If you are applying for a partner visa there will be many pieces of information you will be required to collate. As we presume you really want to be together with your partner in Australia, you will hopefully be motivated to do this.
It is important to understand though that some of this information will need to be from third party sources. Therefore, it’s not only important to think ahead and plan, but understand and explain to this source how to complete the relevant paperwork and to explain to them the potentially very drastic consequences if they do the wrong thing in doing so.
One of the key pieces of information required from a third party is a statutory declaration by a supporting witness relating to a partner visa application or what’s known as a Form 888.
This document is to be completed by somebody that can speak to your relationship. So, there are a few tasks here that you will need to manage.
- Finding somebody that knows of you and your partner’s relationship and is prepared to complete a legal document to support this.
- Impress on this person the importance of this document being honestly declared, that it is a matter for them as to what goes into it and how this document will need to be certified by an approved person.
Turning to the witness themselves, they can be a relative, friend or associate that has been privy to your relationship and can truly testify that you and your partner are in a genuine and continuing relationship.
They will need to give reasons for their belief in addition to information and dates on when they have met your partner and you. Whether this was face to face, via electronic communications such as Skype or even that you have told them about their existence and the progress of your relationship on a regular basis.
Think carefully before you ask somebody to undertake this task. This is a legal document and under no circumstances should you expect anybody to falsify this information, it could have far reaching and criminal consequences for you and the person.
In terms of the person executing this form, a justice of the peace is our preferred form of doing this. However, if this is not an option, other persons who can certify the form include a medical practitioner, legal practitioner, full-time teacher, civil marriage celebrant or minister of religion and police officer amongst others.
Ensure your witness understands that they may be contacted by the Department for further clarification.
Conclusion
It’s important to realise that significant and quality evidence is key for all partner visa applications. Unlike skilled migration related applications that are based on skills and qualifications, partner applications require proof of a relationship in its many forms. The Form 888 is no exception. Ensure you choose the right person to complete this form and that they don’t just fill it out in a very cursory sense. Seek legal advice if you are not sure especially before submitting your application.
Unfortunately for all genuine couples, partner visa applications are submitted with false or misleading information all too often and this is a criminal offence amongst other things. The legislation is there for good reason which is effectively to protect Australia from those entering based on a relationship which is contrived or for those who might be in a genuine relationship but have no intention of remaining in one once a visa is granted.
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