# Statutory Declaration and evidence for 801 visa



## DylanW (Jan 26, 2011)

Hi All,

Immigration finally sent out my paperwork this week to start collecting all my documents for my 801 visa. I am excited to get everything together 

I have a few questions which I am a little confused about:

1) For the statutory declaration - Can I have a JP witness it?

2) On the statutory declaration under point 5 it asks "Describe financial commitments you and your partner share etc." then it says "(Please provide evidence of this financial commitment)" - I have written out an entire paragraph about how everything we own/operate is joint such as bank accounts & private health care (I dont even have a separate account). I have though about possibly printing out a copy of my HCF card with both our names on it but other than that I am not really sure how/what proof to supply? Even though we share the same bank accounts/credit cards, my credit card only have my name on it. Surely the fact that we are married and we are supplying a marriage certificate should be enough proof.

3) On the next page it asks us to describe our social activities and then again asks for proof. Can I just provide a few photo's from our wedding and overseas trips?

Thanks,
Dylan


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## MarkNortham (Dec 19, 2012)

Hi Dylan -

Answers below:

1) Yes. In Australia JP's cannot charge a fee. Make sure you don't sign the document until asked to by the JP, and consider making a copy of the signed document so you have a certified copy of the original witnessed statement.

2)The marriage certificate is not enough proof, sadly, due to the number of people who enter into sham marriages just for a visa. Hence all the relationship evidence needed, statements, etc. Certified copies of statements from banks, health care, etc with both of your names on it at the address you live at are excellent. Otherwise, separate statements from each of your credit cards, but still showing the same address can be helpful.

3) Ideally 10-20 photos would be good - copy onto A4 paper (colour photos) and then put a caption under each one stating who's in the photo and where it was taken, etc. If you feel the relationship evidence may be weak, consider adding 2-3 more statements from family/friends describing how they view your relationship with your wife, things you've all done together, etc.

Hope this helps -

Best,

Mark Northam


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## DylanW (Jan 26, 2011)

Thanks again Mark. Your help is always appreciated.


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## DylanW (Jan 26, 2011)

Mark can a policeman be witness to my statutory declaration?


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## CollegeGirl (Nov 10, 2012)

winikd said:


> Mark can a policeman be witness to my statutory declaration?


I'm not Mark, but if you look at the Partner Migration Booklet there's a list in there, and a link to additional options.

It's on page 28/29. http://www.immi.gov.au/allforms/booklets/1127.pdf


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## DylanW (Jan 26, 2011)

Thanks CollegeGirl - that's answers it for me  hopefully by tomorrow ill have everything together to send off on Monday.


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## MarkNortham (Dec 19, 2012)

Hi -

Yes, a police officer is authorised to witness a statutory declaration in Australia.

Thanks,

Mark Northam


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## DylanW (Jan 26, 2011)

Hi Mark & CollegeGirl,

I have put together 2 x plastic sleeves which I believe to be all the correct documents and enough evidence to go ahead and submit either on Monday or Tuesday but I thought I would ask your opinions and see if you would suggest anything else that should be included. Here is a list of what I have done:

1) Completed Check list,
2) Completed Stat Dec Partner,
3) Completed Stat Dec Sponsor,
4) Included certified copy of marriage certificate,
5) Original AFP clearance certificate,
6) Certified copies of both our passports,
7) 1 x completed form 888 by a friend of mine,
8) Certified copies of both our drivers licenses showing we have the same surnames and address,
9) A print out of our engagement notification from facebook which includes lots of "likes" and comments from friends and family congratulating us,
10) A print out of the first picture a friend of mine put on facebook during out weeking which includes all the "likes" and comments from friends and family congratulating us,
11) The first page of our recent mortgage application which shows both our details as its going to be a joint mortgage,
12) An email from our mortgage broker at Westpac telling us that our joint mortgage has been approved etc,
13) A friends wedding invite which includes both our names,
14) 3 x travel itineraries which include both our names from 3 separate trips overseas, 
15) A signed letter about our relationship from my mother in law,
16) A certified copy of my HCF private healthcare card which includes both of us on it 
17) 25 x photo of us including wedding, overseas (different trips/countries) & interstate travel with family visiting from SA. (I have written descriptions on the back of each).

Thanks again,
Dylan


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## MarkNortham (Dec 19, 2012)

Hi Dylan -

Thanks for the note - hard to comment on relationship evidence without seeing it. Based on the list, it looks like you've covered a lot. My thoughts:

* Note that you need 2 statutory declarations from Australian citizens or PR (usually on form 888) and they must be no older than 6 weeks prior to the application date of your visa. I noted you only had 1 form 888. Maybe turn the signed letter from the mother in law to an 888?

* If you were our client, I would advise you to get several more statements from friends, family and business associates to strengthen your application package.

* Do your statements cover details of how you share your lives together, your plans for the future, how you manage your household together, etc? This would be very important.

* Have you gone over your forms (47SP, 40SP, 80) very carefully to make sure that all info is provided & accurate? Especially check the relationship dates questions, as they can be confusing.

* Any unusual issues in your or your partner's past (visa refusals or cancellations, convictions, health issues, etc) that need explaining?

That's it at this point - please advise if I can provide any further assistance.

Best,

Mark Northam


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## DylanW (Jan 26, 2011)

Hey Mark,

Thanks for the feedback but i'm not sure if we are on the same page. I have had my 820 visa for 2 years and I have received a request for further information for my 801 visa.

Why I say I am not sure if we are on the same page is because the check list which was provided doesn't even ask for any 888 forms. I thought it wouldn't hurt to include one.

Also no where does it ask for me to complete 47SP, 40SP, 80 which were completed in my first stage of my application.

* Do your statements cover details of how you share your lives together, your plans for the future, how you manage your household together, etc? This would be very important.

Both of us completed our Stat Dec's which included sections asking us about how we share our lives together and plans for the future as well as how we handle our finances.

* Any unusual issues in your or your partner's past (visa refusals or cancellations, convictions, health issues, etc) that need explaining?

Absolutely no issues with my wife's past. She is Australian born and has never sponsored or been in any trouble what so ever nor does she have any health issues. I also know the checklist says that if the sponsor provided a AFP certificate during stage one then it isnt necessary for stage 2.

I am a little confused because I have gone over everything and I am 100% sure there is no mention of forms 47SP, 40SP, 80.

Cheers,
Dylan



MarkNortham said:


> Hi Dylan -
> 
> Thanks for the note - hard to comment on relationship evidence without seeing it. Based on the list, it looks like you've covered a lot. My thoughts:
> 
> ...


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## MarkNortham (Dec 19, 2012)

Hi Dylan -

My apologies! For some reason I thought you were asking about an 820/801 application, and didn't realise you already had held the temporary portion of the visa for 2 years and were only referring to the second-stage application.

Not enough sleep for me these days!

Based on my now-corrected understanding of your application, your list looks fine - you've even lumped in more than is requested, which is great.

Best,

Mark Northam


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## DylanW (Jan 26, 2011)

Thanks Mark. Your reply has officially taken a load off my shoulders.

Thanks a lot for all the help.


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## DylanW (Jan 26, 2011)

Hey Mark,

Last question I promise 

My document pack was unfortunately sent to the migration agent I used for my 820 visa. After letting him know I wasnt using him for my 801 visa he spent my pack from Queensland to NSW last week Thursday and it has yet to arrive. I believe it may be lost.

I found all the documents I needed to complete online. As per my above post you have seen the amount of info I put together..

Today I bought a large envelope and I have addressed it and I want to send it tomorrow on platinum express.

I guess my questions are as follow:

1) I understand that I dont have and cant replace the acknowledgement card which Immigration uses to let you know that your application has been received. There is nothing I can do about that or is there? Also do you think its ok? I guess if im sending platinum express I will be able to monitor and see when its delivered anyways.

2) I obviously dont have the self addresses envelope so I am assuming just addressing it to the partner permanent processing centre in Melbourne should be ok?

Cheers,
Dylan


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## MarkNortham (Dec 19, 2012)

Hi -

Happy to help. Re: ack card, nothing you can do there, but since you're sending it Platinum Express you'll have proof of delivery. Best to followup a couple of weeks later to try and get them to confirm delivery.

Re: Assuming the applicant is in Australia when lodging the 801 papers, yes send it to Melbourne:

Partner (Permanent) Processing Centre - Melbourne

If you're outside Australia, it goes to the Brisbane Centre.

And make sure to keep a copy of EVERYTHING you send!

Best,

Mark Northam


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## DylanW (Jan 26, 2011)

awesome, ta! I am going to post them off at 9am


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## jennyjiang2014 (Apr 19, 2014)

MarkNortham said:


> Hi Dylan -
> 
> Answers below:
> 
> ...


Hi Mark, just wondering for the Statutory Declaration form regarding to Partner Visa Subclass 801, can the answers provided by the applicant and sponsor be the same? Or we each need to provide different answers? Thanks a lot.


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## MarkNortham (Dec 19, 2012)

Hi Jenny -

Thanks for the question. My view is that it's better if the applicant and sponsor each use their own words to respond to the questions in the stat dec forms for the second (permanent) stage partner visa documentation.

Hope this helps -

Best,

Mark Northam



jennyjiang2014 said:


> Hi Mark, just wondering for the Statutory Declaration form regarding to Partner Visa Subclass 801, can the answers provided by the applicant and sponsor be the same? Or we each need to provide different answers? Thanks a lot.


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## Dang87 (Jun 22, 2014)

Hi mark
I just recieve a letter from immi they want a stats from both of our (me n my wife)parents to acknowledge of our spousal relationship instead the reference i filed with my online partner visa. My wife parents travel overseas yesterday for three months. What i should do now?


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## MarkNortham (Dec 19, 2012)

Hi Dang87 -

You may want to get professional assistance. Alternatively, ask the case officer if, since they are traveling for 3 months, signed statements with local witnessing by a JP or other authorised person in whatever country they are in will be sufficient if there is not an Australian Embassy that they can visit, since statutory declarations can only be witnessed on Australian soil or at an embassy, etc.

Hope this helps -

Best,

Mark Northam


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## showib49 (Oct 5, 2014)

Hi Mark,

Recently I got my PR from Pakistan and arrived here in Australia in August 2014. 20 days before departure I got married to a divorcee in Pakistan who has a baby child girl. Both of our families are very much religious (Islamic) so our marriage took place with simplicity. I had only three photographs of our marriage that were found from my brother mobile. Now a days we are talking on "Talkray" as phone calls are expensive from Pakistan to Australia. I have its record in screenshots. I am new in Australia so I don't know any one having PR or Citizrnship of Australia. My spouse submitted documents in Pakistan embassy and they required.
1-
Affidavit/Statutory declaration written by at least 2 persons from family
members in Pakistan in order to witness and support your relationship.
Persons who provide these statements should state reason of how they
believe in your relationship, how they are related to the applicant/sponsor
and they should attach their photocopy of NIC or Passport. These
statements should be attested by an oath commissioner.

2-
Statutory declaration (Form 888) by supporting witnesses relating to a
partner visa application (at least 2 persons and please state how the
supporting witness related to the applicant/sponsor). You should attach
photocopy of the witness’s Australian passport or evidence of permanent
residency. 

What should I do with these two things?


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## MarkNortham (Dec 19, 2012)

Hi Showib49 -

Thanks for the note. My guess is that DIBP is not satisfied with the existing relationship evidence you've provided, and is looking for these statements to help convince them that there is sufficient evidence that your relationship is genuine. Note that from DIBP's point of view, having a valid marriage (legal marriage) is not the same as establishing that the relationship that is evidenced by or caused that marriage, is genuine.

My view is that you need to do anything and everything to give them what they want, and even put in more statements than they've asked for if possible. The application (in my estimation) may be in trouble re: genuine relationship, and you're now in the position of being given an opportunity to solve the lack of evidence problem - the next step is refusal or grant, and likely will depend on what you submit.

You may want to run your statements by someone experienced in these matters to get a second opinion, or otherwise get assistance given the importance the statements are likely to pose in the final decision.

Hope this helps -

Best,

Mark Northam



showib49 said:


> Hi Mark,
> 
> Recently I got my PR from Pakistan and arrived here in Australia in August 2014. 20 days before departure I got married to a divorcee in Pakistan who has a baby child girl. Both of our families are very much religious (Islamic) so our marriage took place with simplicity. I had only three photographs of our marriage that were found from my brother mobile. Now a days we are talking on "Talkray" as phone calls are expensive from Pakistan to Australia. I have its record in screenshots. I am new in Australia so I don't know any one having PR or Citizrnship of Australia. My spouse submitted documents in Pakistan embassy and they required.
> 1-
> ...


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## lovetocare (Oct 5, 2014)

last month , before I received my partner visa 820 . I required to submit all documents that mostly stage 2 (visa 801) required . I dont know when I will be received a letter to provide more info for visa 801. Iam not sure , do I have to provide those documents that I just sent to the immigration? have any idea anyone ?


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## Oh8'sjustme (Feb 20, 2014)

lovetocare said:


> last month , before I received my partner visa 820 . I required to submit all documents that mostly stage 2 (visa 801) required . I dont know when I will be received a letter to provide more info for visa 801. Iam not sure , do I have to provide those documents that I just sent to the immigration? have any idea anyone ?


Hi G'day!

Lovetocare we usually sent in more documents when applying 820. When you are eligible for 801 or close to your eligibility date, that's where you going to received a letter or notification from Immigration on what documents you need to provide to them for your 801. Depends on what document they are going to asked you then Yes! you will be required to provide it.


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## lovetocare (Oct 5, 2014)

Oh8'sjustme said:


> Hi G'day!
> 
> Lovetocare we usually sent in more documents when applying 820. When you are eligible for 801 or close to your eligibility date, that's where you going to received a letter or notification from Immigration on what documents you need to provide to them for your 801. Depends on what document they are going to asked you then Yes! you will be required to provide it.


Thank for reply my quote 
So I have to provived what ever I have recently submitted ,is that right? For Example of the Police check , it cost me $48 dollars to apply and submitted in the previous requirement (just last month)( they required to submit it as a original no copy . will they ask for another one and submitted again ?

sorry , just in the tight budget


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