Statutory Declaration for Family Relationship Verification for an Australian Visa: A Comprehensive Guide (Philippine Context)

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For specific concerns or personalized guidance, consult a licensed attorney or the relevant government authorities.

1. Introduction

When applying for certain Australian visas—such as a partner visa, child visa, or even certain family-sponsored visitor visas—you may be asked to provide evidence of your family relationship with the sponsor or primary applicant. One common way to do this is by submitting a Statutory Declaration (Stat Dec) that attests to the authenticity of your familial ties.

For Philippine residents or citizens, meeting Australian Department of Home Affairs requirements can be slightly different from the process in Australia itself. This article delves into how Statutory Declarations work in the context of verifying family relationships for Australian visas, with a particular focus on the Philippine setting.

2. What is a Statutory Declaration?

A Statutory Declaration is a written statement of fact that the declarant (the person making the declaration) signs and solemnly declares to be true under the laws of a particular jurisdiction. In the Australian context:

Statutory Declarations are governed by specific legislation (for example, the Statutory Declarations Act 1959 in Australia).
They require witnessing by an authorized person.
Providing false or misleading information in a Statutory Declaration can lead to serious legal consequences, including criminal charges.

For Australians and certain visa applicants inside Australia, there is a prescribed form and list of authorized witnesses (e.g., Justices of the Peace, lawyers, and certain public officials). However, for applicants outside Australia—in this case, the Philippines—the process of preparing an equivalent sworn statement requires compliance with both Philippine legal requirements and the Australian Department of Home Affairs guidance.

3. Role of a Statutory Declaration in Family Relationship Verification

3.1 Establishing Genuine Familial Ties

The Australian Department of Home Affairs may request evidence of the genuineness of a relationship when processing visa applications. This is particularly relevant for:

Partner (spouse/de facto) visas – proof of a genuine and continuing relationship.
Child visas – proof of biological or legal parental ties.
Parent visas – proof of child-parent relationship and sponsorship.
Other family-related visas – for siblings, extended family, and sponsored visitors.

A Statutory Declaration can serve as supporting documentation. It typically includes details such as:

How you (the declarant) know the visa applicant and sponsor.
The nature and length of the relationship or acquaintance.
Observations of shared life experiences or financial interdependence (for partners).
Other relevant family history or context that supports the visa application.

3.2 Supplement to Formal Documents

While official documents (e.g., birth certificates, marriage certificates, adoption papers) are primary evidence, the Department of Home Affairs sometimes requires or allows additional written statements to fill in gaps or clarify circumstances. A Statutory Declaration can be instrumental in:

Explaining inconsistencies in records.
Providing context for unusual family circumstances (e.g., custom adoptions, name discrepancies).
Demonstrating the existence of a de facto relationship.

4. General Requirements for Australian Statutory Declarations

If you are outside Australia, the Department of Home Affairs usually expects either:

An Australian Statutory Declaration witnessed by an Australian-authorized witness—often executed at the Australian Embassy or Consulate, or in the presence of a person listed by Australian law as an appropriate witness.

OR
A locally valid sworn statement (e.g., an Affidavit, in the case of Philippine law) that meets the same intent as a Statutory Declaration. The statement must be witnessed or notarized according to local legal requirements, and it must still comply with the content requirements set out by the Australian authorities.

Always check the specific visa instructions or the Department of Home Affairs website to confirm the exact requirements.

5. Preparing the Statutory Declaration in the Philippine Context

5.1 Using the Australian Embassy or Consulate Services

In the Philippines, the Australian Embassy in Manila (or the Australian Consulate, if available) can provide notarial services or guidance. While they may not always directly provide the exact “Statutory Declaration” form used in Australia, they can:

Witness signatures on an Australian Statutory Declaration form if that is what the Department of Home Affairs requires.
Provide official stamps or seals verifying that the signature and identity of the declarant have been checked.

Important Note: Embassy or Consulate appointments for notarial services usually require advanced booking and fees. Always consult the Embassy’s official website or contact them via phone/email to confirm availability, fees, and required documentation.

5.2 Using a Philippine Notary Public

If you are unable to go to the Australian Embassy or Consulate, you may instead execute a sworn statement (Affidavit) before a Philippine notary public. Key points include:

Correct Format: While the statement is not labeled a “Statutory Declaration,” it must contain all the elements the Australian authorities need, such as:
- A declaration that the contents are true and correct.
- Specific information about your relationship with the applicant/sponsor.
- Your signature and date of signing.
Notarial Acknowledgment: A Philippine notary public will typically have you sign the statement in their presence, verify your identification, and attach a notarization page (also called a jurat or acknowledgment, depending on the statement’s nature). This process confirms the authenticity of your signature under Philippine law.
Translation (If Needed): If any part of your affidavit is in a local Philippine dialect (e.g., Cebuano, Hiligaynon), you may need to provide certified translations in English. The Department of Home Affairs generally requires documents to be in English or accompanied by an English translation.

5.3 Authorized Witnesses

If you are using the Australian statutory declaration format, you must sign it before an authorized witness. Australian law typically recognizes:

Consular officials at the Australian Embassy/Consulate
Lawyers or notary publics qualified in the Philippines who are also recognized by Australian law to witness such documents

The list of authorized witnesses can be found on the Australian Attorney-General’s Department website. Verify that the witness you use is acceptable to the Department of Home Affairs.

6. Essential Content to Include

When drafting your Statutory Declaration or Philippine Affidavit for family relationship verification, consider including:

Full Names and Personal Details: Of both the declarant and the persons involved (visa applicant and sponsor).
Relationship Explanation: A clear statement of the family relationship (e.g., “I am the mother of the applicant,” “I have known the couple since they began dating,” etc.).
Timeline and Relevant Dates: Dates of important events (marriage, birth, cohabitation, etc.).
Observations / Personal Knowledge: Description of how you have witnessed or can attest to the genuine relationship.
Reference to Official Documents: Mention any supporting evidence you are aware of (birth certificates, marriage certificates, joint accounts, etc.).
Statement of Truth: A final declaration that the information provided is true, correct, and given of your own free will.
Signature & Date: The declarant’s signature must be accompanied by the date and the signature of the authorized witness.

7. Common Challenges and How to Address Them

Inconsistencies in Names: In the Philippines, people often use nicknames or have variations in spelling. Make sure the names in the Statutory Declaration match official IDs and birth certificates. If there are discrepancies, explain them clearly.
Lack of Documentary Evidence: Some relationships may not have formal papers (e.g., a de facto partner relationship). Provide as much detail as possible in the declaration, and consider attaching supplementary documents (e.g., pictures, money transfer receipts, or sworn affidavits from multiple people).
Witnessing Issues: Ensure your witness is fully qualified under Australian requirements if you are using a formal Australian statutory declaration. If using a Philippine affidavit, ensure it’s properly notarized and includes all relevant seals and documentary stamps required under Philippine law.
Processing Delays: Notarial services at the Australian Embassy can be in high demand. Book appointments early to avoid visa processing delays.

8. Legal Consequences of False Declarations

Both Australian and Philippine laws penalize the making of false statements in legal documents. Under Australian law:

Making a false Statutory Declaration can lead to imprisonment of up to 4 years (depending on the jurisdiction and specifics).

Under Philippine law:

Perjury charges can be filed for providing false statements in sworn affidavits, carrying possible imprisonment and/or fines.

It is crucial to ensure the information in your Statutory Declaration or Affidavit is accurate and truthful.

9. Practical Tips for Applicants and Declarants

Coordinate Early: As soon as you know you need a Statutory Declaration, gather the necessary information and book a notarial appointment in advance.
Use Clear Language: Keep the language simple and factual. Legal jargon is not necessary if your statement is clear and concise.
Attach Supporting Evidence: Where feasible, attach relevant documents (photos, certificates, receipts) to further substantiate your claims.
Check Visa Instructions: Requirements can differ across visa subclasses. Always cross-check with the official Department of Home Affairs instructions or a migration agent.
Consult an Attorney or Migration Expert: If in doubt about the content, format, or witnessing requirements, seek professional advice to avoid mistakes that could delay or jeopardize the visa application.

10. Where to Get More Information

Australian Department of Home Affairs
- Official Website
- Check the “Family” section for specific visa subclasses and documentation checklists.
Australian Embassy, Manila
- Official Website
- Provides details on notarial services, contact information, and appointment systems.
Philippine Notarial Rules
- Governed by the 2004 Rules on Notarial Practice (Philippines).
- A local attorney can advise on the specifics of executing an affidavit under Philippine law.
Professional Legal Help
- Philippine Lawyers (for local affidavits)
- Australian-registered migration agents (for compliance with Australian visa requirements)

11. Conclusion

A Statutory Declaration (or an equivalent sworn statement, such as an Affidavit in the Philippines) can be a vital piece of evidence in establishing genuine family relationships for an Australian visa application. Filipino applicants, sponsors, or supporters must ensure that their statements adhere to both Australian and Philippine legal requirements, including proper witnessing or notarization and accurate content.

Given the legal complexities and the high stakes involved in any visa application, it is always prudent to seek timely, professional guidance. Properly prepared documents can significantly streamline the application process and help demonstrate the authenticity of the familial bond to the satisfaction of the Australian Department of Home Affairs.

This information is current as of the date of publication and is subject to change. For the most accurate and up-to-date guidance, please consult an accredited migration agent, attorney, or the relevant government authority.