Partner visa - Form 888 Declarants May Expect a Call from the DIBP

Departmental officers are increasingly contacting supporting witnesses to Partner Visa and Prospective marriage visas who provided Statutory Declarations or Forms 888 to verify the content of their statements.

Form 888s (or Statutory Declaration in other forms), which contribute to the assessment of the social aspects of a relationship, must be taken very seriously by supporting witnesses since, under the Statutory Declarations Act 1959, people who intentionally make a false statement in a statutory declaration are liable for punishment of 4 years imprisonment. In addition, the Migration Act 1958 (the Act) provides penalties for providing false or misleading statements of 12 months imprisonment or a fine of AUD12,000.

A Form 888 generally needs to be completed by an adult Australian citizen or permanent resident who knows the visa applicant and their partner or fiancé(e) and the history of their relationship (supporting witness);

A Form 888, like any other Statutory Declaration, must be signed before an authorised person, as prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 1993.

The list of authorised persons includes:

• Justice of the Peace;

• medical practitioner;

• legal practitioner;

• civil marriage celebrant or registered minister of religion;

• dentist;

• nurse;

• optometrist;

• pharmacist;

• physiotherapist;

• full-time teacher;

• police officer; or

• public servant with 5 or more continuous years of service.

 

Any attachments to the Declaration must also be certified by a prescribed person.

If the Applicant is overseas and no Australian citizen or permanent resident is available to provide a Form 888, it may be filled in by someone who is not an Australian citizen or permanent resident, however, in these circumstances, the statement cannot be considered a statutory declaration under Australian law: the form 888, under policy, should then be witnessed or certified according to the legal practices of the country in which the statement is made. Failing that, it should be witnessed by a person whose occupation or qualification is comparable to those listed above. This person should sign, date and specify their occupation at the bottom of the statement. At best these requirements should also be confirmed with the nearest DIBP office overseas.