# Can Non-Australians complete a Stat Dec and if so, how?



## Aventador (Dec 15, 2014)

Hey everyone,

Me and my partner applied for a Defacto Partner VISA in August last year. We meet the 12 month living together requirment and everything that is required for a Defacto Partner VISA. We have uploaded about 8 Stat Decs from my family and friends to prove we are in a genuine defacto relationship and we have been living together for 12 months.

However during the 12 months living together I went and lived with my partner in their country. So we are now thining we should perhaps get some Stat Decs done by family and friends in my partners country.

Is it possible for Non-Australians to complete the Form 888 Stat Dec? And if so, how do they go about getting it stamped and so on to prove they are the ones that wrote the document? Obviously in Australia we can go to a Police Station or whatever, however Police Stations overseas would not know how to process an Australian legal document.

So how does it work and is it even possible?


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## jp1985 (Apr 1, 2014)

Yes you can.

You need to get it signed witnessed by a notary public when the stat dec is not made in Australia. 

It is called Justice of Peace in Australia.


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## Aventador (Dec 15, 2014)

The next step is trying to find out where a 'Notary Public' is in Denmark. I am guessing it will be a court of some sort in Denmark that will have someone working there that can sign this stuff.

I would just hate for my partners mother to drive to a court and ask to have it witnessed and signed off, only to be told they don't do it.


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## cdninoz (Jul 5, 2012)

To answer your question, anyone in Australia (or any other country that has statutory declarations in law) can complete a Statutory Declaration.

With respect to Form 888, only Australian Citizens or PRs can fill out that form. I believe the form states this at the front.

If you want someone to legally attest to something, you can get them to do a statutory declaration or equivalent in whatever country they live in (believe in the USA it would be an affidavit). It is simply a written statement that is certified and sworn by them as true. That's all a statutory declaration is.

Form 888 is a specific format of a Statutory Declaration developed by immigration and only valid from Australian Citizens or PRs.

Not sure what system Denmark has in place for people to certify that something they wrote is the truth, but sure there is something. Otherwise, you may be able to get some help from the Australian embassy. Notarial services - Australian Embassy


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## Aventador (Dec 15, 2014)

So what applies to people living in Australia, but they are not Australian Citizens?

My house mate was on a Study VISA and was a citizen of another country. Can he still complete the form 888 in this case as he is living in Australia???


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## Canegirl (Oct 7, 2013)

Aventador said:


> So what applies to people living in Australia, but they are not Australian Citizens? My house mate was on a Study VISA and was a citizen of another country. Can he still complete the form 888 in this case as he is living in Australia???


No he can't. As mentioned above anyone doing a 888 needs to be an Australian citizen or PR.

Your friends could do the commonwealth statutory declarations or they could just do witness statements.


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## scattley (Jan 26, 2010)

Aventador said:


> So what applies to people living in Australia, but they are not Australian Citizens?
> 
> My house mate was on a Study VISA and was a citizen of another country. Can he still complete the form 888 in this case as he is living in Australia???


They cannot complete the form. It's very clear on the front page that if in Australia only PR visa holders or Citizens can attest to your relationship.

It's also clear that unless you, the visa applicant, is outside of australia when submiting the application the overseas supporters must also be PR or citizens. It's only when the applicant, you, is overseas submitting the application that non citizens/PRs can sign and declare your relationship.


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## CCMS (Oct 10, 2013)

Form 888

Purpose of this form

When assessing a Partner or Prospective Marriage visa application, the Department of Immigration and Border Protection (the department) must consider the social aspects of the claimed relationship. The department will use the information provided in this form (your statements), among other things, to assess these aspects. The department's policy is that these statements be provided in the form of statutory declarations. You may use this form, or alternatively, you may use the statutory declaration template, which is available on the Attorney-General's Department website at www.ag.gov.au

About this form

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.

Note: 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. The person completing this form must provide evidence of their current name, age and, where applicable, Australian citizenship or Australian permanent residency (for example, a certified copy of the birth certificate, Australian passport or passport containing a permanent visa). All copies must be certified.


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## Aventador (Dec 15, 2014)

Thanks everyone. But it leaves me stuck.

My old housemate - who can back up that me and my partner were living together - is in Australia on a Student VISA.

So what form should he fill out that the immigration department will accept as proof?

This whole process is exhausting and so frustrating. I have the people in my life trying to help to prove what we are saying is true, but they can't fill out forms to do this.....

Any help here would be great. Links to what other forms we need to fill out would be better!

Cheers.


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## NiallC33 (Feb 3, 2014)

i got my mom to write hers on a word document. she signed it, brought her passport, a photocopy of her passport and went to a police station. got the police to stamp and sign it and also her copy of her passport and we submitted it and it was accepted


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## CollegeGirl (Nov 10, 2012)

What it boils down to is this: Since you are an onshore applicant, you need at least 2 Aussie PRs or citizens to fill out the 888 form for you. You MUST find 2. 

It is actually perfectly okay for other people to use the Form 888 (see the bottom part of what CCMS posted) but they can also just use plain paper if they are outside of Australia. People inside Australia can use the 888 (even if they aren't PR/citizen) or Commonwealth Stat Decs.


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## Engaus (Nov 7, 2013)

Yeah there is a fair bit of incorrect information on this thread lol

Non Australian citizens and PR can DEFINITELY complete a form 888 - it just won't be counted as a stat dec - that's all.

OP if I was in your situation, and knowing that you already have all the form 888's you need and so this is purely to help support your claim of living together - I would:

1. For your housemate who is not a PR/Citizen - have him write on the form 888/plain bit of paper/commonwealth stat dec (really doesn't matter!) confirming that you lived together (maybe try to get him to talk about what he saw you doing as a couple - e.g cooking together). Once he has done that get him to have the document witnessed by someone listed on the form 888. Whilst this doesn't make it a stat dec i personally feel having it witnessed adds additional weight to the statement anyway. 

2. For your mother in law in Denmark. Have her write a statement - again on the form 888/plain bit of paper or however she likes. Ideally this should be signed by a notary as this is the equivalent of a stat dec in Australia. But if that's not possible then have it signed by a police officer or someone of stature. 

You have a lot of the more important evidence of you having lived together this is just more like the cherry on top - so don't stress too much about it. Concentrate on getting the information down by your friend and mother in law in Denmark. That's the most important thing


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## CCMS (Oct 10, 2013)

It does not really matter what form you use. Form 888 is a customised statutory declaration that specifically addresses the social aspects of the relationship . 

Non-Australians in Australia can just use a standard statutory declaration. 

Non-Australians overseas can use Form 888, a local form of statutory declaration / affidavit or just a signed letter. 

In all cases include a certified passport copy or other id.


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