You have to make a statutory declaration when your Thai wife is making an application for an Australian spouse visa. Note that you would have to have registered your marriage in Thailand as well as have the marriage certificate translated into English. The declaration is where you declare under oath that the facts you state are true and correct. This is a brief overview and it is always best to use a lawyer for these applications.
The declaration starts with you being in a mutually committed to a shared life as a husband and wife, or as a de facto partner to your Thai wife. It also continues that this is “to the exclusion of all others”. Note again the Thai marriage requirements and that the Australian government does not recognise plural marriages. Your Thai wife is identified by name in this declaration as she will also complete pone with your name in it. You now have to state how long you have lived together and where you have lived together as husband and wife. Note the Australian spouse visa (long term visa) is issued if you are married for longer than 3 years or for longer than 2 years with a dependent child. See the visa requirements on this website for more information.
Australian Visa Statutory Declaration – Sponsor
The next part of the declaration is where you need to seek proper advice as many take legal advice from others which may be incorrect. You need to show your financial commitments such as joint bank account, property or any other major assets. This DOES NOT mean that you have to have joint ownership of everything. This appears to be the most apparent mistake which visa agents make in Thailand when dispensing improper legal advice. As stated speak to a lawyer about these types of issues as they can become costly later on in Australia.
Most expats in Thailand who are married tend to have wives who are housewives. What you need to show is how the bills are paid so as to show a financial commitment to each other. As an example your accounts at home. The address would be the same but the names for the accounts would be different. More likely than not the apartment rental agreement, water and electricity is in your wife’s name while the internet account and medical aid is in your name. They all are however at the same physical address. Showing your bank accounts would also be in the same line where you transfer money into her account each month to pay bills. The proof they need is financial interdependence.
You also need to explain who does what at home. Who takes the child to school, who cooks and who cleans. They also need to see which responsibilities lay with each of you. They are trying to see if you have a normal proper relationship as a husband and wife and that the application is not fraudulent. Also proof of how you mix in socially such as joint holidays, passport stamps, photos, emails and anything else you can show to prove that the relationship is genuine.
That sums up what the declaration as a sponsor is about.
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