Who Can Witness a Statutory Declaration for a Partner Visa
A Commonwealth statutory declaration for a partner visa is signed in front of an authorised witness from the occupations listed in the Statutory Declarations Regulations 2023, and since 1 January 2024 it can also be witnessed by video.
The witness must be someone other than the person making the declaration, and the declaration must be on the Commonwealth form even when the witness is authorised under state law. This page is current as at 23 September 2026.
| Method | Witness needed | Where the witness can be | What the witness signs | Accepted for a partner visa |
|---|---|---|---|---|
| Wet ink, in person | Yes, an authorised witness | In the same room as you | The declaration, after watching you sign it | Yes, the standard method |
| Signed and witnessed by video link | Yes, an authorised witness | Anywhere, on the same video call | The declaration, or a copy they are satisfied is a true copy (s 9(c)(ii)) | Home Affairs asks for the Commonwealth form and names no excluded method |
| Digital, through myGov | No witness | Not applicable | Not applicable: your identity is checked with a Digital ID of at least Standard strength | Home Affairs asks for the Commonwealth form and names no excluded method |
The three methods come from sections 9 and 9A of the Statutory Declarations Act 1959 (Cth), as amended by the Statutory Declarations Amendment Act 2023 (Cth) from 1 January 2024.
Who can witness a statutory declaration for a partner visa?
A statutory declaration for a partner visa can be witnessed by any prescribed person under section 6 of the Statutory Declarations Regulations 2023 (Cth). These Regulations replaced the Statutory Declarations Regulations 2018 from 1 January 2024. The prescribed persons fall into three groups: legal practitioners on a Supreme Court or High Court roll, the 17 occupations in Part 1 of Schedule 1, and the 40 categories in Part 2 of Schedule 1.
| Occupation group | Examples from Schedule 1 | Condition attached |
|---|---|---|
| Registered health professions | Medical practitioner, nurse, midwife, pharmacist, dentist, psychologist, physiotherapist, optometrist | Currently licensed or registered to practise in Australia |
| Other registered professions | Legal practitioner, architect, financial adviser, patent attorney, registered migration agent, veterinary surgeon | Currently licensed or registered to practise in Australia |
| Courts and justice | Justice of the Peace, Commissioner for Declarations, judge, magistrate, clerk or registrar of a court, bailiff, sheriff | Holds the office at the time of witnessing |
| Police and defence | Police officer; Australian Defence Force officer, warrant officer, or non-commissioned officer with 5 or more years' service | Service condition for non-commissioned officers |
| Banks and lenders | Bank, building society, credit union or finance company officer | 5 or more years of continuous service |
| Public sector | APS employee, state, territory or local government employee, Commonwealth authority employee | 5 or more years of continuous service (senior executives exempt) |
| Professional bodies | Accountants in named bodies, engineers, Governance Institute members, AusIMM members | Membership or registration as listed |
| Community roles | Teacher, registered marriage celebrant, registered minister of religion, member of parliament or local council, postal agent in charge of an office | As listed in Schedule 1 |
| Overseas officials | Australian consular or diplomatic officer, authorised Commonwealth or Austrade employee overseas, notary public | Exercising the function at the overseas post (notaries may be registered overseas) |
| State-law witnesses | Anyone who may witness a statutory declaration under the law of the state or territory where you sign | That state's own list applies |
The full list, item by item, is on the who can sign a Form 888 page. The content of the declaration you ask them to witness is covered on the partner visa statutory declaration page.
Six witnesses that are easy to find
- A Justice of the Peace.
- A legal practitioner.
- A medical practitioner.
- A pharmacist currently registered to practise in Australia.
- A police officer.
- A bank officer with 5 or more years of continuous service.
Can your partner, a relative or a friend witness a partner visa declaration?
You cannot witness your own declaration, even if you hold a prescribed occupation. Beyond that, the Attorney-General's Department says the Act does not stop a friend or family member witnessing, as long as they are an approved witness at the time. Even so, a declaration about your relationship witnessed by your partner or a close relative invites questions that an independent witness avoids. A Form 888 for a partner visa is different: the supporter signs it and it needs no witness.
Can a partner visa statutory declaration be witnessed by video or signed digitally?
Yes, both, since 1 January 2024.
By video link:
- Complete the Commonwealth form, on paper or electronically.
- Join a video call with an approved witness and sign while they watch, by hand or electronically (s 7A allows either).
- Send the witness the signed declaration or a copy. They sign it, or a copy they are satisfied is a true copy, and complete the witness section.
Digitally through myGov: you need a Digital ID of at least Standard identity strength linked to myGov. myGov uses the name on your Digital ID, produces a PDF you must download (it keeps no copy), and needs no witness.
Who can witness a partner visa statutory declaration outside Australia?
The Statutory Declarations Act 1959 (Cth) applies both inside and outside Australia (s 5(1)). Overseas, the options are:
- an Australian consular or diplomatic officer at an embassy, high commission or consulate
- an Australian Trade and Investment Commission (Austrade) employee or Commonwealth employee authorised under the Consular Fees Act 1955 at an overseas post
- a notary public, including one registered by an overseas body, which the Attorney-General's Department describes as the exception to needing an Australian registration
- any other prescribed person who meets their condition, for example a practitioner still currently registered to practise in Australia
- an approved witness in Australia, by video link.
If none of these is practical, a digital declaration through myGov needs no witness, provided you can set up a Digital ID. Ask the post about appointments and any fee before you go.
What must the witness write on a partner visa declaration?
According to the Attorney-General's Department, the witness signs the declaration and writes, types or stamps:
- their full name
- their personal or professional address
- their qualification as a statutory declaration witness, in the words of the Schedule (for example "Justice of the Peace" or "Pharmacist").
The witness should complete their section in the same sitting or video call in which they watched you sign.
Does a state statutory declaration work for a partner visa?
Not as a form. Home Affairs asks for the Commonwealth Statutory Declaration form, and each state and territory has its own form made under its own law. A state list of authorised witnesses does still matter in one way: item 32 of Part 2 of Schedule 1 lets anyone who may witness a declaration under the law of the state or territory where you sign also witness the Commonwealth form. So a witness from a Victorian or South Australian list can sign, but the form must be the Commonwealth one.
What happens if the wrong person witnesses a partner visa declaration?
It is not a valid statutory declaration under section 9 of the Act. The Department may ask for a replacement under section 56 of the Migration Act 1958 (Cth), or decide on the file as it stands. For the 2 at-lodgement declarations an onshore applicant without a substantive visa needs, a defective declaration can mean the requirement was not met when the application was made. Replace it with a new, properly witnessed declaration.
Questions about witnessing a partner visa declaration
Does the witness read the declaration?
Not necessarily. The witness's role is to watch you sign; the truth of the contents is your responsibility.
Does the witness charge a fee?
Nothing in the Act or the Regulations sets a fee, so ask the witness before you book.
Does a copy of the declaration need to be certified?
No. It is an original; upload a colour scan. See certified copies for a partner visa for when certification matters.
Can the same witness sign both partners' declarations?
Yes. Nothing in the Act or the Regulations prevents it, provided each person signs in front of them.
Witnessed partner visa declarations and Form 888
- The partner visa statutory declaration page: which declarations a partner visa needs, and what goes in them.
- The who can sign a Form 888 page: the full list of prescribed witnesses, item by item.
- The certified copies for a partner visa page: when a partner visa document needs a certified copy.
- The Form 888 for a partner visa page: the supporting statement friends and family make. It is signed by the person making it and is not witnessed.
A declaration made before the wrong person is not a statutory declaration at all, and for an onshore applicant without a substantive visa that can put the application at risk at lodgement. An application prepared by a registered migration agent or an Australian legal practitioner is more likely to succeed, because they check each declaration's form, witness and date before it is lodged, not after the Department asks. No adviser can promise a grant.
Questions people ask
Who can witness a statutory declaration for a partner visa?
Anyone listed in Schedule 1 of the Statutory Declarations Regulations 2023 (Cth), or enrolled as a legal practitioner on a Supreme Court or High Court roll. Common choices are a Justice of the Peace, a legal practitioner, a medical practitioner, a pharmacist, a police officer, and a bank officer with 5 or more years of continuous service. The witness cannot be the person making the declaration.
Can a statutory declaration for a partner visa be witnessed over video?
Yes. Since 1 January 2024 the Statutory Declarations Act 1959 (Cth) allows an authorised witness to watch the declarant sign by video link. The witness then signs the declaration or a true copy of it. The two people do not need to be in the same place, but they must take part in the same video call.
Can a family member witness my statutory declaration?
The Attorney-General's Department says the Act does not stop a friend or family member witnessing a Commonwealth statutory declaration, provided they are an approved witness. You cannot witness your own declaration. Using an approved witness from outside the relationship avoids any question about independence.
Who can witness a statutory declaration outside Australia?
Outside Australia, an Australian consular or diplomatic officer, certain authorised Commonwealth and Austrade employees, and a notary public, including a notary registered overseas, can witness a Commonwealth statutory declaration. An approved witness in Australia can also witness by video link. Alternatively, a declaration can be made digitally through myGov with no witness.
Does a state statutory declaration work for a partner visa?
Home Affairs asks for the Commonwealth Statutory Declaration form. A person authorised to witness state declarations in the state where you sign can witness the Commonwealth form, but the form itself must be the Commonwealth one.
Sources
Primary sources this page was checked against on 23 September 2026.
- Statutory Declarations Regulations 2023 (Cth), s 6 and Schedule 1 www.legislation.gov.au
- Statutory Declarations Act 1959 (Cth), ss 7A, 8, 9 and 9A www.legislation.gov.au
- myGov, Commonwealth statutory declarations my.gov.au
- myGov, Create a digital Commonwealth statutory declaration my.gov.au
- Home Affairs, Partner visa (subclass 820), statutory declarations at lodgement immi.homeaffairs.gov.au