Form 888: Partner Visa Witness Statements

What is a Form 888 for a partner visa?

A Form 888 is the Department of Home Affairs supporting statement that a friend, relative or other person who knows the couple completes to support a partner visa or Prospective Marriage visa application. The current form is titled "Supporting statement in relation to a Partner or Prospective Marriage visa application". It is attached to the application in ImmiAccount by the visa applicant or their appointed representative. Applicants who have not yet set up an account can follow our guide on how to create an ImmiAccount, and applicants who appoint a lawyer do so through Form 956.

The Form 888 exists because of the way the law defines a genuine relationship. When the Department decides whether a couple are spouses or de facto partners, it must consider all the circumstances of the relationship. Experienced partner visa lawyers build every application around those circumstances. The Migration Regulations 1994 list four aspects that must be considered: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the persons' commitment to each other. Regulation 1.15A(3)(c) for married couples and regulation 1.09A(3)(c) for de facto couples expressly include, as part of the social aspects, "the opinion of the persons' friends and acquaintances" about the relationship. This form is the main way that opinion reaches the decision maker.

The form itself says so plainly. Its purpose section states that the Department must consider the social aspects of the claimed relationship and will use the information in each statement, among other things, to assess those aspects. That is why a weak or generic statement is a lost opportunity, and why a careless one can do real damage.

This article deals with the witness side of the Form 888: who should be chosen, what each witness must cover, how the statements should fit with the rest of the application, and what happens when a witness gets something wrong. For an overview of every stage of the process, read the complete partner visa guide. Readers looking for illustrations of wording can see our separate article on Form 888 example answers and common mistakes. For the general rules on who can make a Form 888, see our earlier article on who can make a Form 888 and what it should say.

Is a Form 888 a statutory declaration?

No. A Form 888 is a supporting statement, not a statutory declaration. The witness signs a declaration on the form that they understand it is an offence under section 234(1)(b) of the Migration Act 1958 to make a false statement in connection with a visa application, and that they believe the statements in the form are true in every particular. The form does not need to be witnessed by an authorised witness under the Statutory Declarations Act 1959.

Many people still call this form a "stat dec" because older versions of the form used that title. That is out of date. The distinction matters, because in a small number of special partner visa cases the law requires real statutory declarations, and lodging a Form 888 in their place will not satisfy the requirement. One example is an onshore applicant affected by the section 48 bar, which commonly arises for people applying for a partner visa after a visa refusal, who must provide two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens, other than the partner, at the time of making the application. Those special cases have their own rules on execution and timing and are not the subject of this guide.

Why the Form 888 matters more than most applicants think

The Form 888 is often treated as a formality that is completed in the last week before lodgement. That is a mistake. Many of the documents in a partner visa application come from the couple themselves: their own relationship statements, their own photographs, their own messages. A witness statement is one of the few pieces of evidence that comes from outside the relationship.

A decision maker reading a well chosen statement is reading the account of an independent adult who has watched the relationship develop. When that account is specific, personal and consistent with everything else on file, it supports the couple's own evidence in a way that their own documents cannot. When a statement is vague, copied or contradicts the rest of the file, the decision maker is entitled to ask why. Case officers test the whole application together, which is why the Form 888 should be prepared with the same care as the rest of the material used when preparing evidence of a genuine relationship and the evidence that the relationship is genuine.

Who can be a Form 888 witness?

A Form 888 witness must be a person who is at least 18 years of age and who knows the visa applicant, knows their partner or fiancé, and knows the history of their relationship. Those are the two eligibility requirements printed on the current form. The witness must also provide documentary evidence of their current name, their age and, where applicable, their Australian citizenship or Australian permanent residence.

The phrase "where applicable" is important. The current Form 888 does not, on its face, make Australian citizenship or permanent residence a condition of making the statement. However, the Department's partner visa document guidance has for many years asked for statements from Australian citizens or Australian permanent residents, and the identity evidence section of the form is built around that expectation. In practice, My Migration Lawyers recommends that at least two of the witnesses in every application are Australian citizens or Australian permanent residents. A statement from a witness who holds neither status can still be useful evidence of the social aspects of the relationship, but it should be in addition to, not instead of, statements from witnesses with that status.

Who should not be a Form 888 witness?

The visa applicant and the sponsoring partner should never complete a Form 888 for their own application. The form is a statement by a third person about the couple. Each partner gives their own account in their own relationship statement, and the Department will read those accounts separately. A statement completed by either partner adds nothing and suggests the couple do not understand what is being asked of them.

A Form 888 witness should also not be a person who has only met the couple once, who knows only one of the partners, or who is relying on what the couple have told them rather than what they have seen. A witness who cannot explain how they know the second partner will struggle to answer the very first questions on the form. If the Department contacts that witness, the gap will be obvious.

Finally, a witness with their own credibility problems with the Department is a poor choice. A person who has had a visa refused or cancelled on integrity grounds, or who is known to have given false information in the past, may cause the decision maker to give less weight to everything they say. That is not a legal bar, but it is a practical risk that should be considered before the witness signs.

Can family members sign a Form 888?

Yes. Parents, siblings, adult children, cousins and other relatives can each complete a Form 888, provided they are at least 18 and know both partners and the history of the relationship. This applies whether the couple are married or in a de facto relationship. The Department's own policy on assessing relationships refers to statements from parents, family members, relatives, friends and other interested parties as evidence of the social aspects of a relationship.

The question is not whether family members are allowed. It is whether a mix of witnesses gives a better picture. A statement from the sponsor's mother shows that the sponsor's family has accepted the relationship. A statement from a long standing friend or colleague shows how the couple present themselves to the wider community. A file with statements only from close relatives can look narrow, especially where the relationship is recent. A file that combines family and non-family witnesses usually shows the social aspects of the relationship more fully.

Where an applicant's family lives overseas or does not yet know the sponsor well, the sponsor's family and friends in Australia may be the strongest witnesses. Where a couple is in a same-sex relationship and has chosen not to tell some relatives, the witnesses should be drawn from the people who do know. The Department's policy recognises that the laws and traditions of an applicant's home country may discourage couples from openly admitting their relationship. Couples in that situation can read more on our LGBTI partner visa page.

Can a witness who lives overseas sign a Form 888?

Yes. A witness does not need to live in Australia to complete a Form 888, and a statement from an overseas relative or friend who has spent real time with the couple can be valuable evidence. The form must still be completed in English, the witness must still attach evidence of their name and age, and the statement must still describe what the witness has personally observed.

The practical limit is the same as for any witness: the person must actually know both partners and the history of the relationship. A parent overseas who has met the sponsor only by video call can say that, honestly, but will not be able to describe the couple's daily life together. Overseas witnesses usually work best alongside at least two witnesses in Australia who are Australian citizens or permanent residents. This is especially relevant for couples lodging an offshore Subclass 309 visa or a Subclass 300 Prospective Marriage visa, where much of the relationship may have taken place outside Australia.

How many Form 888 statements does a partner visa need?

The current Form 888 states that a visa applicant may be asked to submit up to three separate statements during the processing of the visa application. The Department's partner visa guidance has long asked for at least two statements at lodgement. My Migration Lawyers usually recommends that two well chosen Form 888 statements are provided with the application, and that a third is considered where the relationship has features a third witness can explain.

More is not always better. Five short statements that all say the same thing do not prove the relationship five times. They tell the decision maker that five people were asked to sign a form. Two detailed, independent statements from people who have known the couple for a long time, in different settings, will usually carry more weight than a stack of thin ones. Weak supporting evidence is one of the recurring themes in our analysis of why partner visas get refused and the most common Subclass 820 refusal reasons.

When a third Form 888 is worth adding

A third statement can be useful where the relationship has a feature that needs explaining, and a particular witness is the best person to explain it. Common examples include:

• a period of living apart for work, study or family reasons, which a witness saw the couple manage;
• a cultural or religious ceremony that took place before or after a civil marriage, which a witness attended;
• a relationship that began overseas, where a witness knew the couple in that country before they moved to Australia;
• a sponsor with children from a previous relationship, where a witness can describe the applicant's place in that blended family; and
• a significant age difference or a short courtship, where a long term friend can explain how the relationship developed, including a relationship that began while the applicant was visiting, as discussed in our guide to moving from a tourist visa to a partner visa.

Each of these situations is also a situation in which the case officer may ask more questions. A clear, specific statement that deals with the issue in advance is often more persuasive than an explanation provided only after a section 56 request for more information.

Can the Department ask for more Form 888 statements later?

Yes. The Department can ask for further statements at any time while the application is being processed, and the form itself warns that up to three may be requested. A request for more statements is not, by itself, a sign that the application is in trouble. It may simply mean the case officer wants to hear from someone who knows the couple now, rather than at lodgement. It can also be a sign that the case officer has concerns about the existing statements. Either way, the response should be prepared carefully and should not be rushed. If a request is accompanied by adverse information, the right approach is set out in our guide to the section 57 natural justice letter.

For applicants still at the planning stage, the Subclass 820 visa service page explains how My Migration Lawyers prepares onshore applications, and the 820 partner visa evidence checklist shows where the Form 888 fits among the other evidence.

How to choose strong Form 888 witnesses

The strongest Form 888 witnesses are people who have known the couple as a couple, over a meaningful period of time, and who have seen them together in more than one setting. Those three qualities, knowledge of both partners together, time and variety, are what turn a witness statement from a signed form into persuasive evidence of the social aspects of the relationship.

Witnesses who know the couple as a couple

A Form 888 witness who knows only the sponsor, and has met the applicant twice, is a witness to the sponsor's character, not to the relationship. The form asks the witness to state how long they have known each person separately and how they know both of them. A strong witness can answer both questions from personal experience. They have shared meals with the couple, visited their home, travelled with them, worked alongside one of them while meeting the other regularly, or attended family events where the couple were treated as a unit.

The test My Migration Lawyers applies is simple. If the Department telephoned this witness tomorrow and asked them to describe the couple's life together, could they do so in their own words, with real detail, without checking with the couple first? If the answer is no, the person is probably not the right Form 888 witness, however close they are to one of the partners. This is one of the first questions an experienced partner visa lawyer asks when reviewing a proposed witness list.

Witnesses who have known the relationship over time

A Form 888 is most useful when the witness has watched the relationship develop. This applies equally to onshore applicants and to couples applying for the offshore Subclass 309 partner visa. A friend who knew the couple when they first started dating, saw them move in together and attended their wedding can describe a progression. That is exactly what a decision maker assessing whether a relationship is genuine and continuing wants to see.

A witness who met the couple three months before lodgement can still give a truthful statement, but they can only describe a snapshot. Where the relationship is long, at least one witness should ideally have known the couple for most of it. Where the relationship is short, the witnesses should be the people who were present at its key moments. The Department will compare the witness timeline against the couple's own account, so each witness should only describe the period they actually know.

Witnesses who have seen the couple in different settings

The social aspects of a relationship are about how the couple present themselves to the world. For same-sex couples, that may involve particular sensitivities discussed on our same-sex and LGBTI partner visa page. A set of statements from people who know the couple in different settings shows that the relationship is recognised across the couple's whole life, not only in one circle.

A strong combination for many couples is:

• one family member of the sponsor, who can speak about the applicant's acceptance into the sponsor's family;
• one long standing friend of the couple, who can speak about their social life together; and
• where relevant, a third witness from another part of the couple's life, such as a colleague, a housemate, a neighbour or a member of the couple's religious or community group.

This is not a rule in the legislation, and it is not a substitute for the documentary evidence of the other aspects of the relationship covered in our article on partner visa evidence and the complete partner visa guide. It is a practical approach that reflects how the Department's policy describes the social aspects of a relationship: representation to other people, the opinion of friends and acquaintances, and joint social activities. Couples whose relationship involves complex history, such as a previous sponsorship, should also read our guide to partner visa sponsorship limitations before choosing witnesses, because a witness may be asked about matters that touch on that history.

Common mistakes when choosing Form 888 witnesses

The most frequent problems My Migration Lawyers sees when reviewing Form 888 statements prepared without advice are:

• choosing witnesses because they are Australian citizens, rather than because they know the couple;
• choosing two witnesses from the same household who give almost identical accounts;
• choosing a witness who knows only one partner;
• choosing a witness who has never seen the couple together in person;
• choosing a witness who is unwilling to speak to the Department if contacted; and
• choosing a witness whose own account of key dates differs from the couple's account.

Each of these mistakes can be avoided before the statement is signed. Correcting them after lodgement is much harder. Couples who have already lodged and are worried about their witness statements can read about hiring an immigration lawyer after lodgement or getting a second opinion on the file. Couples unsure whether to manage this themselves can also compare the roles described in partner visa: migration agent or lawyer. For a broader view of the errors that lead to refusals, see our article on the partner visa lawyer versus doing it yourself decision.

What each Form 888 witness must cover

Each Form 888 witness must cover five matters: how they know the visa applicant, how they know the applicant's partner, how long they have known each of them, how often they are in contact with the couple, and whether they believe the relationship is genuine and continuing, with their reasons. The form also gives the witness space to add any other matters they wish to raise in support of the application.

The form provides limited space for each answer and allows the witness to attach additional pages. A strong statement almost always needs more than the space provided. The reasons for the witness's belief are the most important part of the statement, and a single line is rarely enough.

How the witness knows each partner

The witness should explain how they first met each partner, when, and in what context. If they met the sponsor at school twenty years ago and met the applicant when the sponsor introduced them at a birthday dinner, the statement should say so. The witness should give approximate dates or periods where they can, and should say plainly where they are not sure. "In about the middle of 2023" is honest and useful. An exact date the witness cannot actually remember is a risk, because it invites a comparison with the couple's documents.

How long and how often

The form asks the witness to state how long they have known each person and how often they have been in contact with the couple. The answer should be realistic. A witness who sees the couple every weekend should say so. A witness who sees them three or four times a year at family occasions should say that instead. Overstating contact does not help. A case officer who interviews a witness who claimed weekly contact, and finds that the witness cannot name the suburb where the couple live, will give the whole statement little or no weight.

What the witness has personally observed

This is the heart of a good witness statement. The witness should describe specific things they have seen. Examples include the couple hosting a family lunch in the home they share, the applicant caring for the sponsor after surgery, the couple attending a wedding together and being introduced as husband and wife, or the couple planning a holiday together. Concrete observations are what distinguish real evidence from opinion.

The witness should describe what they saw, not what the couple told them. A sentence such as "they told me they have a joint bank account" is hearsay and adds little. A sentence such as "I have stayed at their apartment several times and they share one bedroom and run the household together" is direct evidence. Where the witness's knowledge is second hand, they should say so honestly rather than presenting it as their own observation.

The witness's belief that the relationship is genuine and continuing

The form asks the witness to state whether they believe the relationship is genuine and continuing and to give reasons for that belief. The answer must be the witness's own view, in their own words. The reasons should flow from the observations already described. A Form 888 that simply says "I believe they are a genuine couple" without reasons is a weak statement, whatever the witness's relationship to the couple.

The word "continuing" matters. The Department is assessing whether the relationship exists now, not only whether it existed in the past. A witness who last saw the couple a year ago should say when they last saw them. A witness who sees them regularly should explain how they know the relationship is still current. This is also why statements prepared well before lodgement should be checked, and if necessary refreshed, before they are attached. If the relationship has in fact ended, a witness statement cannot cure that, and the options are different, as explained in our article on what happens if a Subclass 820 relationship breaks down.

Other matters the witness can add

The final part of the form allows the witness to add anything else they wish to say in support of the application. This is the place for the witness to address a feature of the relationship they are particularly well placed to explain, such as a period of separation for work, a cultural ceremony or the couple's plans. It should not be used to argue the law, to praise the applicant's character at length, or to repeat the couple's own relationship statement. Character references belong elsewhere. The Form 888 is about the relationship.

Keeping Form 888 statements consistent without copying them

Form 888 statements must be consistent with each other, with the relationship statement, with the application forms and with the documents, but each Form 888 must be the witness's own independent account. Consistency means the facts match. It does not mean the words match.

What consistency actually means

Case officers and the Tribunal test a partner visa application as a whole, at lodgement and again if the matter reaches ART review. They compare dates, places, names and events across every document. If the couple's relationship statements say they met in March 2022 at a friend's engagement party, and one witness says they introduced them at a work function in 2021, the decision maker will want to know which is true. If one witness says the couple live in one suburb and the application forms show another address, that inconsistency will be noticed.

The facts that most commonly cause problems in Form 888 statements are:

• the date and place the couple first met;
• when they started living together;
• the date of any engagement or wedding;
• where the couple currently live and with whom;
• the names of children, parents or other family members; and
• periods when the couple lived apart.

Before a Form 888 is signed, these facts should be checked against the couple's own statements and the documents on file, including everything listed in the partner visa document checklist. If a fact such as the couple's address changes after lodgement, the Department should be told through a Form 1022 change of circumstances notification, so that later witness statements and the file stay aligned. This is part of the broader cross checking described in our guide to the Subclass 820 visa and in the Subclass 820 visa guide to requirements and documents. It also extends to the applicant's Form 80 personal particulars, where addresses and travel history must line up with what witnesses describe.

Why templated Form 888 statements are dangerous

Copied or templated Form 888 statements are one of the clearest warning signs a case officer can see. When two or three statements use the same sentences, the same unusual phrases or the same order of events, the natural inference is that the witnesses did not write them. That undermines the very thing the form is meant to provide: independent evidence from people outside the relationship.

A template also tends to produce statements that are generic. Phrases such as "they are a loving couple who are committed to each other" appear in a great many witness statements and tell the decision maker nothing. What the decision maker needs is the particular memory only this witness has. Generic evidence is a theme in many of the decisions discussed in our guide to partner visa refusal appeal options.

A couple can, and should, help their witnesses get the facts right. They can remind a witness of the year they moved in together or the date of their wedding. What the couple should not do is write the statement for the witness, give the witness a finished statement to sign, or ask several witnesses to use the same wording. The same principle applies to the couple's own statements: each partner's account is their own. The firm reviews it, identifies gaps and inconsistencies, and the client corrects and confirms it.

Witnesses who do not write well in English

The Form 888 must be completed in English. Some excellent witnesses, often parents or older relatives, are not confident writing in English. The answer is not to have the couple write the statement. Where a witness needs help with English, the help should be limited to expressing the witness's own account, and the witness should understand and agree with every word before they sign. Where the witness's account was given in another language, it is sensible to keep a record of how the English version was prepared. A short, honest Form 888 in simple English is far better than a polished statement the witness could not explain if asked. The same plain English principle guides how an immigration lawyer for a partner visa reviews every document in the file.

Identity documents Form 888 witnesses attach

Each Form 888 witness must attach documentary evidence of their current name, their age and, where applicable, their Australian citizenship or Australian permanent residence. The form gives examples: a birth certificate, an Australian passport, or a passport containing a permanent visa. Question 5 of the form asks the witness to confirm whether that identity evidence has been attached.

A Form 888 without identity evidence is incomplete. The decision maker cannot be confident about who made the statement, and may give it less weight or ask for the evidence later. Common problems include:

• a passport copy that is expired, unclear or missing the biographical page;
• a name on the identity document that differs from the name on the statement because of marriage or a change of name, with no explanation;
• a witness who is a permanent resident but provides only a foreign passport without evidence of the permanent visa; and
• a witness whose citizenship was acquired by conferral but who provides only an overseas birth certificate.

Each of these is easy to fix before lodgement. Where a witness has changed their name, the statement should use their current name and the identity documents should show the link. Where a witness is a permanent resident, evidence of the permanent visa should be included. Where a witness is an Australian citizen born overseas, an Australian passport or citizenship certificate is usually the simplest evidence. The same identity evidence will be needed if the witness also makes a Form 888 for the permanent stage, which is explained in our guide to Subclass 820 versus Subclass 801.

The identity documents also allow the Department to confirm that the witness is a real, contactable person. That is the subject of the next part of this guide. Applicants preparing documents for the onshore stage can see how the Form 888 sits within the wider file in our Subclass 820 partner visa guide.

Can the Department contact a Form 888 witness?

Yes. The Department can contact a Form 888 witness for further comment or for an interview about the information in their statement. The current form says this expressly: a witness "may also be contacted for further comment and/or interview in relation to the information you provide". The form also asks for the witness's address, telephone number and, if they agree, an email address, so that contact is possible.

Not every witness will be contacted. Many never hear from the Department. But every witness should sign on the assumption that they might. A witness who is contacted may be asked how they know the couple, when they last saw them, where the couple live, what the couple did on a particular occasion, or how they know the relationship is continuing. The questions are usually straightforward for a witness who actually knows the couple. They are very difficult for a witness who signed a statement they did not write.

How Form 888 witnesses should prepare for contact

A witness does not need to memorise their statement. They should, however:

• keep a copy of their signed statement and attachments, as the form itself strongly advises;
• answer any questions honestly and from their own memory;
• say "I do not know" or "I am not sure" when that is the truth, rather than guessing;
• avoid contacting the couple during or immediately after a call from the Department to check what they should say; and
• tell the couple, after the contact, that the Department called, so that the couple's representative is aware.

Couples should not coach witnesses on what to say if contacted. The value of a witness is their independence. A witness who gives an honest answer that differs slightly from the couple's recollection of a minor detail is usually less concerning than a witness who appears to be reciting a script.

Form 888 witnesses at the Tribunal

If a partner visa is refused and the refusal is reviewed, the Administrative Review Tribunal can hear evidence from witnesses. The ART replaced the Administrative Appeals Tribunal on 14 October 2024. A witness who made a Form 888 may be asked to give oral evidence at the hearing, in person, by telephone or by video. This is a real test of the statement: the witness will be asked questions by the Tribunal member, and their answers will be compared with their written statement and the rest of the evidence.

Review deadlines are short and strictly applied. A couple whose application has been refused should read our guide to partner visa refusals and speak to a visa appeal lawyer promptly. Preparing witnesses for a Tribunal hearing is a different exercise from preparing a Form 888 at lodgement, and it requires careful planning.

Form 888 statements for the permanent stage

Form 888 statements are commonly required again for the permanent stage of a partner visa, because the Department makes a fresh assessment of the relationship before granting the permanent Subclass 801 visa or Subclass 100 visa. The Department's policy for the Subclass 801 visa describes this as "a fresh assessment, based on the evidence before the delegate at the time of decision". The permanent stage is generally assessed once two years have passed since the combined application was made.

That fresh assessment includes the social aspects of the relationship. The statements lodged at the temporary stage describe the relationship as it was then. For the permanent stage, the Department needs to know that the relationship is still genuine and continuing now. New Form 888 statements, signed close to the time they are provided, are the usual way to show that.

Should the same witnesses be used again?

Using some of the same witnesses for the permanent stage statement can be a strength, because they can describe how the relationship has developed since the first statement. A witness who wrote two years earlier about the couple's engagement can now describe their wedding, the home they bought or the birth of their child. That continuity is persuasive.

Using some new witnesses can also help, especially where the couple's life has changed. A colleague from a new job, a neighbour in a new suburb or a friend from a new community group shows that the relationship is recognised in the couple's current life. A sensible permanent stage file often combines both.

Whichever witnesses are used, each permanent stage statement must be new. A witness should not simply re-sign their earlier statement with a new date. The statement should describe the relationship as the witness knows it now, and should be consistent with any change of circumstances the couple have notified to the Department.

Permanent stage Form 888 statements where circumstances have changed

Some couples reach the permanent stage with a change that needs careful handling. If the couple have had a period of living apart, a Form 888 witness who knows why can be very helpful. If the sponsor has died, or the relationship has ended because of family violence by the sponsor, different provisions apply and the evidence required is different. Applicants in that situation should seek advice on our family violence partner visa page before preparing any further statements, because some family violence evidence must take the form of a statutory declaration rather than a Form 888.

What happens when a Form 888 witness gives inaccurate information?

When a Form 888 witness gives inaccurate information, the consequences depend on whether the error is an innocent mistake or a deliberate falsehood, and on how material it is to the decision. An innocent error about a minor detail can usually be explained and corrected. A false statement can expose the witness to prosecution and can lead to the refusal of the visa application.

The witness's own legal exposure

Every Form 888 contains a warning and a declaration. The witness declares that they understand it is an offence under section 234(1)(b) of the Migration Act 1958 to make a false statement in connection with a visa application, and that they believe the statements in the form are true in every particular. The form also warns that the Migration Act provides penalties for false or misleading statements that include up to ten years' imprisonment. The form is not a statutory declaration, but that does not make it a casual document. A witness who signs a Form 888 they know to be false commits an offence.

The effect on the visa applicant

Inaccurate Form 888 statements can affect the visa applicant in two main ways.

First, the decision maker may simply give the statement less weight, or no weight. If a witness statement is inconsistent with the rest of the evidence, the decision maker may prefer the documents and find that the social aspects of the relationship are not established. That alone can contribute to a refusal on the relationship criteria.

Second, public interest criterion 4020 in Schedule 4 to the Migration Regulations 1994 requires that there is no evidence that the applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular in relation to the application. The Department's policy states that where an applicant willingly lets a third party act for them and does not limit or control what that party does, information provided on the applicant's behalf is at least "caused to be given" by the applicant. A statement attached by the applicant to their own application is plainly given in relation to that application.

The Department's policy also records that an application cannot be refused under PIC 4020 where the applicant can explain an innocent mistake. The test, as the policy explains it, is whether the information has the quality of "purposeful falsity". That is why honest witnesses, who say "I am not sure" when they are not sure, protect the application. A witness who invents details to make the statement look stronger creates exactly the kind of risk PIC 4020 is aimed at. A refusal under PIC 4020 can also have consequences for later visa applications, which is a further reason to treat every witness statement seriously.

What to do if an error is discovered

If a couple discover that a Form 888 already lodged contains an error, the right response is to correct it, not to hope it goes unnoticed. In most cases this means the witness provides a further statement or a short signed explanation that identifies the error and gives the correct information, and the couple provide it to the Department with any supporting document. Where the Department has already raised the inconsistency, the response must be prepared carefully. Our guide to the section 57 natural justice letter explains how adverse information is put to applicants and how to respond. Where the issue is urgent, our guide to urgent immigration lawyer advice explains what to prepare before seeking help.

What Tribunal decisions show about Form 888 witness evidence

Tribunal decisions show that well chosen supporting witnesses can make a real difference to how a relationship is assessed on review. In each of the decisions below, the Tribunal remitted the matter. Remittal means the Tribunal sent the matter back to the Department to reconsider in accordance with the Tribunal's directions. It does not mean the visa was granted by the Tribunal. These decisions were made by the Administrative Appeals Tribunal before it was replaced by the ART, and the issues described are those recorded in the published headnotes.

• Summerhill (Migration) [2024] AATA 3952: a Subclass 309 matter in which the reported issues included limited joint finances, shared households and activities when visiting, and statutory declarations from friends and colleagues. It shows that evidence from friends and colleagues can support a relationship where the couple have spent periods apart.
• Wang (Migration) [2018] AATA 4736: a Subclass 820 matter in which the reported issues included credible witnesses, statements of support from family and housemates, and consistent relationship evidence. It illustrates the value of witnesses from different parts of the couple's life, and of consistency across the evidence.
• FERMINO DA SILVA (Migration) [2019] AATA 2472: a Subclass 820 matter in which the reported issues included insufficient evidence to demonstrate the relationship, and in which evidence from witnesses was found particularly persuasive.
• Schaller (Migration) [2018] AATA 3436: a Subclass 820 matter in which the reported issues included statements from friends and family and oral evidence given by the sponsor's mother. It shows that a family member who has made a written statement may also be asked to give evidence in person.
• 1700986 (Migration) [2018] AATA 5050: a Subclass 820 matter in which the reported issues included the couple's shared life together and supporting statements from family and friends.
• Lam (Migration) [2022] AATA 2919: a Subclass 309 matter in which the reported issues included residing together overseas on occasions and multiple statutory declarations regarding social recognition of the relationship.

These decisions turn on their own facts. They do not mean that any particular number or type of witness will lead to a particular result. What they show is consistent with the purpose of the Form 888: evidence from real people who know the couple, given honestly and consistently, is part of how the Department and the Tribunal assess the social aspects of a relationship. Couples whose application has already been refused should read our guide to partner visa refusal appeal options and the firm's visa refusals page.

How My Migration Lawyers handles Form 888 witness statements

My Migration Lawyers treats every Form 888 as evidence that must stand up to scrutiny by a case officer and, if necessary, by the Tribunal. The firm does not write witness statements. Each Form 888 is the witness's own account. The firm's role is to help the couple choose the right witnesses, explain to each witness what the form asks, review every statement against the rest of the file, and identify gaps and inconsistencies for the witness to correct and confirm before lodgement.

The firm's Form 888 process, step by step

• Witness selection. At the start of the matter, the firm reviews the couple's relationship history and identifies who knows them as a couple, for how long and in which settings. The firm checks each proposed witness's age and status, and flags any witness who knows only one partner or whose own history may affect the weight of their evidence.
• Explaining the form to witnesses. The firm prepares a plain English explanation of what a Form 888 asks, what the witness should cover and what they should not do, including the warning about false statements. Witnesses are told plainly that the statement must be their own.
• Fact checking against the file. Once each statement is drafted by the witness, the firm checks dates, places, names and events against the relationship statement, the application forms and the documents. Any inconsistency is raised with the witness, who corrects and confirms their own account.
• Independence check. The firm compares the statements with each other to make sure they are independent accounts and not copied or templated.
• Identity evidence. The firm checks that each witness has attached clear evidence of their current name, age and, where applicable, their Australian citizenship or permanent residence, and that any name change is explained.
• Special cases. The firm confirms at the outset whether the application is one of the special cases in which real statutory declarations are required instead of, or as well as, Form 888 statements, so that the application is not put at risk.
• Permanent stage and requests. The firm manages further Form 888 statements for the permanent stage and responds to any Department request for additional statements or contact with witnesses.

Complex Form 888 situations the firm deals with

My Migration Lawyers acts in many partner visa matters where the Form 888 evidence needs particular care. These include couples who lived apart for long periods, couples whose families live overseas, couples who married after a short relationship, couples applying under Schedule 3 waiver provisions, sponsors affected by sponsorship limitations, and applications already refused where witnesses must prepare for a Tribunal hearing. The firm is capable of handling these complex cases and will tell clients honestly where the evidence is weak and what can properly be done about it. No outcome can be promised in any partner visa matter.

The firm's work is overseen by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, visit our partner visa lawyers page, or browse the My Migration Lawyers blog. My Migration Lawyers acts for clients across Australia, including through our pages for partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms can read our guide to choosing the best partner visa lawyer in Australia and what to expect from an immigration lawyer consultation.

If you are preparing a partner visa application, or you are worried about the Form 888 statements already lodged, book a consultation with My Migration Lawyers to have your witness evidence reviewed before it is relied on. You can also call My Migration Lawyers on 1300 040 300.