Partner visa (820 & 309 visas) – Preparing Statutory Your Declarations

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Please also see our new partner visa articles:

 

  • Detailed statutory declaration example for an Australian partner visa application, covering relevant considerations such as the development of the relationship, financial aspects of the relationship etc.
  • Our Cornerstone Partner visa article outlining the main partner visa and sponsorship requirements
  • Partner visa documents checklist to help you organise the documents and information that you need to provide to the Department after lodging your partner visa

 

The Department does provide template partner visa statutory declarations for the visa applicant, and the sponsor. The considerations which are raised in the Department’s template statutory declarations are the factors which the case officer needs to take into consideration when assessing your relationship and application.

 

We will look at each of these considerations, and provide you with examples which may be applicable for your relationship.

 

Development of the relationship

 

In this section, you can outline the initial development of your relationship, for example:

 

  • How you and your partner were introduced to each other (e.g. friends, family, internet dating website etc.)
  • Date that you and your partner first contacted each other, and how you contacted each other: (e.g. text message, call, in person introduction etc.)
  • Date and place that you and your partner first met in person
  • Any significant events, holidays or personal matters leading up to your decision to enter into your committed and exclusive relationship
  • Events leading up to you and your partner starting to live together
  • Significant events in your lives during which you have relied on each other for support, such as personal or family illness, stressful periods at work or with studies, adjusting to life in Australia for the visa applicant etc.

 

Financial commitments

 

In this section, you can outline any shared financial commitments and arrangements, such as the following examples:

 

  • Joint loan or lease agreements such as for your residence, cars, business etc.
  • Joint bank account and/or savings account which is used with reasonable frequency
  • Owning or operating a business together
  • Conferring financial benefits on each other such as having your partner as a beneficiary in your will or insurance policy
  • How day to day household expenses are paid and shared
  • Explaining that wages for your partner and/or yourself are paid into the same joint account
  • Your future financial goals, such as saving up to purchase a house, wedding costs, overseas trips etc.
  • Explaining your joint purchase of any significant assets or household items

 

Nature of your household

 

In this section, you can outline any joint responsibility for the care and support of children, your living arrangements and sharing of the responsibility for housework. Examples include:

 

  • Who is responsible for various household chores such as cleaning, cooking, shopping etc.
  • Duties that you and your partner undertake in looking after any child or children of the relationship
  • Duties that relate to other household chores such as looking after pets, elderly parents or other relatives

 

Social aspects of your relationship

 

In this section, you can outline important social aspects of your relationship, such as:

 

  • Holidays that you have taken together
  • Weddings, baptisms and other significant social events that you have attended together
  • Important family and friends who know about the relationship, and who are supportive of your relationship
  • Sporting, cultural, social or other activities that you both participate in

 

 

Your commitment to each other

 

The following are just some examples of what you can describe in this section:

 

  • Your future plans together such as buying a property, starting a family, moving to a bigger residence once your partner arrives in Australia etc.
  • Significant events in your lives during which you have relied on each other for support, such as personal or family illness, stressful periods at work or with studies, adjusting to life in Australia for the visa applicant etc.
  • Affirm the nature of your relationship

 

Referring to your supporting documents and evidence in your declarations

 

When I prepare a statutory declaration, as I make various statements about the relationship, I often refer the case officer back to the uploaded supporting documents which support and demonstrate the statements made. I think that the main benefits of doing this is that:

 

  • You are reaffirming/evidencing the truthfulness of your statement
  • You can let your case officer know what particular documents mean, or what the documents are demonstrating. This is particularly helpful if you think that the evidence that your providing isn’t particularly strong, or clear in relation to what it is suppose to demonstrate

 

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Please firstly see FAQ and prior comments post which may answer your queries

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Zed Maccer

Hi, Great article and very helpful, thank you! My question is: I have been married before and am now divorced. For my defacto application I’m asking my brother to fill in form 888 and he was at my previous wedding. Should he reference the fact that I was married but explain why my current defacto relationship is stronger and how we are actually muchbetter suited? I feel like it’s an elephant in the room if it doesn’t get mentioned!? What do you think?

Evans George

Hi, First let me say this is a good site for all the people who are looking for some help in the immigration process. And I really appreciate the author who is taking time to reply to all the queries. Good on you mate. Less often would see people like you around. I just wanted to know some bits of information, if you had some time. Me and my defacto partner has lodged an EOI for 189 visa as me being the primary applicant. So, we are together since the time we came to Australia( 3 years now), but do… Read more »

Elin

Hi,

I am applying as a subsequent entrant to my partners temporary residency 485 visa. We have written about two pages about the nature of our relationship and are attaching lease, bank statement, A relationship certificate, several flight tickets, pictures and are also considering to ask a friend to sign an 888 form for us.

My questions are, do you think this is enough evidence? And do we need to get the documents signed by a jp?

Thanks!

Thao

Hi Peng,
My husband is Australian and I am Vietnamese, we are preparing for 309 Visa. I wrote the History statement by myself, do I need it be witnessed by other people and if yes, who can do it, can Australian consular officer do? My husband filled the stat dec – Sponsor, do I need to fill stat dec – applicant, too?
Thanks very much for your help.

Hopauline

hi Peng, my sponsor filled-up the statutory declaration for partner visa 309 but he filled-up only two pages. instead of signing the last page by the JP and dated.. what my hubby did is he forgot to include the last page and he signed by the JP the two pages only at the bottom with my hubby’s signature but no date.. is that okay?

Rob

Hi Peng, Could you give some information regarding 309 Partners Visa? My 309 Visa is cancelled due to not submitting the document for 100 Permanent Visa. We live in India due to our ongoing work and busy life we could not submit in time even after several emails received from the immigration. Now I am thinking to re-applying for the Visa soon. Can I apply again? What are the chances to get the same 309 Partners Visa? I have been married for 8 years with my Australian wife. My main goal to apply for the VISA to freely travel with… Read more »

Cate

Hi Peng, Thanks for this very informative blog you have. We are now processing for the 2nd stage of my husband’s visa application. I came across item 4 of the STATUTORY DECLARATION – PARTNER VISA (SPONSOR) which states “That our relationship began in _____”. It is asking for the year our spousal relationship commenced. Is this referring to our wedding year (2015) or the year when we started to live together (2014, which is one year before we got married). In the first stage, there was a question “Date applicant and sponsor committed to a shared life together to the… Read more »

karine agredo

Hi there!

Can an australian citizen who lives overseas fill in the form 888 statutory declaration?
I’m the visa applicant (onshore), my husband and I lived mainly overseas, so most of our australian friends are in another country (Colombia). Can they fill in the 888?, who would be the justice peace officer in another country?

Thank you so much for your help

Ricarda

Hi,
My partner will be sponsored by the company under 457 Visa and she will be sponsoring me as a De Facto Visa. One of the requirements is the Statutory Declaration, I would like to know if there is a certain form to be used for this Declaration. We are both outside Australia.

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