Partner visa statutory declarations: when you need one and who makes it

Published by Form 888 Australia · publisher and review details
as at October 2026, design date 08/26

Partner visa statutory declarations are Commonwealth statutory declarations on the Attorney-General's approved form, and some onshore applicants without a substantive visa must lodge 2 of them with the application.

Each must be made within 6 weeks before lodging by an Australian citizen, permanent resident or eligible New Zealand citizen other than the partner, Home Affairs says no version of Form 888 counts as one of the 2, and the sponsor makes 1 more at the permanent 801 or 100 stage.

The “Does Form 888 count?” column covers every edition up to the current 08/26. The Home Affairs Partner visa (subclass 820) page rejects every edition for the two-declarations requirement; the permanent-stage pages require the sponsor’s separate Commonwealth statutory declaration.

Not sure the two-declarations rule applies? An Australian migration lawyer can confirm it before you lodge.

Do you need a partner visa statutory declaration?

You need a partner visa statutory declaration in 2 situations Home Affairs sets out: when some onshore applicants lodge an 820/801 application without a substantive visa, and when the sponsor reaches the permanent 801 or 100 stage.

Each is a Commonwealth statutory declaration made on the approved form, as required by the Attorney-General’s Department. The declarant, content and timing differ between the two situations.

Applicants without a substantive visa: 2 declarations

Some onshore applicants who do not hold a substantive visa must lodge 2 Commonwealth statutory declarations with the application. The Home Affairs Partner visa (subclass 820) page says “a minimum of two”.

1. Who makes each: an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, under Schedule 1 item 1124B(3)(e) of the Migration Regulations 1994.
2. What each declares: that the applicant and the partner are in a married or de facto relationship, as specified in item 1124B.
3. When: item 1124B requires each declaration to be made no more than 6 weeks before the application is made and provided at the same time and place as the application. Home Affairs puts it as “each made within the last six weeks”.
4. Proof of each declarant’s status: the Home Affairs 820 page requires evidence of citizenship, permanent residence or eligible New Zealand citizenship, such as a passport or birth certificate. It states: “A driver's licence or Medicare card is not sufficient evidence.”

Home Affairs says the application “may be deemed invalid” if this information is missing when the application is lodged.

The scope needs care. Schedule 1 item 1124B(3)(e) of the Migration Regulations 1994 ties the rule to an applicant “to whom section 48 of the Act applies”. Section 48(1) of the Migration Act 1958 covers a non-citizen in Australia who does not hold a substantive visa and who, since last entering, was refused a visa—with the Act’s exceptions—or held a visa cancelled under the provisions it specifies.

The Home Affairs 820 page words the condition more broadly, referring to applicants who do “not hold a substantive visa”. These are not identical descriptions, so visa history matters when identifying the rule’s scope. A migration lawyer confirms whether it applies to your circumstances.

Why the supporting statements friends and family give do not count is explained in the section below about the separate supporting form.

The sponsor at the 801 or 100 stage

At the permanent 801 or 100 stage, the sponsor completes a Commonwealth statutory declaration that is attached to the application in ImmiAccount. The Home Affairs permanent Partner visa pages set out this requirement.

It applies to the permanent stage of both pathways: 820 then 801 for couples who applied in Australia, and 309 then 100 for couples who applied outside Australia. The declaration covers the relationship topics listed next.

What does the sponsor's partner visa statutory declaration cover?

The sponsor's partner visa statutory declaration covers information about any of 9 topics Home Affairs lists for the 801 and 100 stage, from the couple's mutual commitment to the exclusion of all others to their plans for the future.

The Home Affairs Partner visa (subclass 801) page asks for a declaration “with information about any of the following”. Its list, in order, is:

1. “Whether you and your spouse or de facto partner have a mutual commitment, to the exclusion of all others.”
2. “Whether your relationship is genuine and continuing.”
3. “Whether you live together or don't live permanently apart.”
4. “When your relationship began and how long you have lived together for.”
5. “The financial commitments you and your partner share.”
6. “The nature of your household (including any joint responsibility for the care and support of children).”
7. “The social aspects of your relationship.”
8. “The nature of your commitment to each other.”
9. “Your plans for the future.”

The Home Affairs Partner visa (subclass 100) page carries the same list. Its wording is “any of the following”, not an instruction that all 9 topics are compulsory. That wording should not be replaced with a different checklist rule.

The declaration should be the sponsor’s own account, in their own words—not a copied answer prepared for another couple. Intentionally making a false statement in it is an offence under section 11 of the Statutory Declarations Act 1959, which specifies imprisonment for 4 years.

The sponsor’s declaration and the couple’s partner visa relationship statement cover overlapping history: when the relationship began, living together and future plans. Home Affairs asks about these events in both accounts, so check that the dates and events agree. If an account contains an error, correct it rather than changing another document to repeat it.

When is the sponsor's declaration lodged?

Once 2 years have passed since the first application, the sponsor’s declaration is lodged with the other permanent-stage documents. The Home Affairs 801 and 100 pages say: “Submit your documents for the permanent stage of your Partner visa once two years have passed since you first applied. Do not attach them before this time.”

The same Home Affairs pages also ask for statements from 2 witnesses. Those statements are separate from the sponsor’s declaration.

The 6-week limit in Schedule 1 item 1124B of the Migration Regulations 1994 belongs to the 2 declarations required in the section 48 case. Do not confuse that lodgement requirement with the permanent-stage submission timing above.

Why doesn't Form 888 count as one?

Form 888 doesn't count as one of these declarations because it is not a statutory declaration: since the 07/23 edition (mid-2023) it has been a supporting statement whose closing declaration cites section 234(1)(b) of the Migration Act 1958. The Home Affairs 820 page expressly identifies its current legal nature.

For the two-declarations requirement, that Home Affairs page says: “The current and any previous versions of the Form 888 are not acceptable as they do not satisfy this requirement.” This includes the previous edition titled “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application”.

The 6-week limit in item 1124B belongs to the required statutory declarations, not to Form 888. At the 801/100 stage, Home Affairs asks for the sponsor’s statutory declaration and the 2 witness statements as separate documents.

How do you make a partner visa statutory declaration?

You make a partner visa statutory declaration on the Commonwealth approved form in 1 of 3 ways the Attorney-General's Department has listed since 1 January 2024.

The Attorney-General’s Department lists these methods:

1. In person: the approved form, observed in person by an approved witness.
2. By video link: the approved form, observed by an approved witness over a video link.
3. Digitally: through myGov with a Digital Identity. No witness is needed.

The Attorney-General’s Department states: “To make a valid declaration, you must use an approved form. You cannot create your own form.” Home Affairs points to the same source: “The Commonwealth Statutory Declaration form is available from the Attorney-General's Department.”

For Commonwealth statutory declarations, section 7A of the Statutory Declarations Act 1959 permits signing by hand or electronically, subject to its identification and reliability requirements. That provision has been in force since 1 January 2024.

Approved witnesses are the people prescribed in Schedule 1 of the Statutory Declarations Regulations 2023. Those Regulations replaced the 2018 Regulations on 1 January 2024. The Attorney-General’s Department’s statutory declarations page provides the making methods and access to its approved-witness information.

For the section 48 requirement, item 1124B requires the declarant to be an Australian citizen, permanent resident or eligible New Zealand citizen other than the partner; Home Affairs also requires their status evidence. At the 801/100 stage, Home Affairs requires the sponsor to be the declarant. Choosing a making method does not change who must make the declaration.

Is there a partner visa statutory declaration template?

The only partner visa statutory declaration template is the Attorney-General's approved Commonwealth statutory declaration form: a valid declaration must use it, and you cannot create your own form.

The content should be the declarant’s own truthful account. An intentionally false statement is an offence under section 11 of the Statutory Declarations Act 1959. For that reason, this page provides no filled-in example, Word version or sample wording to copy.

Why a migration lawyer prepares these declarations with you

Whether the two-declarations rule applies turns on the applicant’s visa history under section 48 of the Migration Act 1958 and Schedule 1 item 1124B(3)(e) of the Migration Regulations 1994. The Home Affairs 820 page says the application “may be deemed invalid” if the required information is missing at lodgement; item 1124B also requires declarations made within the specified 6-week period.

Before lodgement, an Australian migration lawyer checks whether the rule applies, whether each declaration uses the Attorney-General’s approved form, and whether its making date meets the timing requirement. Use the site’s enquiry form to Ask an Australian migration lawyer about those checks. Enquiries go to an Australian migration lawyer.

The practical benefit is identifying a scope, form, evidence or timing problem before submission—not predicting a visa grant.

Form 888: the statement friends and family give

Form 888 is the separate supporting statement friends and family give for the same partner visa application, and it answers to different rules from the declarations above. The Home Affairs visa pages identify it as the vehicle for supporting witness statements.

1. It is a supporting statement, not a statutory declaration. Home Affairs’ current form uses the supporting-statement wording introduced with the edition change described above. For a side-by-side explanation of the documents’ different roles, see Form 888 vs statutory declaration.
2. Home Affairs asks for statements from 2 witnesses at each stage, including 801/100. The current Form 888 says each supporter “may be asked to submit up to 3 separate statements” during processing. The 2 witnesses give their statements separately from the sponsor’s declaration; the guide to how many Form 888s explains the distinction between witness numbers and repeat statements.

For what the form asks and how it is used, start with Form 888 in Australia.