When you’re preparing to lodge your Subclass 801 (Partner) visa — the second stage of the onshore partner visa process — one of the key requirements is providing Form 888 (Statutory Declaration) from witnesses who can attest to your genuine and continuing relationship.
But what happens if one of your original witnesses from the first stage (Subclass 820) is no longer available to sign a new Form 888? This is a situation that migration agents encounter more often than you might think.
Do You Need to Use the Same Witnesses for the 801?
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The short answer is no. There is no legislative requirement that the same witnesses who provided Form 888 declarations for your Subclass 820 application must also provide them for your Subclass 801 application. You are free to use different witnesses at the second stage.
This is a common misconception. While consistency can be helpful, the Department of Home Affairs does not mandate that you use the same people. If one of your original witnesses has passed away, become unwell, moved overseas, or is simply no longer in contact with you, you can ask someone else.
How Many Form 888 Declarations Do You Need?
The Department typically expects at least two Form 888 declarations from people who know you and your partner and can speak to the genuineness of your relationship. These witnesses should ideally be:
- Australian citizens or permanent residents
- People who have personally observed your relationship
- Able to provide specific examples of your life together
What If You Can Only Find One Witness?
While it is technically possible to lodge with fewer than two Form 888 declarations, migration agents strongly advise against it. Here’s why:
- It raises red flags. If a couple cannot find at least two people to confirm their relationship is genuine, case officers may view this with suspicion and dig deeper into the application.
- It weakens your evidence. Form 888 declarations are an important part of your relationship evidence package. Having fewer declarations means less third-party corroboration of your relationship.
- It may trigger additional scrutiny. The Department may request further evidence or even schedule an interview if the supporting evidence appears thin.
Tips for Finding Suitable Witnesses
If you’re struggling to find witnesses, consider the following people who may be able to help:
- Family members (on either side) who have observed your relationship
- Friends who have socialised with you as a couple
- Colleagues or neighbours who can speak to your living arrangements
- Community or religious leaders who know you both
- Professional contacts such as a family doctor, accountant, or lawyer who has dealt with you as a couple
Remember, the witnesses do not need to be close friends. They simply need to have genuine knowledge of your relationship and be willing to make a statutory declaration.
What Should Be Included in the Form 888?
A strong Form 888 declaration should cover the four pillars of a genuine relationship as assessed by the Department:
- Financial aspects: How the couple shares finances, joint accounts, shared expenses
- Nature of the household: Living arrangements, sharing of household duties
- Social aspects: How they present as a couple to friends, family, and the community
- Commitment to each other: Future plans, knowledge of each other’s circumstances, length of relationship
The more specific and detailed the declarations are, the stronger your application will be. Generic statements like “they seem happy together” carry far less weight than detailed observations about how the couple interacts and supports each other.
Key Takeaways
- You do not need to use the same witnesses for the 801 that you used for the 820.
- Aim to provide at least two Form 888 declarations.
- Lodging with fewer than two declarations can raise suspicion and weaken your application.
- Choose witnesses who can provide specific, detailed observations about your relationship.
- If a witness is unavailable, find a replacement rather than lodging without their declaration.
If you’re preparing for the second stage of your partner visa and need guidance on evidence requirements, our team can help ensure your application is as strong as possible.
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Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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