Partner Visa Statutory Declaration

A declaration does not replace documents. It states what the document trail cannot, and a Commonwealth statutory declaration carries a penalty of 4 years' imprisonment for an intentionally false statement under section 11 of the Statutory Declarations Act 1959 (Cth). This page covers which declarations a partner visa needs and what goes in them, as at 23 September 2026.

Which statutory declarations does a partner visa application need?

A partner visa file uses Commonwealth statutory declarations in three main places, and in two further situations:

1. The sponsor's second-stage declaration. Home Affairs requires the sponsor to attach a Commonwealth statutory declaration about the relationship for the subclass 801 or 100 assessment.
2. The at-lodgement declarations. An applicant in Australia who does not hold a substantive visa must include at least 2 statutory declarations, each made within the last 6 weeks by an Australian citizen, permanent resident or eligible New Zealand citizen, confirming that the couple is in a married or de facto relationship. Evidence of each declarant's status must be included. Home Affairs warns that without them the application may be invalid.
3. The couple's own statements, if you choose to declare them. At the first stage Home Affairs asks for a written relationship history but does not require it to be a statutory declaration.
4. Former relationships. Home Affairs accepts statutory declarations, among other documents, to show that an earlier marriage or relationship has ended.
5. Reconciliation. If you told the Department the relationship ended and it has since resumed, the Partner visa FAQs ask for a statutory declaration from each of you.

Friends and family use Form 888 instead (see Form 888 for a partner visa). Every witnessed Commonwealth statutory declaration must be made before a person on the list in the Statutory Declarations Regulations 2023 (Cth). The full list is on the who can sign a Form 888 page. Who may witness the couple's declaration, including by video, through myGov or outside Australia, is on the witness page linked at the end of this page.

What is a statutory declaration in a partner visa application?

A statutory declaration is a written statement of facts that the person making it declares to be true, under the Statutory Declarations Act 1959 (Cth). In a partner visa application it turns a written account into sworn evidence, so a false statement becomes a criminal offence, not only a reason to refuse. What it says must still match the rest of the file.

The applicant's and sponsor's partner visa statutory declaration

What goes in the applicant's declaration

Follow the relationship history Home Affairs asks for: how, when and where you met, how the relationship developed, when you moved in together, got engaged or married, what you do together, time apart, significant events and your plans. Arrange it under the four factors in regulation 1.09A(3) or 1.15A(3) of the Migration Regulations 1994 (Cth) and date each event. Number each paragraph and write in the first person, as myGov asks for a digital declaration.

What goes in the sponsor's declaration

For the subclass 801 and 100 assessment, Home Affairs lists what the sponsor's declaration should address:

• whether you have a mutual commitment to each other to the exclusion of all others
• whether the relationship is genuine and continuing
• whether you live together or do not live permanently apart
• when the relationship began and how long you have lived together
• the financial commitments you share
• the nature of your household, including joint care of children
• the social aspects of the relationship
• the nature of your commitment to each other
• your plans for the future.

These mirror sections 5F(2) and 5CB(2) of the Migration Act 1958 (Cth) and the four factors, so answering each point with dated facts covers the whole statutory test. A first-stage sponsor statement can follow the same list, in the sponsor's own words.

Is the couple's declaration required, or optional?

At the first stage the form is optional: Home Affairs requires the written history, not a statutory declaration. At the second stage the sponsor's declaration is required. The at-lodgement declarations in item 2 are made by third parties, not by the couple.

Form 888 in a partner visa application

Form 888 is a supporting statement, not a statutory declaration, and Home Affairs says no version of it satisfies the at-lodgement declaration requirement. Home Affairs asks for statements from 2 witnesses at each stage; see Form 888 for a partner visa.

Does a partner visa statutory declaration have to be handwritten?

No. myGov says the Commonwealth form can be completed electronically or printed and completed in pen, or made digitally through myGov. The signature and the witnessing (or the digital identity check) are what count.

What happens if a statutory declaration is false?

Intentionally making a false statement in a Commonwealth statutory declaration carries a penalty of 4 years' imprisonment (s 11 Statutory Declarations Act 1959 (Cth)). Giving a false or misleading statement in connection with a visa application is also an offence under section 234 of the Migration Act 1958 (Cth), with a maximum of 10 years' imprisonment or 1,000 penalty units, or both. For the visa itself, the partner visa criteria include public interest criterion 4020 in Schedule 4 to the Migration Regulations 1994 (Cth), which allows refusal where false or misleading information has been given. A declaration that contradicts the file is also one of the signals discussed on the contrived relationship page.

Common mistakes in a partner visa statutory declaration

• The signature was not witnessed, or the witness is not on the prescribed list.
• The witness's name, qualification or address is missing.
• The declaration is dated before the events it describes, or is more than 6 weeks old where the 6-week rule applies.
• The applicant and sponsor filed the same text with the names swapped.
• It states conclusions ("our relationship is genuine") instead of facts ("we signed a joint lease on 1 June 2023").
• It is made on a state or territory form instead of the Commonwealth form.

What declarations does the second stage need?

Fresh ones. For the subclass 801 or 100, Home Affairs requires the sponsor's Commonwealth statutory declaration covering the matters listed above, plus new Form 888 statements from 2 witnesses. The declaration covers the period since you applied, and goes in once two years have passed since the first application.

Questions about partner visa statutory declarations

How many statutory declarations do you need?

One from the sponsor at the second stage, and at least 2 from third parties at lodgement if you apply onshore without a substantive visa. Others are optional.

Can your parents make one?

Anyone can make a statutory declaration about any matter (s 6(1) Statutory Declarations Act 1959 (Cth)). For the at-lodgement declarations, each declarant must be an Australian citizen, permanent resident or eligible New Zealand citizen, and Home Affairs does not exclude relatives.

Can a declaration be made outside Australia?

Yes. The Act applies outside Australia (s 5(1)). It is witnessed by someone authorised overseas or made digitally through myGov; the witness page linked below explains who.

Does the Department accept a declaration made on a state form?

Home Affairs asks for the Commonwealth Statutory Declaration form from the Attorney-General's Department. State and territory forms are made under state law, so use the Commonwealth form.

Partner visa evidence documents

• The Form 888 for a partner visa page: the supporting statement friends and family make.
• The who can sign a Form 888 page: who may make a Form 888, and the full list of people who can witness a Commonwealth statutory declaration.
• The who can witness a statutory declaration page: in-person, video and myGov methods, and witnesses outside Australia.
• The partner visa relationship evidence page: the four factors every declaration should address.

A defective declaration can make an onshore application invalid at lodgement, or leave the second stage without the sponsor's account. An application prepared by a registered migration agent or an Australian legal practitioner is more likely to succeed. They can confirm which declarations your circumstances call for, check each one is on the right form and properly witnessed, and make sure its content matches the documents. No adviser can promise a grant.

Questions people ask

Is a statutory declaration required for a partner visa?

It depends on the stage and your visa status. At the second stage (subclass 801 or 100) the sponsor must attach a Commonwealth statutory declaration about the relationship. An applicant in Australia without a substantive visa must lodge at least 2 statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens. At the first stage otherwise, the couple's written statements do not have to be statutory declarations.

Is Form 888 a statutory declaration?

No. The current Form 888 is titled a supporting statement in relation to a Partner or Prospective Marriage visa application, and Home Affairs says it is not a statutory declaration. It cannot be used where the Department asks for a Commonwealth statutory declaration, such as the 2 declarations an onshore applicant without a substantive visa must lodge.

What should a sponsor write in a partner visa statutory declaration?

At the second stage, Home Affairs asks the sponsor to cover their mutual commitment, whether the relationship is genuine and continuing, whether they live together, when the relationship began and how long they have lived together, shared finances, the household, the social aspects, their commitment and their plans for the future. Each point should be supported with dates and events.

Can I use a state statutory declaration form for a partner visa?

Home Affairs asks for the Commonwealth Statutory Declaration form, which comes from the Attorney-General's Department. State and territory declaration forms are made under state law, so use the Commonwealth form for a partner visa.

What happens if you make a false statutory declaration?

Intentionally making a false statement in a Commonwealth statutory declaration carries a penalty of 4 years' imprisonment under section 11 of the Statutory Declarations Act 1959 (Cth). A false or misleading statement in a visa application is also an offence under section 234 of the Migration Act 1958 (Cth), and partner visa criteria include public interest criterion 4020, which deals with false or misleading information.

Sources

Primary sources this page was checked against on 23 September 2026.

1. Statutory Declarations Act 1959 (Cth) (Federal Register of Legislation) www.legislation.gov.au
2. Statutory Declarations Regulations 2023 (Cth) (Federal Register of Legislation) www.legislation.gov.au
3. Home Affairs, Partner visa (subclass 820), declarations required at lodgement immi.homeaffairs.gov.au
4. Home Affairs, Partner visa (subclass 801), sponsor's statutory declaration immi.homeaffairs.gov.au
5. Home Affairs, Form 888 supporting statement (PDF) immi.homeaffairs.gov.au