form

When applying for an Australia Partner Visa, besides the Statutory Declaration Partner Visa form, applicants and their sponsors typically need to provide a variety of additional forms and documents. These help to establish the genuineness and continuity of their relationship. Here's a look at some of the other important documents often required:

  • Birth Certificates: To verify the identities of the applicant and sponsor, birth certificates are essential. They provide proof of age and nationality.
  • Passport Copies: Copies of current passports for both the applicant and the sponsor are necessary to confirm their identities and travel histories.
  • Proof of Relationship: This can include joint bank account statements, joint leases or mortgage documents, and utility bills, illustrating the financial cohabitation and support between the partners.
  • Photographs Together: Photos of the couple together at different times and events help substantiate the ongoing nature of their relationship.
  • Personal Statements: Written statements by both the applicant and the sponsor detailing the history and development of their relationship are often required to provide personal insights into the nature of their partnership.
  • Witness Statements: Statutory declarations by friends and family affirming their support and recognition of the relationship can add credibility to the application.
  • Divorce or Death Certificates: If either the applicant or the sponsor has been previously married, divorce or death certificates may be necessary to prove the legal termination of prior marriages.
  • Police Clearances: Police clearance certificates for any country where the applicant has lived for 12 months or more during the last ten years are typically required to assess the applicant's character.

Collectively, these documents play a critical role in the assessment process of the Partner Visa application. They provide a comprehensive view of the relationship's authenticity, which is pivotal for a successful outcome. It's important for applicants to provide thorough and accurate documentation to avoid delays or refusals. Preparing and organizing these documents well in advance can significantly streamline the application process.

Similar forms

  • Affidavits: Similar to the Australia Statutory Declaration Partner Visa form, affidavits are written statements confirmed by oath or affirmation, for use as evidence in court. Both are formal declarations, but affidavits often relate more directly to legal proceedings, whereas statutory declarations can have a broader range of purposes.

  • Immigration Forms: These forms, like the Partner Visa form, are used in the process of applying for visas or citizenship in various countries. They require detailed personal information and declarations about one's background, intentions, and relationships, serving to establish eligibility for immigration benefits.

  • Personal Financial Statements: Much like the section of the Partner Visa form that deals with financial commitments, personal financial statements provide a snapshot of an individual's or a couple's financial health, detailing assets, liabilities, incomes, and expenses.

  • Lease Agreements: Lease agreements and the Partner Visa form both outline terms of a shared commitment, though in different contexts. Lease agreements focus on the rental of property, specifying financial responsibilities and terms of use, akin to how the Partner Visa form outlines shared life arrangements and financial commitments.

  • Loan Applications: Similar to sections of the Partner Visa form that detail financial commitments, loan applications require comprehensive information about one's financial status, liabilities, and assets to assess creditworthiness and the ability to fulfill financial agreements.

  • Marriage Certificates: Both serve as official records of a relationship, though a marriage certificate is a formal registration of marriage, while the Partner Visa form declares the existence and nature of a partnership for immigration purposes.

  • Child Custody Forms: Like the parts of the Partner Visa form that may involve declarations about joint responsibility for children, child custody forms are legal documents outlining agreements or court orders regarding the upbringing and support of children in separated families.

  • Medical Consent Forms: While serving very different purposes, both medical consent forms and the Partner Visa form require individuals to make formal declarations. Medical consent forms are used to authorize healthcare treatments, reflecting the principle of informed consent, whereas the Partner Visa form declares aspects of personal relationships and commitments.

Dos and Don'ts

When filling out the Australia Statutory Declaration Partner Visa form, it is essential to provide accurate and complete information. Below are lists of things you should and shouldn't do to ensure the process is done correctly.

Things you should do:

  • Provide detailed information: Complete all sections with the level of detail requested in the form, ensuring all answers are thorough and comprehensive.
  • Be truthful: Ensure that all the information you provide on the form is true and accurate to the best of your knowledge. Misleading or false information can lead to legal consequences.
  • Double-check your details: Before submitting, review all the information you provided, including names, dates, and addresses, for any errors or omissions.
  • Sign in the presence of an authorized witness: Ensure your declaration is signed in front of a person authorized to witness statutory declarations as listed at the end of the form.

Things you shouldn't do:

  • Leave sections blank: Avoid leaving any sections of the form blank. If a section does not apply, note it as "N/A" or "not applicable."
  • Use informal language: Keep the language formal and professional. Avoid slang, abbreviations, and casual expressions.
  • Sign before finding a witness: Do not sign the declaration before you are in the presence of the authorized witness, as your signature needs to be witnessed to be valid.
  • Forget to date the declaration: Failing to include the date of signing the declaration can lead to your application being delayed or considered incomplete.

Misconceptions

When it comes to applying for a Partner Visa in Australia, applicants are often required to navigate through an intricate process, which includes providing a statutory declaration by the sponsor. Misunderstandings surrounding the statutory declaration can complicate the process. Here are six common misconceptions:

  • Only Australian citizens can make the declaration. Contrary to this belief, the form can be completed by both Australian citizens and permanent residents who are sponsoring their partner. The emphasis is on the relationship's genuineness and the sponsor's commitment.

  • It’s sufficient to simply state the relationship is genuine. The declaration requires detailed evidence of the relationship spanning financial, social, and household aspects, among others. This is a nuanced document; hence, mere assertions without substantiation are inadequate.

  • Details of shared financial responsibilities are not crucial. In reality, the declaration places significant importance on financial interdependence as evidence of a real and continuing partnership. Applicants need to detail joint bank accounts, asset ownership, and how expenses are shared.

  • The nature of the household does not need to be in-depth. This is incorrect. The declaration asks for comprehensive information regarding living arrangements, joint responsibility for children if applicable, and even the division of household chores, to paint a detailed picture of the partnership.

  • Social activities and joint travel can be omitted. On the contrary, describing social aspects of the relationship, including joint travel, attending events together, and mutual friends, helps validate the partnership's authenticity and its recognition by external parties.

  • A false statement has minimal consequences. This is a dangerous misconception. Making intentionally false statements in a statutory declaration is a serious offence, punishable by up to four years in prison. The declaration is a legal document, and truthfulness is paramount.

Navigating the partner visa application process entails understanding the weight and purpose behind each requirement, especially the statutory declaration. It's more than just a formality; it’s a comprehensive demonstration of your relationship's validity and depth.

Key takeaways

When applying for a Partner Visa in Australia, filling out the Statutory Declaration Partner Visa form correctly is crucial. This form plays a significant role in the visa application process, providing detailed insight into the genuine nature of the applicants' relationship. Here are key takeaways to help guide you through the process:

  • Complete all sections accurately: Ensure all fields are filled out with accurate information, including full names, addresses, and occupation details. Inaccurate or incomplete forms may result in delays or rejection.
  • Detail the relationship's history: Clearly stating the history and commitment level within the relationship, including how long you've been together and the nature of your commitment, is essential.
  • Explain living arrangements: Whether you live together or apart, outline your living situation. If living separately, provide reasons and demonstrate the permanency of your relationship.
  • Financial interdependence: Describe how finances are managed between you and your partner. Joint bank accounts, shared ownership of property, and how household expenses are handled are all critical details.
  • Household responsibilities: Share details about how household duties are divided or shared, including any joint responsibility for children.
  • Social and personal aspects of the relationship: Highlight social activities, travel, and events you attend together. Also, detail the emotional support and companionship you provide each other.
  • Declaration must be witnessed: After completing the declaration, it must be signed in the presence of an authorized witness. The list of authorized witnesses includes legal practitioners, medical practitioners, and police officers, among others.
  • Understand the legal implications: Knowingly making a false statement in a statutory declaration is a serious offense, subject to penalties including imprisonment. It's crucial to be truthful and thorough in your declaration.

Filling out the Partner Visa statutory declaration with thorough attention to detail can significantly impact the outcome of the visa application. This declaration is an opportunity to provide comprehensive evidence of a genuine and ongoing relationship, which is integral to the approval process.

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