Statutory Declarations

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Statutory Declarations


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Old 03-10-2011, 03:13 PM
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Statutory Declarations

Hi there,

I am currently applying for my Scottish boyfriend for a Partner Visa to Australia and I am a little stumped. With our own declarations of our relationship, who signs those? We live in Edinburgh, so do we get someone here to sign it, or does it have to be an authorising figure in Australia?

Kate


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Old 03-10-2011, 03:47 PM
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Hello kate
As the boocklet say
http://www.immi.gov.au/allforms/booklets/1127.pdf
The statements written by you and your partner in support of your Partner visa
application can be on ordinary writing paper or a statutory declaration form may be
used. Blank Australian statutory declaration templates are available from the Attorney-
General’s Department website Statutory declarations. And you and your partner sign those declarations.
.
Statements from persons who know you and your partner
It is the department’s policy that these statements provided about you and your partner
should be in the form of a statutory declaration. The persons making these declarations
must be:
• aged 18 years or over; and
• either an Australian citizen or an Australian permanent resident.
You must also supply with these statements proof that your supporting witnesses are
Australian citizens or Australian permanent residents.



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Old 03-10-2011, 07:05 PM
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Great, thanks for the information. But just to clarify, the declarations about our relationship only have to be signed by each other?

Thanks


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Old 03-10-2011, 08:29 PM
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Hello
Each statement or statutory declaration must be signed and dated by the author.


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Old 03-11-2011, 01:14 AM
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If you want your statement to be considered as a statutory decalaration you need to sign it in front of a relevant person and when abroad as in Scotland you would need to take a trip down to Australia House in London unless they have an annexe service in Scotland.
If your Bf wants his to be in the form of a statutory declaration under Scottish Law, he'll need to see who is authorised to do that in the UK, there being a similar list to as there in Australia I believe, ie. Coppers, Bank Managers, Teachers etc.
His statement will not be considered a statutory declaration under Australian law, just the legality of things and you cannot use someone in Scotland to do yours other than someone authorised by Australia like as at AH, again, just legalities.

It is however more the hard evidence you need to have and not so much statements that Immi look for in supporting the relationship.


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Old 03-11-2011, 07:05 AM
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I read the requirement that since we live in the UK, we could have our stat decs witnessed by someone relevant here in the UK - we didn't need an australian to do it.





Quote:
Originally Posted by Wanderer View Post
If you want your statement to be considered as a statutory decalaration you need to sign it in front of a relevant person and when abroad as in Scotland you would need to take a trip down to Australia House in London unless they have an annexe service in Scotland.
If your Bf wants his to be in the form of a statutory declaration under Scottish Law, he'll need to see who is authorised to do that in the UK, there being a similar list to as there in Australia I believe, ie. Coppers, Bank Managers, Teachers etc.
His statement will not be considered a statutory declaration under Australian law, just the legality of things and you cannot use someone in Scotland to do yours other than someone authorised by Australia like as at AH, again, just legalities.

It is however more the hard evidence you need to have and not so much statements that Immi look for in supporting the relationship.


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Old 03-11-2011, 07:25 AM
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Great, thanks for the help everyone.


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Old 03-11-2011, 09:45 AM
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Quote:
Originally Posted by alexdavalos12 View Post
Hello kate
As the boocklet say
http://www.immi.gov.au/allforms/booklets/1127.pdf
The statements written by you and your partner in support of your Partner visa
application can be on ordinary writing paper or a statutory declaration form may be
used. Blank Australian statutory declaration templates are available from the Attorney-
General’s Department website Statutory declarations. And you and your partner sign those declarations.
.
Statements from persons who know you and your partner
It is the department’s policy that these statements provided about you and your partner
should be in the form of a statutory declaration. The persons making these declarations
must be:
• aged 18 years or over; and
• either an Australian citizen or an Australian permanent resident.
You must also supply with these statements proof that your supporting witnesses are
Australian citizens or Australian permanent residents.

This link might be of use to you:

Post Office® | Counter services | Passports & identity | Identity checking service

This service will help you have all of your identity documents witnessed.

We are currently in London, and UK laws regarding stat dec certification are very different to Australia. As I understand, the only individuals who are authroised to legally witness stat declarations in the UK are solicitors, notaries and JPs. Hope this helps 


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Old 03-12-2011, 03:44 PM
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They will accept an 'australian standard' stat dec, as in, someone from their list of professions, but a GB citizen. I've printed out a few of the australian stat dec forms and will be using those to make it easy for myself.


Quote:
Originally Posted by julianne View Post
This link might be of use to you:

Post Office® | Counter services | Passports & identity | Identity checking service

This service will help you have all of your identity documents witnessed.

We are currently in London, and UK laws regarding stat dec certification are very different to Australia. As I understand, the only individuals who are authroised to legally witness stat declarations in the UK are solicitors, notaries and JPs. Hope this helps 


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Old 03-17-2011, 11:14 PM
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Quote:
Originally Posted by suzannah View Post
They will accept an 'australian standard' stat dec, as in, someone from their list of professions but a GB citizen.
I'm not sure that the citizenship is important. For instance the solicitors I used were (presumably) GB citizens but did not supply any evidence of that, just that they were registered as UK solicitors.

Technically I think a stat dec valid in UK courts has to have a certain format, see here (bottom of page). They can be witnessed by a solicitor who should lead you through reciting a sworn oath as well as signing it and initialling every page etc.

The rules are all mixed up and not properly documented anywhere; this has made me quite cynical to be honest. My assumption is that few applicants are legal experts and your case officer probably isn't either, so whatever you do if it looks official, it'll probably be ok.


Last edited by iain; 03-17-2011 at 11:38 PM.

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