Applying for an 820 without a substantive visa: the two statutory declarations and why Form 888 does not count
If you lodge a Partner visa (subclass 820) application while you do not hold a substantive visa, the subclass 820 page lists extra documents you must include at lodgement: a completed online sponsorship form, evidence of your sponsor's status, at least two statutory declarations each made within the last six weeks by an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and evidence that those declarants hold that status. Form 888 is not a statutory declaration, and the page states that the current and any previous versions of Form 888 are not acceptable for this requirement.
The glossary on the subclass 820 page defines a substantive visa as any visa that allows the holder to remain temporarily in Australia, other than a bridging visa, or a criminal justice or enforcement visa.
What the Eligibility section says
The requirements sit in the "Not had a visa cancelled or an application refused" part of the Eligibility section on the subclass 820 page. That passage opens by saying you might not be eligible to apply for this visa if you do not hold a substantive visa and you have had a visa cancelled or refused, pointing to Limitations on applications in Australia.
It then says: if you do not hold a substantive visa and are eligible to apply for this visa, you must do the following.
| What you include | What the subclass 820 page says |
|---|---|
| Online sponsorship form | A 'Sponsorship for a Partner to Migrate to Australia' online form completed by your sponsor |
| Sponsor's status | Evidence to demonstrate your sponsor's status, for example a passport or birth certificate |
| Statutory declarations | A minimum of two statutory declarations, each made within the last six weeks, confirming that you and your sponsor are in a married or de facto relationship |
| Declarants' status | Evidence that the declarants are Australian citizens or permanent residents, or eligible New Zealand citizens, for example a passport or birth certificate |
If this information is not included when you lodge your application, it may be deemed invalid. The page also carries a note: if you do not hold a substantive visa at the time you apply for this visa, you will have to meet additional criteria to be granted this visa.
The sponsorship form and how it is lodged
Your sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen. Your sponsor can lodge the form using your ImmiAccount or their own ImmiAccount once they have your Transaction Reference Number (TRN) or Application ID.
Evidence of status, and what is not enough
For your sponsor, provide evidence to demonstrate your sponsor's status, for example a passport or birth certificate. A driver's licence or Medicare card is not sufficient evidence.
The same wording applies to the declarants: provide evidence that they are Australian citizens or permanent residents, or eligible New Zealand citizens, for example a passport or birth certificate. A driver's licence or Medicare card is not sufficient evidence for them either.
The two statutory declarations
Include a minimum of two statutory declarations, each made within the last six weeks by an Australian citizen, Australian permanent resident or eligible New Zealand citizen confirming that you and your sponsor are in a married or de facto relationship.
The page adds that the Commonwealth Statutory Declaration form is available from the Attorney-General's Department.
Why Form 888 does not count
Form 888 'Supporting statement in relation to a Partner or Prospective Marriage visa application' is not a statutory declaration. The current and any previous versions of Form 888 are not acceptable, because they do not satisfy this requirement.
How this is different from the two witness statements
The subclass 820 page also asks every applicant for two witness statements, in the Gather and prepare your documents section, under supporting evidence of the relationship. There, you must provide statements from two witnesses who are 18 years old or older, know you and your spouse or de facto partner, and know about your relationship. Statements from witnesses can be done by completing Form 888 – Supporting statement in relation to a Partner or Prospective Marriage visa application. If the witness is an Australian citizen or permanent resident, provide evidence of this, such as a passport or birth certificate.
So the two requirements come from different parts of the same page and do different work: the witness statements are relationship evidence gathered under the documents step, while the statutory declarations are listed in the Eligibility section for the case where you do not hold a substantive visa. The Eligibility section is the passage that states Form 888 is not acceptable for the declarations.
Compelling reasons
The "Hold a substantive visa" part of the Eligibility section says: if you do not hold a substantive visa at the time you apply for this visa and you did not previously hold a Prospective Marriage (subclass 300) visa, you must demonstrate that compelling reasons exist for the grant of a Partner visa.
That passage also says you need to be aware of your visa status before you apply for this visa, and to use VEVO to check your visa details and conditions.
Questions people ask
How many statutory declarations does the subclass 820 page require?
A minimum of two, each made within the last six weeks by an Australian citizen, Australian permanent resident or eligible New Zealand citizen confirming that you and your sponsor are in a married or de facto relationship.
Can I use Form 888 instead of a statutory declaration?
No. The Eligibility section states Form 888 is not a statutory declaration, and the current and any previous versions of Form 888 are not acceptable as they do not satisfy this requirement. Form 888 can be used for witness statements asked for in the documents step.
Is a driver's licence enough to show my sponsor's status?
No. A passport or birth certificate is given as an example of evidence of status, and the page states a driver's licence or Medicare card is not sufficient evidence. The same applies to the evidence for the declarants.
What happens if I lodge without these documents?
The page says that if this information is not included when you lodge your application, it may be deemed invalid.
Do I also have to show compelling reasons?
If you do not hold a substantive visa at the time you apply and you did not previously hold a Prospective Marriage (subclass 300) visa, yes: you must demonstrate that compelling reasons exist for the grant of a Partner visa.
Sources
- Partner visa (temporary) (subclass 820) Department of Home Affairs
Checked 11 October 2026
This page is an unofficial summary published by PartnerVisa.help, not by the Department of Home Affairs; where the department's current pages differ, those pages prevail.