Immigration Forms

Form 888 – Genuine And Continuing Relationship

September 5, 2024

Form 888: Supporting a Genuine and Continuing Relationship for Partner and Prospective Marriage Visa Applications

Click here to download Form 888 in PDF format from the Department of Home Affairs.

What is Form 888?

Form 888 plays a crucial role in the Australian partner and prospective marriage visa process. It lets friends, family, or colleagues provide evidence that a relationship is genuine and ongoing. The Australian Department of Home Affairs uses this form to evaluate the social aspects of the relationship.

Recent updates in 2023 have simplified completing the form, especially for people living outside Australia. Although Form 888 is not always mandatory, it becomes essential in certain situations, such as when an applicant is unlawfully present in Australia. In these cases, failing to meet the evidentiary requirements can invalidate the application rather than merely leading to a refusal.

The July 2023 Changes

In July 2023, Form 888 underwent a redesign to improve accessibility, especially for those overseas or struggling to find an authorized witness. Previously, the form was a Statutory Declaration that required signatures to be witnessed by a Justice of the Peace or a similar authorized person. This requirement often caused logistical and financial challenges, particularly for people outside Australia.

The key changes in the new form are:

No more authorised witness requirement: The form is now a simple written statement, so no witness is needed.
No need for certified documents: Supporting identity documents no longer need to be certified as ‘True Copies,’ streamlining the process.
Less personal information required: The new form reduces the amount of information the person completing it must provide, such as occupation and contact number, focusing instead on the relationship.

These changes aim to simplify the process, making it easier for friends and family, regardless of location, to provide their statements.

Frequently Asked Questions About the New Form 888

1. Is Form 888 mandatory for all partner visa applications?

Form 888 is not mandatory for all partner visa applications. However, applicants must submit it in certain situations, especially if they are unlawfully present in Australia. In these cases, they face a higher burden of proof. Failing to meet these evidentiary obligations can invalidate their application. For lawful applicants, although Form 888 is highly recommended, it is not strictly required.

2. Who should complete Form 888?

Form 888 should be completed by someone who knows both the visa applicant and their partner or fiancé(e). They must be at least 18 years old and can be friends, family members, or colleagues. While it is preferable for the individual to be an Australian citizen or permanent resident, this is not a strict requirement. The person completing the form should be able to provide credible and detailed evidence that the relationship is genuine.

3. How many Form 888s should be submitted with a partner visa application?

The Department of Home Affairs typically requires at least two Form 888s during visa processing, but submitting more can strengthen your application. Ideally, applicants should submit four forms: one from the sponsor’s family, one from the applicant’s family, and two from mutual friends. Each form should include detailed examples of the couple’s relationship.

4. What information should be included in Form 888?

The person completing the form should explain how they know the couple and give examples of why they believe the relationship is genuine. This might include details about the couple’s history, such as social events, family gatherings, or milestones that show the relationship’s ongoing nature. Additionally, they must provide documentary evidence of their identity, such as a passport or birth certificate.

5. Can someone outside Australia complete Form 888?

Yes, someone living outside Australia can now complete the new version of Form 888. The removal of the authorised witness requirement simplifies the process for overseas individuals. They only need to attach supporting identity documents and provide details about the relationship.

6. What happens if someone provides false information in Form 888?

Providing false or misleading information on this form is a serious offense under the Migration Act 1958. The penalties include imprisonment for up to 10 years, a fine of AUD$313,000, or both. It is crucial for the person completing Form 888 to be truthful and accurate. Any false information can lead to severe consequences for both the person and the visa applicant.

7. Why is Form 888 particularly important for applicants unlawfully present in Australia?

Applicants unlawfully present in Australia face a greater burden to prove the genuineness of their relationship. In these cases, Form 888 is a critical piece of evidence. Without sufficient evidence, including multiple well-documented forms, the application may be deemed invalid. Unlawfully present applicants must ensure that they provide a comprehensive body of evidence to meet these heightened requirements.

Addressing Misconceptions About Form 888

Despite the importance of Form 888, there are several common misconceptions about it. Below are some of the most frequently misunderstood aspects:

Form 888 must be completed by Australian citizens or permanent residents: While it is preferable for the person completing this form to be an Australian citizen or permanent resident, this is not a strict requirement. The key criterion is that the person knows both the applicant and their partner and can provide credible evidence that the relationship is genuine.
Form 888 is mandatory for all partner visa applications: Form 888 is not mandatory for all partner visa applications. It becomes critical in cases where the applicant is unlawfully present in Australia or where there is a need for additional evidence to prove the relationship. In these situations, failing to provide adequate evidence could result in the application being deemed invalid.
More Form 888s are better: Submitting a higher number of Form 888s does not necessarily increase the likelihood of success. The quality of the statements is far more important than the quantity. It is better to submit a few detailed, well-drafted forms than to submit many forms with little substantive information.

The Importance of Evidence in Partner Visa Applications

Form 888 is a valuable tool for enhancing a partner visa application, but it is just one piece of the evidence needed to prove a genuine and ongoing relationship. For applicants unlawfully present in Australia, the stakes are particularly high. Failing to provide sufficient evidence can invalidate the application. In such cases, applicants must submit various documents, including joint financial statements, photos of the couple together, and communication records, along with this form.

Understanding the Burden of Proof for Unlawfully Present Applicants

For applicants unlawfully present in Australia, the burden of proof is much higher. They must provide extensive evidence to prove their relationship is genuine and ongoing. Form 888 plays a crucial role by offering third-party confirmation of the relationship. Additionally, applicants must submit extra evidence to meet the higher standards of proof.

Joint financial statements: These documents demonstrate that the couple shares financial responsibilities, which is a key indicator of a genuine relationship.
Photos and communication records: Photos of the couple together at various events and records of their communication can help to demonstrate the authenticity and longevity of the relationship.
Other statutory declarations: While Form 888 is a supporting statement, statutory declarations from other individuals who may not meet the criteria for completing this form can still provide valuable evidence of the relationship.

Next Steps

Navigating the partner visa process can be complex, especially with recent changes and stricter obligations for unlawfully present applicants. Determine if you need to submit Form 888 and gather the right supporting evidence to make your application valid and successful.

If you’re facing challenges with completing Form 888 or determining whether it is required for your application, I invite you to book an appointment with me. We can discuss your specific circumstances, evaluate the best approach for your application, and ensure that all necessary requirements are met.

Book an appointment today to discuss your concerns and ensure your application is strong and well-supported.

View Comments

Julz says:

August 14, 2023 at 5:52 am

Hi,

I need some clarity and advice. My partner and I are overseas and have lived together in Colombia and currently residing in Canada. However, our relationship started in Australia. I’m the Australian citizen.
Since most of the time that we have been in relationship has been outside Australia, we are planning to have 1 witness from Colombia, 1 witness from Canada and 1 witness from Australia (my sister who is Australian citizen).

I’ve checked the latest version of the Form 888 and it seems that ID documents of witnesses do not need to be certified anymore? The word ‘certified’ has been omitted as a requirement for the documents in the latest copy of the form. Is my understanding correct?
Jessica Foggin says:

February 28, 2023 at 1:01 pm

Is there a form for family and friends outside the country to fill out and where do they send it after filled out?
- Nilesh Nandan says:
  
  May 31, 2023 at 8:24 am
  
  Thank you for your patience.
  
  Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
  
  1. Use the same form 888.
  
  2. Family and friends inside Australia must use this form in some specific circumstances eg. to support an application where the Visa applicant is without a visa in Australia. This is a requirement of making a valid application by someone who is in Australia without holding any visa.
  
  3. Another related question I get asked all the time is whether or not persons completing form need to be Australian citizens or permanent residence and have evidence of that attached to the form 888 that they are signing. The answer is no. I have previously limited myself to providing six statements in support of a partner Visa application. One statement from the sponsor and one statement from the Visa applicant explaining how the relationship came to be and how it is at the present time. Then I have two statements from a friend and a relative of the visa applicant on the one hand and another two statements from my friend and a relative of the sponsor on the other hand. It is not a legal requirement to have any of these statements signed by an Australian citizen or permanent resident except in the circumstances I've mentioned in the previous paragraph. Yes, it is common for this to occur, but it is not a legal requirement. It is something that is suggested in the forms and the checklists that are available for this visa subclass, but it is not a legal requirement to have in form 888s.
  
  Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
  
  For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
  
  *In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
An says:

January 2, 2022 at 6:47 pm

Hi,

Can I ask if all forms 888 are only written from the applicant side, there is none from the sponsor side, is it okey?
Thanks
Donna Downward says:

June 21, 2021 at 1:00 pm

I am filling out an 888 form for my sons partner who is French and in Australia on a working visa, and they are applying for a Partner visa.

Question 6 asks if I am attaching documents proving my Australian citizenship.

I do not have a birth certificate but if I did I have been married twice and a birth certificate would not show my correct name now. I do have a drivers licence, medicare card and rate notice that have all been notorised by a legal practitioner is this enough documentation??