Can I Provide Missing Statutory Declarations After Lodgement?

Do I need statutory declarations for a partner visa?

Most partner visa applicants do not need statutory declarations. The supporting statements from friends and family are made on Form 888, which is a supporting witness statement and not a statutory declaration. The couple's account of the relationship is given in one relationship statement. Statutory declarations are needed only in special cases where the migration law requires one. Our article on partner visa statutory declarations explains when they apply.

Can I upload Form 888 statements after lodgement?

Form 888 statements can usually be uploaded after lodgement through ImmiAccount, at any time before the Department makes a decision. Applicants should not wait to be asked, because the Department may decide the application on the evidence it already holds. Our article on Form 888 partner visa witness statements explains who can make one and what it should cover. Each Form 888 should come from a person who genuinely knows the couple, describe how they know them and give specific examples of the relationship, because a short, generic statement adds little weight. Uploading two or three detailed statements is usually more useful than many thin ones.

When is a statutory declaration actually required?

A statutory declaration is actually required where a provision of the migration law calls for one. The most common example in partner visas is a family violence claim that has not been decided by a court, where the person alleging the violence gives a statutory declaration and other evidence of the kind the regulations describe. In that situation, using the wrong form can undermine the claim. Our page on family violence partner visas explains how these claims are made.

What happens if the Department asks for a missing document?

If the Department asks for a missing document, it usually sends a request under section 56 of the Migration Act with a short deadline that is strictly applied. The applicant should provide the document, or explain why it cannot be provided, before the deadline. Where more time is genuinely needed, a request for an extension should be made before the deadline passes. Our article on responding to a section 56 request explains the process.

Should I fix a document lodged in the wrong form?

A document lodged in the wrong form should usually be corrected by uploading the right document with a short explanation, rather than left on the file. For example, a witness who signed a statutory declaration instead of a Form 888 can complete a Form 888, and the earlier document can remain as further evidence. Leaving inconsistencies unexplained gives a case officer reason to question the evidence. Our partner visa checklist lists the usual documents and the forms they belong on.

How does My Migration Lawyers fix missing or incorrect evidence after lodgement?

My Migration Lawyers fixes missing or incorrect evidence after lodgement by reviewing what the Department already holds against the requirements that actually apply to the couple, then preparing only the documents that are needed, in the correct form, with a covering explanation. Where a request with a deadline has already arrived, the firm prioritises that response. Couples can speak with our partner visa lawyers about a lodged application.