Statutory declarations and affidavits

A statutory declaration or affidavit is a legally written statement declared to be true and signed in the presence of an authorised witness.

Statutory declaration requirements

If you are unable to obtain an Employment Reference from an employer or are self-employed, you will need to submit a Statutory Declaration/Affidavit to demonstrate Evidence of Work Experience.

Statutory declarations and affidavits will only be accepted in situations where an applicant is unable to obtain an Employment Reference. The applicant will be required to provide a letter or email from the company explaining why an employment reference letter cannot be provided.

The statutory declaration or affidavit must be written by a third-party work colleague in a managerial or supervisory role and NOT written by you, the applicant. Self-written statutory declarations or affidavits will be assessed as not suitable.

A statutory declaration or affidavit written by a work colleague needs to describe their working relationship with you, the duties you performed and relevant dates of employment.

1. Employer name, address and logo
2. Your name
3. Date of letter
4. Start and end date of employment in DD/MM/YYYY format (If your position is current, the reference should show the start date, and for the finish date, indicate 'CURRENT')
5. Salary and Benefits (per your company’s guidelines)
6. Employment basis (full-time, part-time or hourly and hours worked per week)
7. Position/title (e.g. ‘Software Engineer’) and description of role
8. Location of Work
9. Description of duties performed – this should be unique for each employment episode.
10. Contact details of signatory

IN ADDITION, the document must state that it was Sworn Before, Signed Before or Witnessed Before the authorised witness by the referee (work colleague) and must be signed by the authorised witness, with the date and place where the declaration was made.

If obtaining a statutory declaration or affidavit outside Australia, please refer to an Australian Embassy or the legal standard of the country in which you are applying.

An example of how to define a working relationship:

‘I can confirm that (applicant name) carried out the duties and role specified in this document at (company name) as I was their (supervisor, colleague, manager etc.) who interacted with them and witnessed their work regularly throughout their employment.’

The declarant must provide their current contact details (preferably email and phone number) and at least one of the following as evidence of their working relationship with the applicant:

• Employment Certificate/statement of service on official company letterhead
• Leaving certificate (if no longer working at the same company)

All third-party statutory declarations or affidavits must be accompanied by the applicant’s Service Certificate in addition to the Payment Evidence required.

PLEASE NOTE: Acceptance of statutory declarations or affidavits in place of employment references will be subject to the verification and discretion of ACS and noted to the Department of Home Affairs for authentication against fraud and plagiarism.

Statutory Declarations or Affidavits will be assessed as NOT SUITABLE when:

• they do NOT contain words to the effect Sworn Before, Signed Before or Witnessed Before
• they are from a junior colleague
• they state that the referee agrees with what the applicant has written in another document
• the stamp and signature of the authorised witness (such as a Notary Public) does not state that the referee’s signature is witnessed.
• the signature of the authorised witness only states Attested Copy
• the declaration is NOT witnessed on the same day
• the statutory declaration or affidavit has been altered since the declaration was witnessed
• the descriptions of employment duties have been copied and pasted directly from ANZSCO Description of employment duties or other references

Self-employment is when you own or run your own business or company as an individual or in partnership. Self-employed applicants should submit a formal self-written Statutory Declaration containing:

• commencement and completion dates of your self-employment
• the occupation of employment and the capacity in which self-employed
• the nature and content of the work you performed
• number of staff employed and their occupations (if applicable)

PLEASE NOTE: The document must state that it was Sworn Before, Signed Before or Witnessed Before an authorised witness and must be signed by the authorised witness, with the date and place where the declaration was made.

Please include the following additional supporting documentation:

• Business registration certificates covering the period of self-employment
• A statement on a letterhead from your accountant or legal representative certifying the name and nature of your business, your full name and role in the company and how long you have been continuously self-employed
• Formal statements from your clients on the clients’ letterhead with details of the work performed and dates – these statements should cover the entirety of the experience claimed and also mention the minimum number of hours worked per week
• Payment evidence showing regular income from self-employment, such as client invoices together with corresponding bank statements and/ or official taxation records
• Supplementary evidence, such as contracts with clients or suppliers.

If obtaining a statutory declaration or affidavit outside Australia, please refer to an Australian Embassy or the legal standard of the country in which you are applying.