Statutory Declarations for a Partner Visa: Applicant and Sponsor Statements

Sources checked 3 October 2026.

Legal help: An Australian migration lawyer with Australian Migration Lawyers can check your statutory declarations before you lodge or reply.

Home Affairs’ Partner visa (subclass 801) page asks the sponsor for a Commonwealth statutory declaration at the permanent stage, while Schedule 1 item 1124B(3)(e) of the Migration Regulations 1994 requires 2 declarations from eligible people other than the partner for an applicant to whom section 48 applies.

Writing guidance: Draft the applicant’s and sponsor’s accounts separately, using dates and supporting records each person can explain.

Regulations 1.09A and 1.15A of the Migration Regulations 1994 identify financial aspects, the nature of the household, social aspects and the nature of the commitment as relationship-evidence categories.

Current Form 888 is a supporting witness statement, not a Commonwealth statutory declaration, according to Home Affairs’ subclass 820 page and Form 888.

Since 1 January 2024, the Statutory Declarations Act 1959 allows prescribed-witness observation in person or by video link, or digital verification without a witness. The Statutory Declarations Regulations 2023 prescribe myGov for the digital route; the Statutory Declarations Amendment Act 2023 commenced the change.

As at 3 October 2026, the supplied research does not confirm whether Home Affairs accepts a myGov digital declaration for the section 48 lodgement requirement. For section 48 preparation, use an authorised-witness Commonwealth declaration.

Which statement are you preparing?

Commonwealth statutory declaration

• Document: Commonwealth statutory declaration.
• Who writes it: Applicant or sponsor for their own account; section 48 requires different declarants.
• Who witnesses it: Prescribed witness, in person or by video link; none for statutory digital verification.
• When it is compulsory or requested: Home Affairs’ 801 page requests the sponsor’s declaration. The Migration Regulations 1994 require declarations for section 48 and the specified declaration-based non-judicial family violence route.
• What it does not replace: Supporting records or other pathway evidence.

The signing distinction comes from the Statutory Declarations Act 1959 and Regulations 2023; Home Affairs’ Family violence evidence page explains the declaration-based evidence package.

Relationship statement

• Document: Relationship statement.
• Who writes it: Applicant or sponsor giving their own account.
• Who witnesses it: An ordinary narrative is not a witnessed Commonwealth declaration; formalities apply if made as one.
• When it is compulsory or requested: Follow the applicable checklist or request; there is no universal format established here.
• What it does not replace: A specifically required Commonwealth statutory declaration.

The Statutory Declarations Act 1959 establishes the approved-form and execution requirements, not merely a document label.

Form 888

• Document: Form 888.
• Who writes it: Someone aged at least 18 who knows the applicant, partner and relationship history.
• Who witnesses it: No separate witness or JP.
• When it is compulsory or requested: Home Affairs’ partner visa pages request two witness statements and permit Form 888.
• What it does not replace: Section 48’s two statutory declarations.

These author and signing rules appear in current Home Affairs’ Form 888; Home Affairs’ subclass 820 page expressly excludes it as a section 48 substitute.

What is a statutory declaration for a partner visa?

A statutory declaration for a partner visa is a declaration made in the approved Commonwealth form using one of the execution methods in section 8 of the Statutory Declarations Act 1959. Calling a document a “stat dec” or adding a signature does not establish compliance with those requirements.

Regulations 1.09A and 1.15A of the Migration Regulations 1994 require consideration of all the circumstances, including financial, household, social and commitment aspects. Use the 4 pillars of partner visa to organise your account, not as an exhaustive statutory-declaration checklist.

The applicant’s statutory declaration

The applicant’s statutory declaration should give the applicant’s own relationship account, with dates, concrete examples and references to supporting evidence.

These six areas are writing prompts, not legally prescribed headings:

1. Your identity and role. Identify yourself as applicant and explain the account’s purpose.
2. Your relationship chronology. Describe meeting, development and significant changes; label approximate dates clearly.
3. Financial aspects. Explain actual arrangements and identify supporting records.
4. Nature of the household. Explain living arrangements, responsibilities and periods apart.
5. Social aspects. Describe how others know the relationship and relevant evidence.
6. Nature of the commitment. Explain your shared-life commitment, current circumstances and genuine future arrangements.

The relationship categories come from regulations 1.09A and 1.15A of the Migration Regulations 1994. This sequence is drafting guidance, not additional eligibility criteria.

A statutory declaration is not established here as compulsory for every applicant’s initial relationship account. Follow the applicable Home Affairs checklist or request.

What should a de facto declaration explain?

Explain the actual relationship; a declaration does not create de facto status. Section 5CB of the Migration Act 1958 includes shared-life commitment to the exclusion of all others, a genuine and continuing relationship, and living together or not permanently apart.

Address:

1. When the shared-life relationship developed.
2. How your actual arrangements demonstrate it.
3. What periods apart or unusual arrangements need explanation.

Is there an applicant PDF or sample?

Use the approved Commonwealth form, not a publisher-created “official partner visa applicant PDF”. Home Affairs’ Partner visa (subclass 820) page directs section 48 applicants to the Attorney-General’s Department Commonwealth Statutory Declaration form.

1. Obtain the current approved form through that government route.
2. Draft your account using the six areas above.
3. Complete the form using a valid execution route under the Statutory Declarations Act 1959.

Writing prompts, not an approved statutory declaration form

• Applicant’s relationship chronology.
• Financial aspects.
• Household arrangements.
• Social aspects.
• Commitment and current circumstances.
• Supporting records referred to in the account.

The sponsor’s statutory declaration

The sponsor’s statutory declaration is requested as relationship evidence on Home Affairs’ Partner visa (subclass 801) page. This is an 801 checklist request, not an identified universal statutory requirement for all sponsors.

Use these six drafting areas:

1. Sponsor identity and role. Identify the person giving the account.
2. Relationship chronology. Give your own recollection of its development.
3. Financial and household arrangements. Describe your involvement and supporting records.
4. Social aspects. Explain how others know the relationship.
5. Commitment. Describe your shared-life commitment through applicable facts.
6. Current circumstances and changes. Explain material changes since earlier evidence.

Home Affairs’ subclass 801 page supplies the checklist request; regulations 1.09A and 1.15A of the Migration Regulations 1994 supply the relationship categories. The six-item structure is writing guidance.

What changes at the 801 stage?

Home Affairs’ Partner visa (subclass 801) page asks for updated relationship evidence, including the sponsor’s Commonwealth declaration and financial, household, social and commitment evidence.

1. Review your earlier account.
2. Explain subsequent developments truthfully.
3. Check the updated account against current documents.

Do not declare that the relationship continues if that is untrue. The declaration does not replace the remaining requested evidence.

Who can witness a statutory declaration?

A Commonwealth statutory declaration has 3 authorised-witness groups under regulation 6 and Schedule 1 of the Statutory Declarations Regulations 2023.

1. A person enrolled on a Supreme Court or High Court roll as a legal practitioner.
2. A person currently licensed or registered in one of the 17 listed occupations.
3. A person within one of the 40 other listed categories.

Examples in Schedule 1 of the Statutory Declarations Regulations 2023 include medical practitioners, nurses, pharmacists, dentists, psychologists, justices of the peace, police officers and notaries public. Some entries have additional qualifications or service-length conditions: check the entry, not just the occupational label.

How does in-person or video-link witnessing work?

Section 9 of the Statutory Declarations Act 1959 requires signing under a prescribed person’s observation in person or by video link, followed by that person signing the declaration—or a true copy for video-link execution.

1. Prepare the approved form and check its contents.
2. Arrange an eligible prescribed witness.
3. Sign under their observation in person or by video link.
4. Ensure the witness completes the required execution step.

Section 7A of the Statutory Declarations Act 1959 permits handwritten or electronic signing where the method identifies the signer and is reliable.

How does a myGov declaration work?

Since 1 January 2024, sections 8 and 9A of the Statutory Declarations Act 1959 provide digital verification without a witness. The Statutory Declarations Regulations 2023 prescribe myGov; the Statutory Declarations Amendment Act 2023 commenced the change.

The legislative outline under the Act and Regulations is:

1. Use the prescribed myGov platform.
2. Verify identity through the Australian Government digital ID app using at least two approved government documents.
3. Complete and sign through the platform; the output includes date and time, platform identification and a verification code.

This outline does not establish access for every overseas applicant.

As at 3 October 2026, the supplied research does not confirm whether Home Affairs accepts a myGov digital declaration for the section 48 lodgement requirement. For section 48 preparation, use an authorised-witness Commonwealth declaration.

Who can witness overseas?

Schedule 1 of the Statutory Declarations Regulations 2023 includes these examples:

1. Notaries public, including overseas notaries.
2. Australian consular or diplomatic officers.

Do not assume every foreign lawyer, local JP or embassy employee qualifies.

When the law requires a statutory declaration

The Migration Regulations 1994 require statutory declarations for section 48 partner-visa lodgement and for the specified declaration-based non-judicial family violence evidence route. Not every family violence claim uses that route.

1. Section 48’s additional lodgement documents.
2. The specified declaration-based family violence evidence package.

What declarations are required for section 48?

Section 48 of the Migration Act 1958 concerns specified refusal or cancellation circumstances and lack of a substantive visa—not every bridging-visa holder. Regulation 2.12 of the Migration Regulations 1994 prescribes the partner classes, subject to additional lodgement requirements.

Read the section 48 migration act guide for the detailed trigger.

Schedule 1 item 1124B(3)(e) of the Migration Regulations 1994 requires two declarations made no more than 6 weeks before lodgement by Australian citizens, permanent residents or eligible New Zealand citizens other than the partner.

Check:

1. Whether section 48 applies.
2. The restriction concerning specified previous partner, spouse or interdependency refusals since last entry.
3. The required sponsorship form, signed by the partner, at lodgement.
4. Two qualifying declarations declaring the married or de facto relationship, within six weeks.
5. Evidence of each declarant’s qualifying status.

These checks reflect item 1124B(3)(e) and (3A) of the Migration Regulations 1994.

Home Affairs’ subclass 820 page says current and previous Form 888 versions do not satisfy this requirement. It also requests status evidence: a driver’s licence or Medicare card is insufficient.

The declarant makes the statement; the authorised witness observes signing and completes execution under the Statutory Declarations Act 1959.

Do not substitute the applicant’s or sponsor’s account for these third-party declarations. The six-week rule is not a general expiry period.

What declaration is required for a family violence claim?

For the declaration-based non-judicial route, regulations 1.23–1.25 of the Migration Regulations 1994 require the relevant declaration plus specified evidence. LIN 23/026, Specification of evidentiary requirements—family violence, requires at least 2 evidence items of different types.

Keep distinct:

1. The relevant person’s Commonwealth declaration.
2. The specified supporting evidence of different types.
3. Other routes, including judicial evidence and joint undertakings.

These distinctions arise under regulations 1.23–1.25 of the Migration Regulations 1994.

Home Affairs’ Family violence evidence page confirms the Commonwealth declaration remains required for the two-item route and refers to Form 1410i for guidance. A general relationship account or Form 888 is not that declaration package.

Statutory declaration, relationship statement or Form 888?

A statutory declaration, relationship statement and Form 888 serve different purposes; current Form 888 is not a Commonwealth statutory declaration, according to Home Affairs’ subclass 820 page and Form 888.

The Statutory Declarations Act 1959 and Regulations 2023 establish execution rules. Home Affairs’ Form 888 and partner visa pages establish witness-statement attributes and requests; the Migration Regulations 1994 and Home Affairs’ Family violence evidence page establish the specialised declaration contexts.

A lawyer’s check of your statutory declarations

Ask an Australian migration lawyer to check the required declaration type, the contents and the execution before you lodge or respond to a document request.

A lawyer can check:

1. Which document the pathway calls for.
2. Whether accounts match records and explain genuine differences.
3. Approved-form, signing and witnessing compliance.
4. Section 48 declarants, status evidence and six-week timing.
5. The family violence evidence route and accompanying documents.

These checks concern requirements under the Statutory Declarations Act 1959, Statutory Declarations Regulations 2023 and Migration Regulations 1994, and Home Affairs’ subclass 820 and Family violence evidence pages.

For the specialised declaration and evidence route, see partner visa domestic violence.

Lawyer checking is a process check, not an outcome prediction. Home Affairs’ Using a legal practitioner page describes lawyers’ immigration-assistance role and says they cannot guarantee a visa or fast-track processing.

Ask an Australian migration lawyer to check the declaration’s purpose, maker, content, execution and timing before a partner visa lodgement or response.

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