# Statutory Declarations for Defacto Visa



## olex (Feb 26, 2011)

Hi All,

I was just wondering if I should be writing my statutory declarations for each of the four sections (financial responsibility, nature of household, social, and commitment to each other) on proper statutory declaration forms and get them witnessed?

Thanks for the help!


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## francesco_totti (Sep 2, 2010)

olex said:


> Hi All,
> 
> I was just wondering if I should be writing my statutory declarations for each of the four sections (financial responsibility, nature of household, social, and commitment to each other) on proper statutory declaration forms and get them witnessed?
> 
> Thanks for the help!


I wrote mine on simple paper and titled them "Statutory Declarations". Where are you lodging your app?


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## francesco_totti (Sep 2, 2010)

francesco_totti said:


> I wrote mine on simple paper and titled them "Statutory Declarations". Where are you lodging your app?


Yes they need to be witnessed. Anything signed by you needs to be witnessed.


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## Tjw25 (Mar 12, 2011)

Hi there!!

I just wrote typed mine up with a title such as joint statement regarding nature of household and then both my partner and I signed them at the bottom. We didn't get them witnessed. We also didn't get our history of relationship statements witnessed. We just ensure that all official documents were certified, I.e. Passports, birth certificates etc and that all statements/stat decs done by others were witnessed.


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## theskyisblue (Sep 28, 2010)

Hi olex

There is a proforma statutory declaration that you can use (and information) on this link:

Statutory declarations

You should indeed get it witnessed -- important!

DIAC will give little weight to how Tjw25 has done his statements as they are not official. ie its a criminal offence to write anything in an official stat dec that is false (it comes under Commonwealth law), therefore DIAC will give more weight to this type of statement.


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## francesco_totti (Sep 2, 2010)

theskyisblue said:


> Hi olex
> 
> There is a proforma statutory declaration that you can use (and information) on this link:
> 
> ...


Hi there,

Since mine are all prepared, witnessed on blank paper with the title "Statutory Declaration" and ready to go (tomorrow is D-DAY), is that still OK or do I need to re-do them on an official form?

Thanks,

FT


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## Tjw25 (Mar 12, 2011)

theskyisblue said:


> Hi olex
> 
> There is a proforma statutory declaration that you can use (and information) on this link:
> 
> ...


The partner migration booklet says that statements can either be on ordinary writing paper or a stat dec form may be used, it then goes on to say that all stat decs need to be witnessed which is why we didn't get ours witnessed as we did them in statement form and they were statements not sat decs. When we handed in our visa application we spoke to the man and told him what we hadn't had certified and witnessed and he said this was fine. To say they will give little weight to how we have done our statements is unfair, they may not be stat decs but then immigration don't require such statements to be in stat dec form!


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## theskyisblue (Sep 28, 2010)

hi francesco,
you don't need to use the proforma as such, it should be ok that you wrote Stat Dec on the top of it -- & the persons witnessing it (JP?) should have asked you at the time that you're aware that if you state anything falsely you risk serious consequences.

Hi Tjw25- you'll find with any government department or law enforcement agency that a witnessed statutory declaration will carry more weight -- you can write anything on a statement, but with a stat dec you're acknowledgin g that you understand you can be prosecuted (if its false) under the Criminal Code. Its a far more serious undertaking!


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## francesco_totti (Sep 2, 2010)

theskyisblue said:


> hi francesco,
> you don't need to use the proforma as such, it should be ok that you wrote Stat Dec on the top of it -- & the persons witnessing it (JP?) should have asked you at the time that you're aware that if you state anything falsely you risk serious consequences.
> 
> Hi Tjw25- you'll find with any government department or law enforcement agency that a witnessed statutory declaration will carry more weight -- you can write anything on a statement, but with a stat dec you're acknowledgin g that you understand you can be prosecuted (if its false) under the Criminal Code. Its a far more serious undertaking!


Thanks for your message. Yep the JP did ask me all the regular questions and warn me of the consequences. Thanks for the clarification.
FT


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## dan (May 16, 2011)

Tjw25 said:


> Hi there!!
> 
> I just wrote typed mine up with a title such as joint statement regarding nature of household and then both my partner and I signed them at the bottom. We didn't get them witnessed. We also didn't get our history of relationship statements witnessed. We just ensure that all official documents were certified, I.e. Passports, birth certificates etc and that all statements/stat decs done by others were witnessed.


was your visa approved based on this??

or is it just what you have done and you haven't received a decision yet?


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## Tjw25 (Mar 12, 2011)

Hi all,

I understand that stat decs have legal consequences should anything contained in them be false and maybe in hindsight I should have got them witnessed, worse case scenario I assume is that my case officer asks for witnessed ones? I was just under the impression (through things I have read) that statements written by the applicant and sponsor did not need to be witnessed or in stat dec form.


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## Tjw25 (Mar 12, 2011)

Based on what the man I spoke to at immigration said, I still have two months or so to wait until I get a case officer so should I send in witnessed copies of the statements or should I wait and see if they ask for them??


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## francesco_totti (Sep 2, 2010)

Tjw25 said:


> Based on what the man I spoke to at immigration said, I still have two months or so to wait until I get a case officer so should I send in witnessed copies of the statements or should I wait and see if they ask for them??


In which city did you lodge your application?


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## Tjw25 (Mar 12, 2011)

In Melbourne...


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## francesco_totti (Sep 2, 2010)

Tjw25 said:


> In Melbourne...


OK, well good luck to you and also to me, I'm lodging mine in Sydney tomorrow (sign of the cross)!


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## Tjw25 (Mar 12, 2011)

Good luck to you too... It will be interesting to here what the current waiting time for Sydney is. I handed mine in on the 24th June and was told the current waiting time is 9 months, which is okay with me, at least I'm out here and waiting!


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