As described in the Partner Visas Overviews and the eligibility criteria for a partner visa, the most important point in an application of a partner visa (either a subclass 309/100, 820/801 or a prospective marriage subclass 300 visa) is to demonstrate to the Government that the relationship between a couple (a visa applicant and the sponsor) is “genuine and continuing”.
However each couple’s case can be unique and different from others. It is not practically possible to apply the same rules to each applicant and request them to provide the same evidence of their relationship. A case in point for example is that some couples may have been living apart for different reasons. In this situation, a Statutory Declaration may become necessary and is required to be provided from the applicant or the sponsor.
So what are the requirements for a Statutory Declaration for partner visa, and what information is needed to include in a partner visa application?
What is a Statutory Declaration in Australia?
A statutory declaration is a written statement that you (the declarant) sign and declare to be true and correct in the presence of an authorised witness (a Justice of the Peace for example). By signing it, you agree that the information declared in it is true.
Please note: a statutory declaration is a legal document and a person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years.
What to declare in a Statutory Declaration for a Partner Visa?
You may have too much information to provide in your application and in love story descriptions. However when assessing a partner visa application, the case officer or a delegate will mainly focus on the following few points.
Whether the couple have been living together or not. If apart, whether they keep in contact with each other. It is common that some couples may live apart, but it is important to remain in touch with each other, even if their communication can be a just a simple greeting.
Financial commitment If the couple share the financial responsibilities, whether they have joint bank account and use the money freely; if they jointly have the ownership of a property with both names in the property title etc.
Nature of the household responsibilities This includes whether they both share the housework; whether they look after the children at home etc.
Social Recognition Whether the couple introduce each other to their friends, attend social activities together; whether they attend special events or travel together.
Mutual Commitment This means whether the couple deems each other as his or her emotional support or as a spiritual companion; How heavily they can reply on each other in their day-to-day life.
What you can say in your statutory declaration?
As an experienced migration agent, Korrylink would like to draw your attention to the following point when making the declaration:
Important Events in your Relationship There are certainly some milestones in your relationship that both of you are impressed with, such as the date you first you met or the first restaurant wherer you had your first dinner or meal; how your relationship progressed to a next level, for example a marriage proposal or engagement; the time when you decide to live together. You exchange gifts to each other.
Highlight in the daily life Life can be a daily routine. Try to find something unique or special to share with your partner in you daily communication with him or her. Make your normal life more colourful and express your good mood with him or her to make life more interesting.
The challenge you both meet together Life sometimes can be full of sunshine at the early stage of relationship or at the beginning of the marriage. Sometimes misunderstanding may occur between the couple for various reasons. Or even your relationship is being met with challenges or crisis. You are expected to detail these challenges in the statutory declaration and outline who you both had supported each other through the difficult time.
Future plan for the future What are your shared dreams in life ? It is important to make plans together to demonstrate that you are ready to embark on a new journey for a better life in the future. Put these plans in the statutory declaration and you will get reward points for your genuine relationship.
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