Practical Guide to Writing Form 888

Form 888 is created by the Department of Home Affairs and is generally required for a Partner or Prospective Marriage visa applications. This form is essentially a commonwealth statutory declaration, under the Statutory Declarations Act 1959.

It is conveniently formatted, requiring the Declarant (the person making the declaration) to provide their personal information, and make a statement in relation to the relationship of the Couple (usually the Visa Applicant, and the Sponsor).

Given that it is a statutory declaration with a specific purpose for Australian partner visas, this is a very important piece of document.

Specifically, if a person is applying for a partner visa in Australia, whilst they are currently only holding a bridging visa, or even while they are unlawful, they may be required to present at least two valid Form 888s, for the Department to accept their partner visa application.

If the Form 888 is found to be ‘defective’, then the Department legally cannot accept the partner visa application until all the defects are amended with a new Form 888s.

Form 888 is the application form for Australian citizenship. In order to complete it, you will need to provide a range of information about yourself, your family, and your background. This guide will help you understand what is required and how to complete the form. You should also consult an immigration lawyer if you have any questions about the process or are unsure of what is required. Completing Form 888 can be complicated, but with this guide, you will be able to do it easily. Good luck!

Avoid These Mistakes

There are 2 main applications to the Partner Visa:

Below are common mistakes that we see, which would render the Form 888s defective:

1. Form 888 Contents Not Being Legible

The contents give the Form 888 its legal value. Hence, we strongly recommend the Form 888 be completed using a computer.

This makes it so much easier to be amended if needed.

Please note that you should not complete Question 6 onwards until before your signature is witnessed/certified by a qualified witness.

2. Not Getting it Witnessed and Certified by a Qualified Witness

On Page 1 of Form 888, you will find a list of qualified persons that you may request to witness your signature and to certify your evidence of Australian citizenship or permanent residency.

You MUST sign this in FRONT of the qualified witness, and DO NOT pre-sign the form.

We generally recommend that you go to a local pharmacy to a registered pharmacist as they are easily found.

There is no legal requirement that the qualified person knows the Declarant.

3. Not Preparing the Correct Evidence of the Citizenship or Permanent Residency

For Form 888 to be complete and valid, it must have evidence of the Declarant’s Australian citizenship or permanent residency.

Hence the most direct evidence of this would be:

- Australian Passport; or

- Foreign Passport with PR Grant Letter

Their birth certificates can be used, if the person was born in Australia before 20 August 1986.

Below are not acceptable evidence of their Australian citizenship or PR

- PR Grant Letter or VEVO Report only without the Foreign Passport;

- Drivers Licence or Age Card

- Medicare Card

The certified copy does not have to be in colour, but it is preferred.

The certified copy of their status does not have to be certified together at the same time and place, and by the same person as the Form 888.

4. Correctly Identify the Visa Applicant, and the Applicant’s Partner (the Sponsor)

The Visa applicant is the non-Australian citizen or a Permanent Visa Holder, who is applying for the partner visa.

Sometimes we see the Declarants mistakenly identifying the wrong party as the visa applicant.

5. Correctly placing the Legal Full Names of the parties

Some people may have an English nickname that they are better known for, instead of their actual legal name on their passports or another form of identification documents.

If you do not record the correct legal name with the correct spelling, Form 888 may become defective.

A Tip: you can place their unofficial name in brackets, so for example:

Family name: Kim

Given names: Un-jung (Donald)

Once you have identified his English alias, you can refer to them using their English names in the other parts of the declaration.

6. Question 4 of the Form 888: Not stating the correct type of relationship

Question 4 specifically asks the Declarant to state whether you believe the relationship to be genuine and continuing, and then the reasons.

Hence, the best way to respond to this question is by starting with the following sentence:

“I believe the (choose: “de facto”, “spousal”, “engaged”) relationship between the Applicant and his/her Partner to be genuine and continuing.”

This is the most common mistake that we see – by not stating what type of relationship this is, and also not stating that you believe that the relationship is genuine and continuing.

You can then give your personal reasons as to why you believe this statement is true.

7. Form 888 can Expire: 6 Week Expiry

If the Form 888s are being prepared for the Visa Applicant who only holds a bridging visa or no visa, then you must observe that the Form 888 must be made within 6 weeks before the day that the actual visa is applied.

Hence, it may be wise to have this Form 888s ready only when the visa application is almost ready for lodgement.

If you have engaged Agape Henry Crux as your representatives already, you should first have the Declarant to ‘draft’ the Form 888 electronically, then have it sent to us before they print it and have it witnessed. This way, we can identify any issues or defects and can help you amend them before it gets finalised.

If you are preparing for your partner visa on your own, Contact us to find out more or book a Migration Planning Session with one of our immigration lawyers to seek professional advice. Call at 02-7200 2700 or email us to schedule a time at info@ahclawyers.com.