[Keira0203]

I am about to start the visa online application for my husband, who lives in North Cyprus (a state governed by Turkey). I am an Australian citizen. We have been married for 2 year and have been together for 3 and have a 1.5 year old baby.

I have been reading up on some issues that people have encountered whilst completing the online application and now I'm wondering the following...


1 ) Who fills out form 47? The sponsor or the person wanting the visa?

2) If it's an offshore visa does my husband need to fill out form 888?

3) I'm not working and my husband has one account under his name. The electric bills are under his name. We weren't planning on moving to Australia at the time. Would not having any bill under both our names decrease our chances of the visa being approved?

4) Do we need statutory declarations stating that our marriage is legitimate from people in Australia and Cyprus? Or only from Cyprus? Can my mother or any immediate family make a declaration?

Any insight will be appreciated.

 

[tijanaoc]

I am about to start the visa online application for my husband, who lives in North Cyprus (a state governed by Turkey). I am an Australian citizen. We have been married for 2 year and have been together for 3 and have a 1.5 year old baby.

I have been reading up on some issues that people have encountered whilst completing the online application and now I'm wondering the following...

1 ) Who fills out form 47? The sponsor or the person wanting the visa?

The online application for the partner visa is the online equivalent of form 47 - it is an application for a visa, therefore in your case your husband would fill it out. Or if you're helping him with the application you would answer it on his behalf.

2) If it's an offshore visa does my husband need to fill out form 888?

Yes, 2x form 888's are mandatory but preferably a couple more.

3) I'm not working and my husband has one account under his name. The electric bills are under his name. We weren't planning on moving to Australia at the time. Would not having any bill under both our names decrease our chances of the visa being approved?

You will need to prove that you share finances and have a shared life together. As long as you can prove it in other ways - show spending for the two of you under the one account, showing clearly that he supports you financially then you should be okay. You may have some difficulty though if your name isn't on anything. Do you have anything to show you share a household and finances together? For example joint car insurance? Joint mortgage/lease? Joint health insurance?

My husband and I have never been on any bills jointly - but for example our internet account was in his name, while electricity was in my name while living at the same address during the same time period. Is your name on any bills?

4) Do we need statutory declarations stating that our marriage is legitimate from people in Australia and Cyprus? Or only from Cyprus? Can my mother or any immediate family make a declaration?

Your mother and immediate family can definitely make a declaration - that's what the form 888's are for. Form 888's filled out by Australian Citizens are better, non-Aus citizens can fill them out, but they won't carry as much weight. So if your family know your husband and know your relationship is genuine, absolutely have them do the stat decs.

 

[CCMS]

Yes, 2x form 888's are mandatory but preferably a couple more.

While it is strongly recommended to provide at least 2 forms 888, it is actually not "mandatory".

Only where the applicant is subject to s. 48. is there a requirement to provide 2 statutory declarations, made no more than 6 weeks before the application is lodged. This provision does not apply to standard applications.

 

[Ramah]

While it is strongly recommended to provide at least 2 forms 888, it is actually not "mandatory".

Only where the applicant is subject to s. 48. is there a requirement to provide 2 statutory declarations, made no more than 6 weeks before the application is lodged. This provision does not apply to standard applications.

This is good to know!

I've often seen the 6 week requirement thrown about but have never been able to establish whether it applies to all partner applications or not.

Thanks for the info, Nick!

 

[CCMS]

This is good to know!

I've often seen the 6 week requirement thrown about but have never been able to establish whether it applies to all partner applications or not.

Thanks for the info, Nick!

It might seem pedantic, but these issues are often confused. When dealing with legal matters, it is important to get the details right. This particular issue is actually addressed in schedule 1 of Partner (Residence) (Class BS) visas, so not too many people would have access to that information or know where to find it.

 

[Ramah]

2) If it's an offshore visa does my husband need to fill out form 888?

Just to clarify, form 888 is "Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application" so no, your husband (the applicant) doesn't fill it in.

It's to be filled in by someone wishing to give a statutory declaration to support the application.

The form states:

"This form must be completed by a person who:
• knows the visa applicant and their partner or fiancé(e) and
the history of their relationship;
• is at least 18 years of age; and
• is an Australian citizen or Australian permanent resident."

 

[pwestoz]

The form 888 is to be filled in by people who are declaring that they know you as a couple and can vouch for the 'genuineness' of the relationship.

The instructions state: "If the visa applicant is outside Australia and is unable to have an Australian citizen or Australian permanent resident
complete this form, any person who knows the applicant and
their partner or fiancé(e) may also complete this form". It later states: "If you are not an Australian citizen or permanent resident and you reside outside Australia, your statement cannot be considered a statutory declaration under Australian law, even if it is made using this form or the template provided by the Attorney-General’s Department. However, under policy, your statement should be witnessed or certified according to the
legal practices of the country in which you make the statement".

For OS applicants, I ask them to get the declarations done on the equivalent of a Stat Dec form in their home country and witnessed and stamped by a lawyer or the equivalent of a 'Notary Public'.

Cheers,

- Phil West, Ph.D
MARN: 1680879 Superior Migration Consultancy (Melbourne).

 

[tijanaoc]

While it is strongly recommended to provide at least 2 forms 888, it is actually not "mandatory".

Only where the applicant is subject to s. 48. is there a requirement to provide 2 statutory declarations, made no more than 6 weeks before the application is lodged. This provision does not apply to standard applications.

That's so interesting! I had no idea. I always thought they were mandatory. Thanks for the correction.