What Is a Statutory Declaration for a De Facto Visa?

What is a statutory declaration?

A statutory declaration is a written statement that the person making it declares to be true before an authorised witness, under the Statutory Declarations Act 1959 for Commonwealth purposes. Making a false statutory declaration is a criminal offence. The formality is what separates a statutory declaration from an ordinary signed statement, and it is the reason the law reserves statutory declarations for situations where that formality is needed. Witnessing a document that does not need to be a statutory declaration does not make it stronger evidence. The Department assesses what the statement says and whether the other evidence supports it.

Does a de facto partner visa need statutory declarations?

A de facto partner visa does not ordinarily need statutory declarations. The couple provide one relationship statement, which they may write jointly or to which each partner may contribute, and supporters usually complete Form 888 supporting statements. Many online templates still describe these documents as statutory declarations, which leads couples to pay for witnessing they do not need. Our article on partner visa statutory declarations explains where this confusion comes from. A statement that has been made as a statutory declaration is not invalid for that reason, but the extra step is usually unnecessary.

When is a statutory declaration required for a de facto visa?

A statutory declaration is required for a de facto visa only in special cases where the law requires it. The clearest example is a family violence claim that has not been decided by a court, where Division 1.5 of the Migration Regulations requires a statutory declaration from the person alleging the violence, together with evidence from competent people. Our page on partner visa family violence and our article on family violence evidence explain those requirements.

What do de facto couples provide instead of statutory declarations?

De facto couples provide a relationship statement, Form 888 supporting statements and documents covering the four aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment. De facto couples must also show the 12-month relationship period under regulation 2.03A unless the relationship is registered or another exception applies. Our article on the de facto partner visa and the 12-month rule explains that requirement. The quality and consistency of these documents matters far more than the form in which they are signed.

Is a Form 888 the same as a statutory declaration?

A Form 888 is not the same as a statutory declaration. Form 888 is the Department's supporting statement for people who know the couple, completed by an Australian citizen or permanent resident who can speak to the relationship. Couples should follow the instructions on the current form rather than adding statutory declaration formalities. Our guide on how to complete Form 888 explains what the form asks for. The Department may contact Form 888 witnesses, so each witness should only state what they know to be true.

How does My Migration Lawyers prepare statements for a de facto visa?

My Migration Lawyers prepares statements for a de facto visa by first deciding which documents the law actually requires, so couples do not spend time on formalities that add nothing. The firm drafts the relationship statement with the couple, guides Form 888 witnesses and, where a family violence claim arises, prepares the statutory declaration and supporting evidence that Division 1.5 requires. Couples can ask our partner visa lawyers which statements their application needs.