Questions on 801 visa - Page 2

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Questions on 801 visa - Page 2


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  #11 (permalink)  
Old 11-13-2019, 12:35 AM
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Those who are applying online are not required to submit statutory declarations, but I advise my clients to do so and to make an effort not to contradict each other.

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  #12 (permalink)  
Old 11-13-2019, 11:36 AM
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Originally Posted by novacove View Post
Hi everyone. Many thanks to those who replied to my questions above. Just want to clarify again since this is confusing.

I read many times the requirements mentioned in the Immi website. It seemed that both applicant and sponsor need to upload Statutory Declaration - Partner visa (sponsor).

Proof of your relationship
You must also provide a statement about the application by completing and uploading the Statutory Declaration - Partner visa (sponsor).
--> This refer to the applicant?


Partner
a completed Statutory Declaration - Partner Visa (Sponsor)
--> This refer to the sponsor

Can anyone who had applied 801 confirmed this? Did you only upload one Statutory Declaration from your sponsor? Thank you

Hmmmm, so I'm thinking out loud here......

The sponsor has to fill up and submit the stat dec form that is called "Statutory Declaration - Partner Visa (Sponsor)". There is no confusion about this on the immi website. However, If immi wanted the applicant to submit a stat dec, wouldn't there have been a form called "Statutory Declaration - Partner Visa (Applicant)"? But no where on the immi website is there such a form.

Before you posted your question, I was under the impression that only the sponsor had to submit a stat dec. Having seen your question and gone back to reread (and reread again) the immi website, I can see the confusion.

And now I'm in the same boat as you. I'm wondering whether both the sponsor and the applicant has to each submit the form that is called "Statutory Declaration - Partner Visa (Sponsor)". It seems counterintuitive, but I can understand the confusion based on the way it's phrased in the immi website.

Could those who have submitted their 801 help us shed some light on this?

Thanks in advance for your help.

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Last edited by jeanros; 11-13-2019 at 11:42 AM.

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  #13 (permalink)  
Old 11-13-2019, 11:41 PM
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Quote:
Originally Posted by novacove View Post
Hi everyone. Many thanks to those who replied to my questions above. Just want to clarify again since this is confusing.

I read many times the requirements mentioned in the Immi website. It seemed that both applicant and sponsor need to upload Statutory Declaration - Partner visa (sponsor).

Proof of your relationship
You must also provide a statement about the application by completing and uploading the Statutory Declaration - Partner visa (sponsor).
--> This refer to the applicant?


Partner
a completed Statutory Declaration - Partner Visa (Sponsor)
--> This refer to the sponsor

Can anyone who had applied 801 confirmed this? Did you only upload one Statutory Declaration from your sponsor? Thank you
That is correct. We only uploaded one Stat Dec for my husband (sponsor). My information was included in the 801 application, as I filled in all the boxes concerning our relationship. I did not upload a separate Stat Dec for myself (applicant). Hope that helps.

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  #14 (permalink)  
Old 11-14-2019, 07:35 AM
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Originally Posted by LadyRogueRayne View Post
That is correct. We only uploaded one Stat Dec for my husband (sponsor). My information was included in the 801 application, as I filled in all the boxes concerning our relationship. I did not upload a separate Stat Dec for myself (applicant). Hope that helps.
Thanks so much for that, LadyRogueRayne!

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Old 11-14-2019, 11:39 PM
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Thank you so much for all your kind replies

Good luck jeanros

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  #16 (permalink)  
Old 11-15-2019, 12:14 AM
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Commonwealth of Australia
STATUTORY DECLARATION – PARTNER VISA (APPLICANT)
Statutory Declarations Act 1959

1 Insert the name, address and occupation of person making the declaration
I,1

make the following declaration under the Statutory Declarations Act 1959:

2 Insert the full name of your partner

3 Insert the full name of your partner

4 Cross out whichever is inapplicable

5 Insert the year your partner relationship commenced
6 Insert number of months or years

7 Insert the full name, occupation, address* and telephone number(s) of two (2) persons** agreeing to make a verbal or written declaration about your relationship

8 Insert the full name of your partner

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

2. That our relationship is genuine and continuing.

3. That 3

(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. (Please provide evidence of financial commitment)

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. A certified copy of your birth certificate for any children born since the grant of your last visa to be provided.


7. Describe the social aspects of your relationship including social activities, attending special events or joint travel you and your partner undertake. (Please provide evidence of this commitment)

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.

9. I also provide the details (including occupation, address and contact telephone number(s)) of the following two persons:

7 1. 7 2.


Who have agreed to provide a verbal or written declaration on request regarding the nature of my relationship with 8

Should the Department wish to contact them and request a declaration.

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.

9 Signature of person making the declaration 9

10 Place
11 Day
12 Month and year
Declared at 10 on 11 of 12

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

14 Signature of person before whom the declaration is made (see over)

Before me, 13


14

15 Full name,
qualification and address of person before whom the declaration is made (in printed letters) 15

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.
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

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Last edited by wrussell; 11-15-2019 at 12:19 AM. Reason: format

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  #17 (permalink)  
Old 11-15-2019, 01:46 PM
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Thanks for your feedback, Westly. It is very much appreciated.

It does seem daunting to submit a stat dec for the applicant as it would seem like a repetition of the four categories already uploaded.

I'm going to have to have a think about this one...


Last edited by jeanros; 11-15-2019 at 02:01 PM.

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  #18 (permalink)  
Old 11-15-2019, 09:52 PM
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This is known as paralysis by analysis!

It is a good idea to seek a word of professional advice, before committing to a course of action.

Delegates to not place much weight on bald claims that are unsupported by evidence. If you prepare statutory declarations as supporting document checklists for the delegate you will make it easy to assess your claims and not go far wrong.

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  #19 (permalink)  
Old 11-15-2019, 10:07 PM
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Or to put it another way;

It is a good idea to plan in advance, since it is not possible to do so subsequently.

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