Subclass 801 Statutory Declaration by the Sponsor

Statutory Declaration by the Sponsor.

It is important to upload the ‘Statutory Declaration by the Sponsor’, for the second stage of a partner visa application.

This form must be completed and uploaded together with that Sponsors ID; either the personal details page of their most recent passport (showing their signature), or their Australian driver’s licence.

It can be uploaded in the applicants IMMI account.

UPDATE 12 August 2023.

A change appeared in 2023 showing this:

  • a completed Commonwealth statutory declaration form with information about any of the following:
    • whether you and your partner have a mutual commitment with your spouse of de facto partner to the exclusion of all others
    • whether your relationship is genuine and continuing
    • whether you live together or don’t live permanently apart
    • when your relationship began and how long you have lived together for
    • the financial commitments you and your partner share
    • the nature of your household (including any joint responsibility for the care and support of children)
    • the social aspects of your relationship
    • the nature of your commitment to each other
    • your plans for the future.

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The Sponsors Declaration form can be downloaded from: immi.homeaffairs.gov.au/…/stat_dec_sponsor.pdf

 

This declaration is vital for most subclass 100 and 801 2nd stage applications.

I have previously heard about a few applicants that did not get the sponsor to this, and it delayed their grant.

Some months ago I read about one who was a year past the 801 eligibility date, and was wondering why it was being delayed. I asked if they had submitted the ‘Statutory Declaration by the Sponsor’, and they said no. I suggested they do immediately. They did, and got the grant soon after.

I saw another yesterday, they were 17.5 months past eligibility date, when they lodged the ‘Statutory Declaration by the Sponsor’, and the grant came two weeks later. It appears that Immigration might just wait until the applicant lodges everything, before finalising the application.

Some people ask if they have to use the PDF form that this links to.

I have heard some that say it must be used, and you cannot create your own.

However, one of the government websites specifies this:

We highly recommend that you use the Commonwealth statutory declaration form.
You can only create your own form if it has all the required elements in Schedule 1 of the Statutory Declarations Regulations.

When we did one, we copied the form into Word, filled it in, printed it, signed it, etc., and then uploaded it into the IMMI account.

That way I was able to increase the sizes of the boxes.

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