Unlock the Legitimacy of Digital Signature Licitness for Assignment of Partnership Interest in Australia

How to eSign a document: digital signature licitness for Assignment of Partnership Interest in Australia

Ahmed ask the question he said hi Martin uh I have a bit of an issue with my form Triple Eight my sister-in-law didn't follow the exact instructions for filling out the form I advise her to get the documents witnessed by JP but instead she got her partner who happens to be a doctor medical practitioner practitioner witnessed it for her but also didn't certify the attached Australian citizenship to it my question is in your opinion does that invalidate the formulate and therefore I cannot use it in my application so basically my answer to this question is broken into two sections there's two separate topics here firstly it is who can witness the form Triple Eight signature okay which is a it's a commonwealth statutory declaration form and it tells you firstly is who can witness a statutory declaration in Australia they formed specifically outlines who can okay so as long as they're one of these people or hold this type of qualification or classified under one of these occupations they are eligible to witness the signature of whoever it is that's declaring okay so stick a job let's say your mum your dad your brother your friend your colleague whoever's completing the form Triple Eight and then that qualified person's signature the witness's signature goes here okay and that's this signature needs to be from someone who is on this list now to to Ahmed scenario the form Triple Eight was witnessed by a medical doctor I mean related to the person who was making the Declaration but that's fine it's not an issue in relation to being related um so therefore the form Triple Eight to me seems to have been witnessed correctly given that it was a doctor or medical practitioner that witnessed the signature okay so who was the qualified person but he mentioned that they didn't attach a certified copy of the Australian citizenship to it which is the second half of that process you know the first requirement is that it's properly witnessed by a qualified person and then you do want to attach certified copies of the person's ID you know and again that's all stipulated it's all outlined in the form Triple Eight so you're really just following what the form asks you to do okay and the form asks you somewhere here come record exactly where but somewhere on the form it mentions you want to attach certified copy of the person's ID to to the form to play as in the person making the Declaration so whoever it is your mother your cousin your friend whoever it is that's making this decoration you want to attach a certified copy of that person's ID and proof if they're an Australian citizen you know if you're trying to give them statements from Australian citizens you want to provide proof of that person's citizenship so it's not necessarily that it would invalidate the form Triple Eight that there's nothing in law in the migration regulations or the migration act or even government policy that specifically says the form triplet would be invalidated if you don't attach a copy of that person's ID but it may just not be taken into consideration you know and unfortunately we don't know ultimately you don't know if a case officer will consider that formatively or not consider that form Triple Eight if it isn't properly witnessed and if it doesn't have the required identity documentation and citizenship documents you know to it so really you want to follow that formulate as best as you can in terms of what it states to ensure that it's considered okay but it doesn't mean it's invalidated if you don't and also just to clarify you know form Triple H can be completed by non-australian citizens and permanent residents people overseas can complete form triplets and again that is all mentioned and explained here okay so if you are not an Australian citizen or permanent resident and you reside outside Australia your statement cannot be considered a statutory decoration but it can still be considered a statement okay so arguably people overseas that are not Australian citizens are not permanent residents are providing supporting statements they can use form triplets I say this all the time when I talk to clients and other easy users but it's just not going to be considered a stat deck so arguably it may not hold as much weight as someone who is an Australian citizen or permanent resident providing form triplets you know if I were to if I were to draw this get the camera in Focus if we're talking about supporting statements from friends and family what I like to explain is it's like a pyramid okay is that a triangle or there and let's say on this half is the applicant and on this half is the sponsor now ideally what you want is you want supporting statements from both sites you want supporting statements from the applicant side and from the sponsor side at the top of the pyramid ideally you want statements from those closest to the couple and typically that's going to be their family commonly speaking you know so immediate family members parents siblings you know immediate family then we have let's say extended family [Music] and let's say you know friends mutual friends colleagues okay in terms of what I would say is most weighted almost heavily weighted statements from people that know the couple intimately and that's generally going to be there are many family members and they're working down to extend a family and then France in terms of weight right this is this isn't an official pyramid this is our take on it okay the government won't corroborate my position my opinion on this this is just based off what we think is best practice in who you want to get supporting statements from okay now typically speaking because the applicant obviously isn't from Australia most of their side of the statements will be from people that probably aren't in Australia so the people overseas now people overseas are providing supporting statements that's fine and they can complete form triple Eights because the Fallen AAA specifies this form Triple A tells you that you can still complete a form triplet if you're overseas if your family members overseas they can still complete a form triplet but it just it just won't be considered a stat deck so let's use a let's use a bit of a an icon in terms of what's going to be like a strength multiplier let's use a it's going to be a lightning rod okay for a power multiplier you know statement from citizens and permanent residence May hold a little bit more weight because they're written by Australians and permanent residents and the government May Trust and Believe those statements more than statements made by people overseas that are not not Australians or permanent residents but if you do have family overseas that are not citizens or permanent residents you still want statements from them you still want to tick these boxes and they can still complete form triple eights but often what I recommend is that you use or they use whatever the official statutory declaration form is ing to their country where they reside you know so if your parents are in the UK or India or Canada or Vietnam or China you know that each country each jurisdiction is going to have its own comparable equivalent version alternative to a stat deck you know stat deck is an Australian term there's going to be official declaration forms in those countries and I just say look make sure they write their statements on that form what you want to do though is you want to ensure that they follow the the format of the form Triple Eight you know so if they're writing their you case that deck you want them to say who they are where they live what their occupation is their contact details who the Visa applicant is who the sponsor is and then answer these questions you know specifically write sets paragraphs that mirror how this form Triple Eight is split and structured you want it to be signed and you wanted to be witness ing to whoever it is whoever is a qualified person to witness the signature of that form in that country and you still want to attach certified copy of that person's ID to their statement [Music] so I just wanted to um I suppose give a well-rounded answer to form triple eights and witnessing requirements and statements from people overseas these are things that I talk about a lot when it comes to our client cases and also to our Visa users in trying to guide them and that's this is generally a metaphor that I use you know this is the pyramid you want to try to focus on statements from up to top work your way down from both sides consider the strength multiplier of statements from citizens and permanent residents and understand the people overseas can still complete form triple eights but I think it's easier for them to write their statements using whatever the appropriate form is over there in that country and if that's not in English that's fine you just get it translated you know if it's an offshore application you can get a translator by whoever's authorized to translate documentation in that country if it's an onshore partner visa application you want to get it translated by anati [Music] credit translator