Partner Visas and witnesses for your relationship if you are Section 48 barred.

The Department of Home Affairs has introduced changes in the way applicants for Partner Visas should provide declarations made by witnesses to their relationship. If you have had a visa refused in Australia at a time when you did not hold another visa apart from a Bridging Visa, then you should pay extra attention to the way the declarations must follow.  

In order to meet the requirements for a valid application, the applicant is required to have two people that are known to the applicant and the sponsor each complete a statutory declaration regarding the applicant’s relationship with their sponsor.

The two statutory declaration forms must:

·         declare that the applicant and sponsor are in a married or de facto relationship, as appropriate for the applicant’s specific circumstances. Ensure to mention the words ‘de facto’ or ‘married’.

·         be less than six weeks old at the time of making the application

·         include evidence demonstrating that the declarants are Australian citizens or permanent residents, or eligible New Zealand citizens (for example, passport, birth certificate). A driver’s license or Medicare card is not sufficient evidence

·         be witnessed by an authorized person. A list of authorized persons can be found at: https://www.ag.gov.au/Publications/Statutory-declarations/Pages/List-of-authorised-witnesses.aspx

Failing to follow these specific instructions will make your Partner Visa application invalid, and consequently, you may become unlawful.

Written by Ross Ahmadzai

23 Feb, 2024

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