Go Back  British Expats > Living & Moving Abroad > Australia
Reload this Page >

Affidavit or statutary decl?

Affidavit or statutary decl?

Old Jan 24th 2005, 10:44 pm
  #1  
Just Joined
Thread Starter
 
cheakyboy's Avatar
 
Joined: Jan 2004
Posts: 15
cheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant future
Default Affidavit or statutary decl?

Hi

We have applied for a parents 103 visa, the meds and police checks are done. Our CO has requested a Affidavit or statutary declaration to prove our marital status and include childrens DOB etc, both our children are adults, (one lives in England the other in Australia).

Which one do we need to get the Affidavit of Declaration? Do they have to be signed by a Notary?

Any help on the subject will be appreciated. :
cheakyboy is offline  
Old Jan 24th 2005, 11:17 pm
  #2  
BE Enthusiast
 
Joined: Apr 2003
Posts: 551
Atticus will become famous soon enough
Default Re: Affidavit or statutary decl?

Without getting into technicalities, both have the same effect (as far as DIMIA is concerned), - you can have it notarised if you want but its fine to just have the solicitor witness it.

Solicitor is also a notary public (if they have signed on/paid for the privilege via law society) - NP needed for affidavits LOL its getting late brain isnt in gear - here you go

An affidavit is admissible if it is sworn (or affirmed) before a notary public, justice of the peace, or any person having authority to administer oaths for the place where the affidavit is sworn, such as a commissioner for oaths or a British diplomatic officer or consul abroad. A solicitor acting for such a party to the action may act in a notarial capacity when an affidavit is sworn. Any person before whom an affidavit is sworn (referred to below as "the notary") must observe all the normal rules in this connection and must satisfy himself or herself as to the capacity of the witness to swear an affidavit.

wording for an affidavit should be along the following lines:-

The document should be on A4 paper. The affidavit should commence with the words "At the day of 20 , in the presence of I having been solemnly sworn/having affirmed give evidence as follows:". The affidavit should be drafted in the first person and should take the form of numbered paragraphs. The full name, age, address and occupation of the witness should be given in the first paragraph. The affidavit should end with the words "All of which is the truth as I shall answer to God" or "All of which is affirmed by me to be true", as appropriate. Any blanks in the affidavit must be filled in. Any insertion, deletion or other amendment to the affidavit requires to be initialled by the witness and the notary. Each page must be signed by both the witness and the notary. It is not necessary for the affidavit to be sealed by the notary.

Bottom line though - can get whichever you prefer - might cost a bit more with an affidavit - I just got stat decs done.



all the best

Last edited by Atticus; Jan 24th 2005 at 11:31 pm.
Atticus is offline  
Old Jan 24th 2005, 11:42 pm
  #3  
Just Joined
Thread Starter
 
cheakyboy's Avatar
 
Joined: Jan 2004
Posts: 15
cheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant futurecheakyboy has a brilliant future
Default Re: Affidavit or statutary decl?

Thanks for that it helps alot.

Cheakyboy
cheakyboy is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.