DSPro · 2026-06-29

Statutory declarations in immigration applications

What statutory declarations are, when they are used in immigration processes, and how to prepare one that is likely to be accepted.

What a statutory declaration is

A statutory declaration is a written statement of fact that is signed by the declarant in the presence of an authorized witness, such as a lawyer, notary public, justice of the peace, or other official prescribed by law. By signing a statutory declaration, the declarant affirms that the contents are true and acknowledges that making a false declaration is a criminal offence. Statutory declarations are used in many legal and administrative contexts, including immigration applications, where they serve as a formal method of providing evidence when original documents are unavailable or when a personal account is required.

In the immigration context, statutory declarations are commonly used to explain gaps in documentary evidence, to provide a personal account of circumstances that are not otherwise documented, or to support claims about relationships, employment, or other matters where official records may be incomplete. They are not a substitute for primary evidence, and an immigration officer may give less weight to a statutory declaration than to an official document. However, when used appropriately, they can play an important role in filling evidentiary gaps.

This article provides general information about statutory declarations in immigration processes. It does not constitute legal advice, and the specific requirements for statutory declarations vary by jurisdiction. You should check the requirements of the immigration authority processing your application.

When a statutory declaration may be needed

Several common scenarios may call for a statutory declaration. If you cannot obtain an employment reference letter from a previous employer because the company no longer exists or the relevant manager cannot be located, a statutory declaration explaining the circumstances and describing the employment to the best of your knowledge may be accepted. Similarly, if a name on a document does not exactly match the name on your passport due to a change of name, spelling variation, or translation issue, a statutory declaration explaining the discrepancy can help the immigration officer understand the context.

Statutory declarations are also commonly used in partner visa applications, where both the applicant and the sponsor may be required to provide personal statements about the history and nature of their relationship. In some jurisdictions, these personal statements must be in the form of statutory declarations. They may also be used by third parties, such as friends and family members, who wish to provide supporting statements about a relationship.

In cases involving prior visa refusals, criminal history, or other adverse information, a statutory declaration can be used to present the applicant's explanation of the circumstances. This is often done alongside official records such as court documents or refusal letters. The declaration should be factual and consistent with the documentary evidence; it should not contradict or attempt to explain away objective facts.

How to prepare a statutory declaration

The form of a statutory declaration varies by jurisdiction, but the core elements are consistent. The declaration should begin with a heading identifying it as a statutory declaration. The opening paragraph should state the declarant's full name, address, and occupation, and include the formal declaration language prescribed by the relevant jurisdiction. For example, in Australia, the standard language is: "I, [name], of [address], [occupation], do solemnly and sincerely declare that..."

The body of the declaration should be written in the first person and organized into numbered paragraphs for clarity. Each paragraph should address a single fact or topic. The language should be plain and factual. Avoid argument, legal conclusions, or statements that you cannot verify from your own knowledge. If you are stating something that you believe to be true but do not have direct knowledge of, say so and explain the basis for your belief.

The declaration must be signed in the presence of an authorized witness. The witness must satisfy themselves as to the declarant's identity, usually by checking photo identification. The witness then completes the witness section of the declaration, stating their name, qualification to witness the declaration, and the date and place of signing. The witness signs and stamps or seals the document as required. The specific witnessing requirements vary by jurisdiction, and using the wrong type of witness can invalidate the declaration.

Limitations and best practices

A statutory declaration is evidence, but it is not conclusive. An immigration officer is entitled to assess the weight to give to a statutory declaration based on its consistency with other evidence, the plausibility of its contents, and any other relevant factors. A declaration that is inconsistent with documentary evidence will raise questions. A declaration that is vague, conclusory, or unsupported by any objective evidence will carry limited weight.

The best statutory declarations are specific, detailed, and consistent with the rest of the application. If a declaration explains a gap in evidence, it should also explain what steps were taken to obtain primary evidence and why those steps were unsuccessful. If a declaration describes events, it should include dates, names, and specific details wherever possible. General statements such as "I have always been a law-abiding person" are less useful than "I have no criminal convictions in any country, and I attach police clearance certificates from Australia and the United Kingdom confirming this."

Finally, remember that making a false statutory declaration is a serious offence. The consequences can include criminal prosecution, visa refusal, and a finding that the applicant does not meet the character requirement for any future visa. Never include information in a statutory declaration that you do not honestly believe to be true. If you are uncertain about a fact, state the uncertainty rather than asserting something you cannot be sure of.