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The Australia Statutory Declaration Partner Visa form is a crucial document for individuals seeking to sponsor their partners for a visa. This form serves as a formal declaration under the Statutory Declarations Act 1959, affirming the authenticity of the relationship between the sponsor and their partner. It requires the sponsor to provide essential details, including their full name, address, and occupation, along with similar information about their partner. The form includes specific declarations about the nature of the relationship, emphasizing mutual commitment and the genuine, ongoing nature of the partnership. Sponsors must detail their living arrangements, financial commitments, and shared responsibilities, which may include joint bank accounts or property ownership. Additionally, the form prompts sponsors to describe social aspects of their relationship, such as joint activities and emotional support. A signature is required from both the declarant and a qualified witness, underscoring the importance of accuracy and honesty, as false declarations can lead to serious legal consequences. Completing this form accurately is essential for a successful visa application process.

Preview - Australia Statutory Declaration Partner Visa Form

Commonwealth of Australia

STATUTORY DECLARATION PARTNER VISA (SPONSOR)

Statutory Declarations Act 1959

1 Insert the full

I,1

name, address* and occupation of person making the declaration

2Insert the full name of your partner

make the following declaration under the Statutory Declarations Act 1959:

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

3Insert the full name of your partner

4 Delete whichever is inapplicable

5Insert the year your spousal relationship commenced.

6Insert number of months or years.

2.That our relationship is genuine and continuing.

3.

That 3

 

and I:

 

(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.

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.

7.Describe the social aspects of your relationship including social activities, attending special events or joint travel you and your partner undertake.

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.

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.

7Signature of person making the declaration

8 Place

9Day (eg, sixth)

10 Month and year

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

12 Signature of person before whom the declaration is made

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

7

Declared at 8

on 9

of 10

Before me, 11

12

13

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.

*"address" means the place at which, or through which, a person may be contacted, and includes a postal address, but does not include the person’s email address.

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

(c)exercising his or her function in that place

Employee of the Commonwealth who is:

(a)in a country or place outside Australia; and

(b)authorised under paragraph 3 (c) of the Consular Fees Act 1955; and

(c)exercising his or her function in that place

Fellow of the National Tax Accountants’ Association

Finance company officer with 5 or more years of continuous service

Holder of a statutory office not specified in another item in this list

Judge of a court

Justice of the Peace

Magistrate

Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961

Master of a court

Member of Chartered Secretaries Australia

Member of Engineers Australia, other than at the grade of student

Member of the Association of Taxation and Management Accountants

Member of the Australasian Institute of Mining and Metallurgy

Member of the Australian Defence Force who is:

(a)an officer; or

(b)a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or

(c)a warrant officer within the meaning of that Act

Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants

Member of:

(a)the Parliament of the Commonwealth; or

(b)the Parliament of a State; or

(c)a Territory legislature; or

(d)a local government authority of a State or Territory

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961

Notary public

Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public

Permanent employee of:

(a)the Commonwealth or a Commonwealth authority; or

(b)a State or Territory or a State or Territory authority; or

(c)a local government authority;

with 5 or more years of continuous service who is not specified in another item in this list

Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made Police officer

Registrar, or Deputy Registrar, of a court

Senior Executive Service employee of:

(a)the Commonwealth or a Commonwealth authority; or

(b)a State or Territory or a State or Territory authority

Sheriff Sheriff’s officer

Teacher employed on a full-time basis at a school or tertiary education institution

Document Specifics

Fact Name Description
Governing Law The Statutory Declaration Partner Visa form is governed by the Statutory Declarations Act 1959.
Required Information The form requires the full name, address, and occupation of the person making the declaration, as well as details about the partner.
Relationship Commitment Declarants must affirm a mutual commitment to a shared life with their partner, whether as a spouse, de facto partner, or interdependent partner.
False Statements Penalty Making a false statement in this declaration can lead to a penalty of up to 4 years imprisonment under section 11 of the Statutory Declarations Act 1959.

Australia Statutory Declaration Partner Visa: Usage Instruction

Completing the Australia Statutory Declaration Partner Visa form requires attention to detail and a clear understanding of your relationship with your partner. This form serves as an important document in the visa application process, ensuring that your commitment is formally recognized. Here are the steps to guide you through filling out the form accurately.

  1. Provide Your Information: Start by entering your full name, address, and occupation in the designated fields.
  2. Partner's Full Name: Write the full name of your partner as it appears on their official documents.
  3. Mutual Commitment Statement: Declare your mutual commitment to a shared life. Specify whether you are in a marriage, de facto relationship, or interdependent partnership.
  4. Relationship Details: Indicate the year your relationship commenced and the duration (in months or years) that you have been together.
  5. Living Arrangements: State whether you live together or separately. If you live together, provide details about your living situation.
  6. Financial Commitments: Describe the financial commitments you share, such as joint bank accounts, property ownership, or any other shared financial responsibilities.
  7. Household Responsibilities: Outline your household arrangements, including how you share responsibilities for care and support of children, as well as household chores.
  8. Social Aspects: Discuss the social aspects of your relationship. Include activities you enjoy together, special events you attend, or trips you take as a couple.
  9. Emotional Commitment: Explain the emotional support you provide each other and your views on the long-term nature of your relationship.
  10. Signature: Sign the declaration, ensuring that you understand the legal implications of providing false information.
  11. Date and Place: Fill in the date and place where the declaration is made.
  12. Witness Information: Include the full name, signature, and qualifications of the person before whom the declaration is made.

Once you have completed the form, review it carefully for accuracy. Ensure all required sections are filled out, as missing information can lead to delays in processing your application. After confirming that everything is correct, proceed with the next steps in your visa application process.

Learn More on Australia Statutory Declaration Partner Visa

What is the purpose of the Statutory Declaration Partner Visa form?

The Statutory Declaration Partner Visa form is a legal document that helps demonstrate the authenticity of a relationship between a sponsor and their partner. It serves to confirm that the couple has a genuine and continuing relationship, which is essential for the visa application process.

Who is required to complete this form?

The sponsor of the partner visa application must complete this form. This is the person who is an Australian citizen, permanent resident, or eligible New Zealand citizen and is supporting their partner's visa application.

What information do I need to provide about my partner?

You will need to provide your partner's full name, address, and occupation. Additionally, you should include details about your relationship, such as when it began and how long you have been together.

What types of relationships are recognized in this form?

The form recognizes several types of relationships, including:

  • Married couples
  • De facto partners
  • Interdependent partners

It is important to select the correct type of relationship that applies to you and your partner.

What should I include regarding financial commitments?

Describe any financial commitments you share with your partner. This may include joint bank accounts, shared ownership of property, pooling of financial resources, and how you manage day-to-day household expenses. Providing clear examples can strengthen your declaration.

How do I describe my household arrangements?

In this section, you should detail your living arrangements, including whether you live together or separately. If you have children, mention any joint responsibilities for their care and support. Discuss how household chores are shared, as this helps illustrate your partnership dynamics.

What social activities should I mention?

Include information about social activities you participate in together. This can encompass attending events, traveling, or spending time with family and friends. Highlighting these experiences demonstrates the social aspect of your relationship.

What does it mean to have a commitment to each other?

Discuss the emotional and companionship support you provide each other. Describe your view of the relationship's future, emphasizing its long-term nature. This section is crucial for showcasing the depth of your connection.

What happens if I provide false information?

Providing false information in a statutory declaration is a serious offense. It may result in legal consequences, including imprisonment. It is vital to ensure that all statements made in the declaration are truthful and accurate.

Who can witness my statutory declaration?

A variety of professionals can witness your statutory declaration, including legal practitioners, medical professionals, and registered teachers. Ensure that the person witnessing your declaration meets the necessary qualifications outlined in the form.

Common mistakes

Filling out the Australia Statutory Declaration Partner Visa form can be straightforward, but many make critical mistakes that can delay the process. One common error is failing to provide complete and accurate information. For instance, when entering the full name, address, and occupation, any missing detail can lead to complications. Ensure all fields are filled out completely, as incomplete information may cause the declaration to be rejected.

Another frequent mistake involves the relationship details. Applicants often forget to specify whether they live together or separately. This section is essential as it clarifies the nature of the relationship. Misrepresenting living arrangements can have serious implications. Always double-check that the correct option is selected and that the dates provided for when the relationship began are accurate.

Financial commitments are another area where applicants stumble. Many do not fully describe shared financial responsibilities, which is crucial for demonstrating the genuineness of the relationship. Be specific about joint bank accounts, property ownership, and how household expenses are managed. Vague descriptions will not suffice; clear, detailed information is necessary.

Social aspects of the relationship are equally important. Applicants sometimes overlook the need to detail social activities and joint experiences. This section helps illustrate the depth of the partnership. Include information about shared events, travels, and social interactions. A lack of detail here can raise questions about the authenticity of the relationship.

Lastly, some individuals fail to provide the required signatures and details of the person before whom the declaration is made. This step is crucial for the validity of the declaration. Ensure that all signatures are present and that the person witnessing the declaration is qualified to do so. Neglecting this can lead to rejection of the application.

Documents used along the form

When applying for the Australia Statutory Declaration Partner Visa, several additional forms and documents may be required to support your application. Each of these documents serves a specific purpose in demonstrating the authenticity of your relationship and your eligibility for the visa. Below is a list of commonly used forms and documents.

  • Form 40SP - Sponsorship for Partner Visa: This form is completed by the Australian partner who is sponsoring the visa application. It includes personal details, relationship history, and financial commitments.
  • Form 47SP - Partner Visa Application: This is the primary application form for the partner visa. It requires detailed information about the applicant, including personal history, relationship details, and background information.
  • Identity Documents: Applicants must provide proof of identity, such as a passport or birth certificate. These documents verify the applicant's identity and nationality.
  • Proof of Relationship: This includes evidence such as photographs, joint bank statements, or lease agreements. These documents help establish the genuineness of the relationship.
  • Police Clearance Certificates: Both partners may need to submit police checks from countries where they have lived for a significant period. This ensures that both individuals have no serious criminal history.
  • Health Examination Results: Applicants are typically required to undergo a medical examination to ensure they meet health requirements. This includes tests for communicable diseases.
  • Character References: Letters from friends or family members can support the application by providing personal insights into the relationship and the character of the applicant.

Each of these documents plays a crucial role in the visa application process. Ensure that all required forms are completed accurately and submitted in a timely manner to avoid delays in processing your application. If you have questions about any specific document or need assistance, it is advisable to seek professional guidance.

Similar forms

The Affidavit of Support is a crucial document often required in immigration processes, particularly for family-based visas in the United States. Like the Australia Statutory Declaration Partner Visa form, it serves to affirm the legitimacy of a relationship. The individual sponsoring the visa must provide personal details, including their financial status and commitment to support the immigrant financially. This document also requires a declaration of the genuine nature of the relationship, similar to how the statutory declaration emphasizes the authenticity of the partnership. Both documents aim to assure authorities of the legitimacy of the claimed relationship and the commitment of the parties involved.

Another similar document is the Marriage Certificate, which serves as official proof of a marital relationship. While the statutory declaration focuses on the mutual commitment and ongoing nature of the relationship, the marriage certificate is a legal acknowledgment of that relationship. Both documents aim to validate the connection between partners, but the marriage certificate provides a more formalized legal status. In immigration contexts, a marriage certificate can complement a statutory declaration by providing evidence of the legal union that supports the claims made in the declaration.

The Joint Bank Account Statement is another relevant document. This financial record demonstrates shared financial responsibilities between partners, akin to the financial commitment section in the statutory declaration. Both documents highlight the pooling of resources and shared expenses, which are indicators of a genuine relationship. By providing evidence of joint finances, individuals can further substantiate their claims of a committed partnership, reinforcing the narrative presented in the statutory declaration.

Power of Attorney documents also share similarities with the Australia Statutory Declaration Partner Visa form. When one partner grants the other the authority to make decisions on their behalf, it signifies a deep level of trust and commitment. This reflects the emotional and practical aspects of a relationship, similar to the declaration's emphasis on companionship and mutual support. Both documents require clear statements of intent and commitment, reinforcing the nature of the relationship in question.

Lastly, the Cohabitation Agreement is another document that aligns closely with the statutory declaration. This legal contract outlines the terms of living together, including shared responsibilities and financial arrangements. Like the statutory declaration, it serves to affirm the couple's commitment to a shared life. Both documents can provide valuable insights into the dynamics of the relationship, helping to establish its authenticity in the eyes of immigration authorities. In essence, they work together to paint a comprehensive picture of the couple's partnership.

Dos and Don'ts

When filling out the Australia Statutory Declaration Partner Visa form, it is essential to approach the process with care and attention to detail. Here are some important dos and don’ts to keep in mind:

  • Do provide your full name, address, and occupation clearly at the top of the form.
  • Do ensure that the details of your partner are also complete and accurate.
  • Do describe your relationship honestly, including the nature of your commitment and shared life.
  • Do include specific examples of financial commitments, such as joint accounts or shared expenses.
  • Don't leave any sections blank; every part of the form must be completed to avoid delays.
  • Don't provide false information, as this can lead to serious legal consequences.
  • Don't forget to have the declaration witnessed by an authorized person, as specified in the guidelines.

Misconceptions

When applying for the Australia Statutory Declaration Partner Visa, several misconceptions can lead to confusion. Here are seven common misunderstandings:

  • All partners must be married. Many believe that only married couples can apply for this visa. In reality, de facto partners and interdependent partners are also eligible.
  • The statutory declaration is optional. Some think that submitting a statutory declaration is just a formality. However, it is a crucial document that provides evidence of the relationship and must be completed accurately.
  • Financial commitments are not important. It is a misconception that financial aspects of the relationship do not matter. In fact, sharing financial responsibilities, such as joint accounts or property, strengthens the application.
  • Living together is a requirement. While many believe that couples must live together to apply, this is not strictly true. The declaration allows for couples who live apart to explain their circumstances.
  • Only one person needs to sign the declaration. Some applicants think that only the sponsor needs to sign. Both partners should be involved in the process to provide a complete picture of their relationship.
  • Emotional support is not relevant. There is a belief that emotional aspects of a relationship are unimportant. However, demonstrating companionship and emotional support is vital for a successful application.
  • Submitting false information is harmless. Some individuals may underestimate the seriousness of providing false information. It is crucial to understand that making a false declaration can lead to severe legal consequences.

Understanding these misconceptions can help applicants navigate the visa process more effectively. Clear and honest communication about the relationship will ultimately strengthen the application.

Key takeaways

When applying for a Partner Visa in Australia, filling out the Statutory Declaration form is a crucial step. Here are key takeaways to ensure you complete this process effectively:

  • Full Disclosure Required: Clearly state your full name, address, and occupation. This information is essential for the declaration's validity.
  • Partner's Information: Include your partner's full name. This establishes the relationship that the declaration is supporting.
  • Relationship Commitment: Affirm your mutual commitment to a shared life, whether as a husband and wife, de facto partners, or interdependent partners.
  • Living Arrangements: Specify whether you live together or separately. This detail can impact the assessment of your relationship.
  • Financial Commitments: Describe any joint financial responsibilities, such as shared bank accounts or property ownership, to demonstrate the seriousness of your relationship.
  • Household Responsibilities: Discuss how you and your partner share household duties and care for any children, as this reflects your partnership dynamics.
  • Social Activities: Mention any social engagements, joint travel, or events attended together, which can illustrate the social aspect of your relationship.
  • Emotional Support: Highlight the emotional connection and support you provide each other, emphasizing the depth of your relationship.
  • Legal Implications: Be aware that providing false information can lead to serious legal consequences, including imprisonment.
  • Signature and Witnessing: Ensure that the declaration is signed and witnessed by an appropriate authority, such as a legal practitioner or a registered professional.

Completing the Statutory Declaration accurately and truthfully is vital for a successful Partner Visa application. Each component serves to substantiate the legitimacy of your relationship, which is the cornerstone of the visa process.