Can a Lawyer Help With Form 888 Statements?
Key points
- Form 888 is a supporting witness statement, not a statutory declaration.
- A Form 888 witness must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over.
- Form 888 statements form part of the evidence of the social aspects of the relationship.
What does a lawyer do with Form 888 statements?
A lawyer working on Form 888 statements identifies which friends and family are eligible and best placed to act as witnesses, explains to each witness what the form asks and what detail helps, and reviews each completed statement before it is lodged. The lawyer checks that names, dates and events match the couple's relationship statement and other documents. Our article on Form 888 witness statements explains the role these statements play in a partner visa.
Can a lawyer write a Form 888 for my witness?
A lawyer cannot write a Form 888 for a witness in the sense of supplying the witness's account. The statement must reflect what the witness personally knows about the couple, in their own words. A lawyer can guide the witness on structure and the points to address, and can correct obvious errors, but the facts must come from the witness. Statements that read identically suggest they were not written independently and lose value. A witness who gives a false account also exposes the application to a refusal under PIC 4020, so accuracy matters more than enthusiasm. Witnesses whose first language is not English should write simply and accurately, because plain and specific answers are more convincing than formal language.
What makes a strong Form 888 statement?
A strong Form 888 statement explains how long the witness has known each partner and in what capacity, how often they see the couple, and specific occasions that show the couple as a committed pair, such as family events, holidays or visits to their home. It should explain why the witness believes the relationship is genuine and continuing. Our article on Form 888 example answers and common mistakes shows the difference between weak and strong answers.
What mistakes in Form 888 statements cause problems?
The mistakes in Form 888 statements that cause problems are wrong dates, details that conflict with the couple's own account, witnesses who barely know the couple and incomplete sections. An ineligible witness, such as someone who is not an Australian citizen or permanent resident, means the form cannot be treated as a Form 888. Our article on conflicting statements explains how inconsistencies can affect the assessment, and our step-by-step guide on how to complete a Form 888 covers each question on the form.
When should Form 888 statements be lodged?
Form 888 statements should generally be lodged with the application or soon after, because the Department may assess the application on the evidence it holds. Further statements can be added later to update the evidence, which is often useful before the permanent stage is assessed, generally two years after lodgement. Witnesses should be told that the Department may contact them about their statement.
How does My Migration Lawyers prepare Form 888 witnesses?
My Migration Lawyers prepares Form 888 witnesses by giving each one written guidance tailored to how they know the couple, so that a parent, a colleague and a long-time friend each describe what only they have seen. The firm reviews every returned form against the relationship statement, raises any conflicting detail with the couple before lodgement and replaces forms from ineligible witnesses. Couples can speak with our partner visa lawyers about their witnesses, including for an onshore Subclass 820 visa.
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