# Form 888 - for Partner Visa 820 - Can I witness it??



## Amandy (Sep 16, 2009)

Just a random question:

I am an authorised person to witness a Statutory Declaration. 

I am the wife and sponsor of the 820 visa applicant. 

Can I sign the Form 888 that our family are writing?

The Attorney-General's website states there is no objection to a family member or relative witnessing a Statutory Declaration. 

I rang up DIBP and asked if I could, but the operator was extremely uninformed about EVERY question I asked regarding my case and gave me so much incorrect information that I couldn't trust a word he said (sigh). 

If there is no law against it, what can DIBP do if I witness the Form 888? 

The purpose of someone signing is to affirm they are the person who they write on the Form 888 and that they are telling the truth to the best of my knowledge. Who better to know that than me? Right?

It's just a hassle to get my mum and sisters to get it witnessed by someone else, when I am perfectly capable.

Any thoughts? Experiences?


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## Dinkum (Jan 5, 2014)

I am a sponsor/partner like you, and also a JP for many years. I would strongly advise you not to witness any stat decs or 888s as a witness should be seen to be independent. I know it can be a hassle, but the whole process is like that I'm afraid. You can get JPs in most courthouses, and there are many other types of approved witness. We got all our documents witnessed by a JP in the nearby courthouse. Hope this helps.


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## kangaroogirl (Aug 25, 2012)

I wouldn't think it's a good idea even if it's technically Ok. 

I was even concerned about how it looked having a friend who wrote one of our 888s witness our statements....I thought they might see it as suspicious or something.

I would just get someone else to do it honestly..


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## Amandy (Sep 16, 2009)

Dinkum said:


> I am a sponsor/partner like you, and also a JP for many years. I would strongly advise you not to witness any stat decs or 888s as a witness should be seen to be independent. I know it can be a hassle, but the whole process is like that I'm afraid. You can get JPs in most courthouses, and there are many other types of approved witness. We got all our documents witnessed by a JP in the nearby courthouse. Hope this helps.


A JP is completely different. They actually are NOT allowed to sign a family member's documents as per the Attorney's General department. 
Yeah it 'looks' weird, to them, but legally, not an implication whatsoever. What's the worst that can happen? They say sorry we can't accept it? They aren't allowed because there are no legal or moral implications listed anywhere. I'd even think it was better than getting a total stranger to sign because at least I know who that person is, which is the purpose of a Statutory Declaration.
I don't want to hassle my family to find someone, they've already had to do the form 888s a few years ago for my ex's 309! Lol. I feel like I am inconveniencing them.
Thanks anyways guys, I will see if I can come to a decision about this. Hubby insists someone else sign them. My bestie can sign them, but who will sign her form 888 ..


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## kangaroogirl (Aug 25, 2012)

Amandy said:


> A JP is completely different. They actually are NOT allowed to sign a family member's documents as per the Attorney's General department.
> Yeah it 'looks' weird, to them, but legally, not an implication whatsoever. What's the worst that can happen? They say sorry we can't accept it? They aren't allowed because there are no legal or moral implications listed anywhere. I'd even think it was better than getting a total stranger to sign because at least I know who that person is, which is the purpose of a Statutory Declaration.
> I don't want to hassle my family to find someone, they've already had to do the form 888s a few years ago for my ex's 309! Lol. I feel like I am inconveniencing them.
> Thanks anyways guys, I will see if I can come to a decision about this. Hubby insists someone else sign them. My bestie can sign them, but who will sign her form 888 ..


Many workplaces have a commissioner of declarations especially if she works in an office environment, I've got 3 or so in my office.

I guess it's up to you. I would just be thinking....The CO is only human, it could plant a seed of something in their mind. I don't know, just seems a bit funny. That's just me though


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## CCMS (Oct 10, 2013)

It might technically be ok, but my preference would be to get forms 888 and stat.decs. witnessed by an outsider.


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## Maggie-May24 (Jul 24, 2011)

While it may be technically ok, I think it looks better if the witness is someone else.

Likewise, in my job I prepare and lodge the nominations for our employees' 457 and 186 visas. I had my boss lodge mine since I didn't want it to appear dodgy that I did my own. I figure the fewer things for DIBP to question, the better.


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## CCMS (Oct 10, 2013)

My preference is to have these things witnessed by a JP, if at all possible, but I haven't had any issues with others witnessing stat. decs. and forms 888.

I have used documents that were certified by family members and that has never been an issue. I have never dealt with statements that were witnessed by the sponsor.

I just think it increases the overall credibility of the application if statements are witnessed by someone not involved in the application.

*Witnessing for family members*

You are allowed to witness statutory declarations for family members if you are on the list of authorised witnesses.

If you are a Justice of the Peace, this may not be the case as different rules may apply to you under the relevant state or territory code of conduct.

http://www.ag.gov.au/Publications/Pages/Statutorydeclarations.aspx


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