RPM Immigration Lawyers

Family of the visa applicant’s de facto partner completing a form 888

 
When completing a form 888, the family members of the visa applicant’s de facto partner can sometimes – incorrectly – describe themselves as the visa applicant’s  ‘Mother in Law’, or ‘Brother in Law’, etc.

If the visa applicant and their sponsor were legally married, this description would be correct.

However, for de facto couples, the description is incorrect – as they are not legally married.

Therefore, when in a de facto relationship, your de facto partner’s mother (for example) is best to describe herself on the Form 888 as the ‘the applicant’s de facto partner’s mother’, rather than ‘the applicant’s Mother in Law’.

Whilst this may seem a minor thing, it’s best to get it correct.

How to refer to the applicant and sponsor on the Form 888

Partner visas can only be granted to spouses (legally married) or to de facto partners.

So, people completing Form 888s should avoid referring to partners as, for example, boyfriend/girlfriend.

For married couples, refer to each of the couple as Husband / Wife.

For de facto couples, refer to each of the couple as ‘de facto partners’.

Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.

Regards.

Ross McDougall.

Immigration Lawyer & Solicitor.

www.rpmlawyers.com.au

contactus@rpmlawyers.com.au

This information is correct on November 18th, 2024.  But keep in mind that immigration law changes from time to time.

Until now, the Form 888 has been a Statutory Declaration.  This means that the person signing the Form 888 needed to have their signature witnessed by an ‘authorised’ person.

That’s relatively straighforward, although somewhat inconvenient, for people in Australia.

For people outside Australia, it was often difficult and could be expensive.

The new Form 888

The new Form 888 is merely a written statement, and is not a Statutory Declaration.

That means that the person signing it does not need to have their signature witnessed.

The requirement that everything written in the Fom 888 must be true and correct remains.

Changes to the Form 888

This new form 888 will be much easier for your friends and relatives to use, as:

• Anybody in any country that is 18 years of age or older, and that knows you both (applicant and sponsor), can complete the new version of the form 888.

• The new form 888 is no longer a Statutory Declaration – so it does not need to be signed in front of an authorised witness. Only the person completing the form 888 needs to sign it.

• The person’s identity document that they provide with the form 888 no longer needs to be a ‘Certified True Copy’.

• The person no longer needs to list their occupation or contact telephone number.

All up, it’s a welcome common-sense change to the Form 888.

The new version of the Form 888 can be downloaded here: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://immi.homeaffairs.gov.au/form-listing/forms/888.pdf