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By Jessica Thakur September 3, 2023
In the world of immigration and visa applications, the importance of verifiable information cannot be overstated. However, for many applicants, obtaining an employment reference letter can be a daunting task. Enter the Statutory Declaration and Affidavit, a legal alternative that is increasingly being recognized and accepted.
Understanding Statutory Declarations and Affidavits
A Statutory Declaration or Affidavit is a legally binding statement, affirmed and signed in the presence of an authorized witness. These documents serve as an alternative to traditional employment reference letters and are specifically accepted by the Australian Computer Society (ACS) in cases where applicants are unable to obtain a reference letter from their employer. While providing an employment reference letter is optional, applicants must provide a compelling explanation within their Statutory Declaration if they choose not to do so. The validity of these documents hinges on the presence of an authorized witness, who must sign and specify the date and location of the declaration.
The Purpose of Statutory Declarations
The primary function of a Statutory Declaration is to furnish the same essential information that an employment reference letter would. It becomes mandatory when an applicant is unable to secure a reference letter. Both documents provide a detailed account of an individual's roles, responsibilities, and work experience within a company.
The key difference lies in their source. An employment reference letter is issued directly by the company, whereas a Statutory Declaration can be prepared by a colleague from the same workplace, provided it is not written by the applicant themselves. The following information is typically included in a Statutory Declaration:
1. Company details, encompassing the name, address, website, email, and contact numbers.
2. The name and position of the applicant's immediate superior, along with their contact information.
3. Specifics about employment duration, such as whether it was permanent or temporary, full-time or part-time.
4. The applicant's job title, reflecting their duties (e.g., research chemist, accounts clerk).
5. A list of the applicant's top five roles, duties, and responsibilities.
6. Salary earned.
7. A detailed explanation of the reasons for not obtaining an employment reference letter.
8. Supporting evidence provided by the applicant.
Supporting Evidence for Statutory Declarations
To substantiate the claims made in a Statutory Declaration or Affidavit, applicants should include at least two of the following as supporting evidence:
1. Official government tax reports or documents, including summaries of payments, group certificates, or assessment notifications, bearing the business name and the applicant's name.
2. Pay slips issued by the applicant's employer, featuring their name.
3. Employment insurance or superannuation forms specifying both the applicant's and the employer's names.
4. Bank statements showing wage payments, including the names of both the worker and the employer.
Unsuitable Statutory Declarations
It's crucial to understand that not all Statutory Declarations or Affidavits are deemed equal by the ACS. These documents are subject to meticulous review, and ACS exercises discretion in accepting them. Unsuitable declarations may result from the failure to provide adequate proof of paid employment. Notably, cash payments, employment contracts, appointment letters, or position descriptions will not be accepted as supporting evidence.
Additionally, several red flags raise concerns for ACS:
1. Declarations from junior colleagues.
2. Statements in which the referee endorses what the applicant wrote in another document.
3. The misconception that a Notary Public's stamp and signature confirm the witness's signature.
4. Declarations not witnessed on the same day.
5. Direct copying and pasting of duties from ANZSCO (Australian and New Zealand Standard Classification of Occupations).
Conclusion
In conclusion, Statutory Declarations and Affidavits offer a valuable alternative to employment reference letters when obtaining the latter proves challenging. These documents provide legally binding statements of facts, akin to reference letters, and must include specific employment details. To ensure a successful application process, applicants must provide supporting evidence and adhere to the established guidelines for acceptable declarations.
Understanding the purpose, distinctions, common usage, and witnessing requirements of Statutory Declarations is essential for navigating the intricate path of immigration and visa applications. These legal documents provide a ray of hope for applicants when traditional reference letters are difficult to obtain.
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