Statutory declarations for a visa application: the Commonwealth form and Carer visa uses

A statutory declaration for a visa application is a written statement of facts, made on the Commonwealth form under the Statutory Declarations Act 1959 (Cth) and signed in front of an approved witness, and a false statement in it carries up to 4 years' imprisonment. A Carer visa uses one in 3 situations: other relatives explaining why they cannot give the care, a parent consenting to a child migrating, and a carer declaring a separation.

What is a Commonwealth statutory declaration?

A Commonwealth statutory declaration is a statement of facts made under the Statutory Declarations Act 1959 (Cth), on the form the Attorney-General approves, and used for Commonwealth purposes such as a visa application. Section 6(2) of the Act allows it to be used for a law of the Commonwealth and "in connection with the administration of any Department of State of the Commonwealth".

Since 1 January 2024, there have been three equally valid ways to make one, according to the Attorney-General's Department:

1. On the approved form, signed in front of an approved witness in person.
2. On the approved form, signed while an approved witness watches by video link.
3. Digitally through myGov, with a Digital Identity and no witness (s 9A of the Act; regulations 9 and 10 of the Statutory Declarations Regulations 2023).

State and territory statutory declarations are different documents made under different laws. For a Carer visa, the Commonwealth form is the one that fits, because the visa is a Commonwealth matter.

When does a Carer visa need a statutory declaration?

A Carer visa needs a statutory declaration in three situations, each tied to a question or note in Form 47OF (design date 07/26):

1. Care not reasonably available. The subclass 836 Carer visa page asks for written evidence that the person needing care has no reasonable access to care in Australia. Question 70 asks whether any relative in Australia is "reasonably able to provide the assistance required". A declaration from each of those relatives is one direct way to answer. The Department does not prescribe the format.
2. Child consent. A child under 18 migrating without a parent needs consent from each non-migrating parent or person with the legal right to decide where the child lives. That consent is given on Form 1229 or as a statutory declaration, unless a court order covers it.
3. Separation. A carer who is separated attaches a statutory declaration giving the partner's name, the date of marriage or when the de facto relationship began, the date of separation, and whether a divorce is intended (question 23).

What should other relatives' Carer visa declarations say?

Other relatives' Carer visa declarations say, in numbered paragraphs of fact, who the relative is, where they live, and why they cannot give the direct assistance the person needs. The legal test is regulation 1.15AA(1)(e)(i) of the Migration Regulations 1994 (Cth): the assistance cannot reasonably be provided by any other relative who is an Australian citizen, a permanent resident or an eligible New Zealand citizen.

The Department publishes no template for these declarations.

In practice, consistency matters more than length. Dates and facts that match across every declaration, Form 47OF Part L and Bupa's Statement of Assistance make the evidence easier to accept, while vague reasons such as "too busy" invite questions.

Who can witness a statutory declaration for a Carer visa?

A statutory declaration for a Carer visa is witnessed by a "prescribed person" listed in section 6 and Schedule 1 of the Statutory Declarations Regulations 2023. There are three groups:

1. Legal practitioners enrolled on the roll of a Supreme Court or the High Court.
2. 17 licensed or registered occupations (Schedule 1, Part 1): architect, chiropractor, dentist, financial adviser or planner, legal practitioner, medical practitioner, midwife, registered migration agent, nurse, occupational therapist, optometrist, patent attorney, pharmacist, physiotherapist, psychologist, trade marks attorney and veterinary surgeon.
3. 40 other persons (Schedule 1, Part 2). These include a Justice of the Peace, a police officer, a bank or credit union officer with 5 or more years of continuous service, and a permanent full-time or part-time teacher. They also include an ongoing APS employee with 5 or more years of service, an Australia Post agent in charge of an office, a registered marriage celebrant, a Commissioner for Declarations, a notary public, and anyone authorised under the law of the state or territory where the declaration is made.

A relative overseas needs a witness with a professional connection to Australia, such as a nurse registered in Australia, or a notary public, who can be appointed overseas. An Australian consular officer can also witness. Otherwise, a witness in Australia can watch by video link, according to the Attorney-General's page on declarations made overseas.

The Regulations do not exclude relatives as witnesses. Certified copies work differently: the Department's certifier must not be related to you.

Can a Justice of the Peace witness it?

Yes, a Justice of the Peace can witness a Commonwealth statutory declaration for a Carer visa, because a Justice of the Peace is item 20 in Part 2 of Schedule 1. So can a pharmacist (Part 1, item 13) and an Australia Post agent in charge of an office that serves the public (Part 2, item 2).

The witness's role is limited, according to the Attorney-General's information for witnesses. The witness checks that you understand the document and are not under pressure, but is not responsible for whether the contents are true. They are not required to check identification, and may refuse to witness.

How do you fill out a statutory declaration for a Carer visa?

You fill out a statutory declaration for a Carer visa by completing the 10 numbered fields of the Commonwealth statutory declaration form (last updated 1 January 2024) and signing it while the witness watches:

1. Your full name, address and occupation.
2. The facts, in numbered paragraphs.
3. Your signature, made in front of the witness. It can be handwritten or electronic (s 7A of the Act).
4. Your email address or telephone number.
5. The place where you sign.
6. The day.
7. The month and year.
8. The witness's signature.
9. The witness's full name, qualification and address.
10. The witness's email address or telephone number.

By video link, the witness watches you sign and then signs the copy you send them, in the same session (s 9(c)(ii)). Keep the signed original and send a certified copy with the application.

Is a statutory declaration the same as the Statement of Assistance?

No, a statutory declaration is not the same as the Statement of Assistance. The Statement goes to Bupa Medical Visa Services for the medical assessment, while declarations go to the Department with the visa application.

The Statement of Assistance is Bupa Medical Visa Services' own form, used under its contract with the Department of Home Affairs, and it is completed and signed by the person who needs care. It records their medical conditions, the help they need with daily living, and who currently cares for them. It ends with its own declaration and needs no witness. It is emailed to Bupa with a medical report to book the assessment that produces the Carer Visa Assessment Certificate.

Where do declarations carry a Carer visa criterion?

Declarations carry a Carer visa criterion in three places, and in each one they sit beside other evidence rather than replacing it:

Declarations go in as certified copies, like every other document in a paper application. What the Department weighs in deciding whether a family has reasonable access to care is set out on the criterion page. The order in which declarations join the rest of the file is set out in the guide to Form 47OF. The rest of the visa is mapped from Carer Visa Australia.

Read next

Proving care is not reasonably available for a Carer visaShow that no relative or service in Australia can reasonably provide the care. Carer visa medical assessment: how the carer assessment works, step by stepSeven steps turn a doctor's report into the certificate the visa depends on. Certified copies for a paper Carer visa applicationYour sponsor is a relative, so they should not certify your copies.