One and the Same Person Declaration

If there's a mismatch in your name (ie, your name on your passport and another document are different), it's likely that you must provide a declaration stating that you are the "one and the same person".

Like many of our other clients from India, this commonly can happen when:

• Your name on your passport and your drivers licence is different. If you're attempting to convert your Indian Driver Licence to a driver licence in Australia, but your name on your Indian Passport and your name on your Indian Driver Licence are different, you must follow the IDLV process through VFS. As part of this process, we'll prepare the IDLV affidavit in which you declare that you're the one and the same person. We also provide a notary certificate stating that you're the one and the same person.

• Your name on your passport and your name appearing on your education documents or qualifications are different. If you want to rely on your education document or qualifications for any purpose, but the name on your passport (or another form of primary identification) is different, you may need evidence that you're the one and the same person. Unless there are specific evidence requirements, you can sign a declaration stating that you're the one and the same person. We generally don't prepare this declaration for you, but we can witness your signature and notarise your declaration. If you want to know what to include in the declaration, you should ask the intended recipient whether they have a specific template or sample wording so that you can prepare your own declaration.

• You have legally changed your name. If you've legally changed your name, you can rely on the change of name certificate issued by the registry in Australia. The certificate evidence confirming that you have changed your name. This will be valid in Australia and can be valid in other countries if it has been notarised and/or stamped with an apostille or authenticated and legalised. For more information about the apostille, or authentication and legalisation, please refer to our website and the services that we offer. In addition to the change of name certificate, you can also make a declaration that you're the one and the same person. Again, we don't prepare this declaration for you, but we can witness  your signature and notarise your declaration.

• You have married and adopted your spouses name. The naming convention in Australia acknowledges and recognises that people can adopt the name of their spouses. Traditionally, this involves the bride/wife taking the family name of the groom/husband. We acknowledge that with many Indian couples, the husband's name becomes part of the wife's name (regardless of whether the wife originally had a surname). Adopting a spouse's name after marriage does not require a formal change of name. A marriage certificate is usually sufficient evidence to adopt your spouse's name.  In addition to the marriage certificate, you can also make a declaration that you're the one and the same person.

In most cases, the issue arises in Australia if there's a difference between the name on your passport and any other identification or document. This is because in Australia, in the absence of a national identity framework, the passport is the most widely accepted form of primary identification (aside from the drivers licence or photocard).

If you're sending documents from Australia to India, we also recommend using your passport as your primary identification. Some documents will require your passport number to be verified, while others may refer to your Aadhaar card or PAN card or OCI (if you're no longer an Indian citizen). For our purposes, we'll rely on your passport to identify you and we'll write your passport details on your document as part of the notarisation.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta and Rouse Hill, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Can I sign Form J in front of a Justice of the Peace?

If you live in New South Wales (and you intend to lodge Form J with the VFS office in Sydney), then you cannot sign Form J in front of a justice of the peace. As a NSW resident, Form J must be attested by a notary public. This means you must sign Form J in front of a notary public who will verify your identity and witness your signature.

Form J is required when you have changed your appearance. Sometimes you may have aged (ie, matured) especially if your previous passport photograph was taken when you were a child. Sometimes it's because you previously wore a turban but no longer wear a turban (or you previously didn't but now you do). For some, it's because they've changed their hairstyle or facial hair. Whatever the case may be, if you think you might look different now from what you do (or did before) in your passport photograph, then you may need to submit Form J with whatever other documents you intended to file with VFS.

As a leading provider of notary public services in Sydney, we help many clients with notarising Form J. If you also need help, you must make an appointment, bring your completed Form J with your photograph, and you must sign it in front of our notary public. Our notary public will verify your identity according to your photo identity (ie, passport or driver licence) and witness you sign Form J.

OCI application for your children

Applying on behalf of children

In this article, we specifically address the issue of applying for an OCI for your children. If you, your parents or your grandparents were citizens of India, your children would also be entitled to apply to become an OCI.

For the latest requirements, please visit the VFS website and refer to the latest checklist. For many of our clients, the application for an OCI for their children requires them to have the copies of passports of both parents notarised and a copy of the child's birth certificate to be notarised as well. If you have multiple children, then each child must have their own set of notarised copies of parents' passports.

Usually, the requirement for attestation outlined for this application means 'certified copies'. However, if you are a resident of New South Wales, it also means that the attestation must be performed by a notary public. A justice of the peace (which is a free service) is not authorised to 'notarise' a document. Notarisation can only be provided by a notary public (and this is usually not a free service).

As a leading provider of notary public services in Sydney, we regularly help clients intending to apply for their own OCI as well as an OCI for their children.

What is an OCI?

OCI stands for "Overseas Citizen of India". For many of our clients, who are Australian citizens (and sometimes New Zealand citizens) living in Australia, the main attraction for applying to be recognised as an OCI is the multiple entry and unlimited stay in India. This is especially important if they still have family (ie, aging parents), property or other business interests in India.

What are the benefits of being an OCI?

Aside from multiple entry and the entitlement to multi-purpose life long visa to visit India, the other benefits of being an OCI are:

• Exemption from reporting to Police authorities for any length of stay in India; and
• Parity with non-resident Indians in financial, economic and educational fields except in the acquisition of agricultural or plantation properties.

Who can apply to become an OCI?

If you have renounced your Indian citizenship (or your family were originally from India) and you are now a citizen of another country (ie, Australia or New Zealand), you can apply to become an OCI provided that:

• you were a citizen of India at the time of, or at any time after 26th January 1950; or
• you were eligible to become a citizen of India on 26th January 1950; or
• you belonged to a territory that became part of India after 15th August 1947; or
• you are a child or a grandchild or a great-grandchild of such a citizen; or
• you are a minor child of such persons mentioned above; or
• you are a minor child and whose both parents are citizens of India or one of the parents is a citizen of India.

Besides, a spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application is also eligible for registration as OCI cardholder.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta and Rouse Hill, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Storing personal information for notary public services

What do we do with your personal information?

With the recent events of hacking and cybersecurity concerns of major companies in Australia, more and more notary public clients have asked us about why, how and where we store their personal information. In this article, we attempt to answer some of these commonly asked questions about your personal information in our care.

Privacy and confidentiality

Our primary obligation is to protect your privacy and keep your information confidential. We only keep information that is necessary for us to:

• Properly identify who you are (ie, copies of your client details and your photo identification)
• Record when you received notary public services from us.
• Verify what notary public services you received from us (including what documents*).
• How much we charged you for the service.

*we do not always retain a full copy of all documents that we have notarised. In most cases, it may only be the first and last page to be able to confirm the document.

We will only provide verification to third-party enquiries (we do not provide copies of our records without your approval) unless required by law.

All information is stored on Google Cloud. Please see our Privacy Statement for more information.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

CLICK HERE
Get a quote to notarise
your Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta and Rouse Hill, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Can't contact DFAT or VFS?

We're a notay public service. We're not the Department of Foreign Affairs and Trade (DFAT). We're not VFS. We're not the Indian Consulate.

As a notary public service, we can help you attest and notarise your documents, and we can also arrange for the apostille from DFAT. We don't issue the apostille - DFAT is the only authority that can issue the apostille in Australia.

If you can't contact DFAT, or if you can't contact VFS or the Indian Consulate, there's no point in contacting us to complain. We can't help you to contact them and we can only help you by arranging for the apostille from DFAT.

For some reason, we receive many calls from people asking us questions about DFAT or VFS. Sometimes they ask us to provide them with the contact phone number for DFAT or VFS. If you really want to contact DFAT or VFS, then you would have called the wrong number if you called us.

Why don't we print your document?

We don't print documents. It's a policy that we've had for many years as a result of some bad experiences with clients and their documents.

Yes, we know it's inconvenient for you if you don't have your own printer or it's not easy for you to find a printer. There are several printing offices around Parramatta that offer this service. But we don't print documents for clients.

If your lawyer hasn't sent you the original hardcopy document to sign, just make sure you print your document in the form and the format required by your lawyer. Presumably, this will ensure that it's legally valid and will be recognised for whatever it needs to do in India.

Paper requirements are not consistent

Different countries have different document requirements and different paper requirements. For India, it's common that some legal documents are printed on stamped paper, bonded paper, 'legal paper', green foolscap paper, A3-sized paper, or even cardboard. In fact, this isn't even a complete list of variations that we've seen over the years.

All of these papers are not readily available in Australia. In Australia, our documents are generally printed on white A4-sized 80 gsm paper.

We're not in the printing business

Our service is the notary public service. For the most part, this means we're witnessing signatures or certifying documents. But we're NOT printing documents.

Fortunately, or unfortunately, experience has taught us that if we print documents for clients, and for whatever reason the documents aren't correct, incomplete, improperly formatted, or aren't printed on the 'correct' kind of paper then somehow it's our fault and we get blamed (even though there may be nothing wrong with our notary public services in witnessing or certifying documents).

Sure, maybe over the many years, it's only one or two people who have argued that if we printed the document then we're responsible for the document, but that's enough for us to implement a 'no printing' policy across all. It's an unnecessary administrative burden and worries for our office when it's really not part of what we do or what we're paid to do. We just provide the notary public service.

Power of Attorney for India - Notarisation and Apostille

You need a power of attorney if you want to appoint someone in India to act on your behalf.

If you're signing the power of attorney in Australia, then your signature should be witnessed by a notary public. The notary public can then notarise your power of attorney. As a leading provider of notary public services in Sydney, we help many clients with notarising their power of attorney so that it can be used in India.

Who writes your power of attorney?

Preferably, your lawyer in India will prepare the power of attorney for you, and they can advise you whether you require a general power of attorney or a special power of attorney. They can also advise you whether your power of attorney must be printed on stamped paper, green foolscap paper, or whether it can be printed on normal A4 paper. Usually, if your power of attorney is not printed on stamped paper, then you'll need to pay the stamp duty within 3 months after your power of attorney arrives in India.

In short, you really shouldn't write the power of attorney yourself or even ask a lawyer in Australia to write it for you. Your power of attorney must be valid in India according to the laws in India (and the laws and processes/procedures can vary between states).

Does your power of attorney need a fingerprint or a photo?

Your lawyer can also advise you whether your power of attorney must contain other specific things such as references to your identification document, your photo or a photo of your attorney, or whether it requires thumbprints. Sometimes the power of attorney is also accompanied by another document called 'Photographs and Finger Prints as per section 32A of the Registration Act 1908' which contains places for photographs and fingerprints.

Does your power of attorney need an apostille?

Technically, because Australia and India are both members of the Apostille Convention, documents signed in Australia but used in India should also be stamped with an apostille. The Department of Foreign Affairs and Trade (DFAT) is the issuing authority for the apostille in Australia. After your power of attorney has been notarised, it can then be stamped with an apostille. We help many clients with arranging for their notarised power of attorney to be stamped with an apostille from DFAT.

Does your power of attorney need Indian Consulate attestation?

Sometimes, you may also need to have your power of attorney attested by the Indian Consulate. In Australia, VFS Global provides these services on behalf of the Indian Consulate. According to VFS Global, if you are not an Indian Citizen, then your power of attorney must be stamped with an apostille before it can be attested by VFS Global on behalf of the Indian Consulate. If you're not sure about what's required for VFS Global, please check their website for more information and for the specific checklist of documents and other requirements before you send your power of attorney to them for attestation.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta and Rouse Hill, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Statutory Declaration for Change of Signature

Have you changed your signature?

If you've changed your signature (especially on your passport), VFS may require you to submit a statutory declaration confirming that your signature has changed - especially when you must renew your passport.

What's a statutory declaration?

A statutory declaration is a written statement that you declare is true.

Who can witness a statutory declaration?

In New South Wales, a statutory declaration can be witnessed by a justice of the peace, a lawyer or a notary public.

When does your statutory declaration need to be notarised?

Usually, if you're signing a statutory declaration in Australia but you're sending it to another country (ie, India), then that statutory declaration should be notarised.

If you live in New South Wales and you're submitting documents to VFS, you generally must have those documents attested by a notary public. The requirement for each document differs depending on what it's used for according to the relevant VFS checklist. If you're not sure, it's best to refer to the VFS checklist for the documents required for your application.

If the VFS checklist states that your statutory declaration relating to your change in signature must be attested by a notary public, this means it must be notarised.

To have your statutory declaration notarised, you must sign and declare that the contents of your declaration are true in the presence of a notary public. The notary public will verify your identity (usually according to your passport), witness you sign the declaration, and then notarise your declaration by signing and sealing it with their notary seal.

What can we do for you?

As a leading provider of notary public services in Sydney, we help many clients with attesting documents that they must submit to VFS. If you have changed your signature, then you'll need our help to attest your statutory declaration before submitting it to VFS.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Applying for Overseas Citizen of India (OCI) from VFS

What's an Overseas Citizen of India?

A foreign national, - (i) who was a citizen of India at the time of, or at any time after 26th January, 1950; or (ii) who was eligible to become a citizen of India on 26th January, 1950; or (iii) who belonged to a territory that became part of India after 15th August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (v) who is a minor child of such persons mentioned above; or (vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder.

Besides, spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application is also eligible for registration as OCI cardholder. However, no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder.

- https://ociservices.gov.in/

What's the benefit of being an OCI?

• Multiple entry, multi-purpose lifelong visa to visit India;
• Exemption from reporting to Police authorities for any length of stay in India; and
• Parity with NRIs in financial, economic and educational fields except in the acquisition of agricultural or plantation properties.

Applying for OCI in Sydney

In Australia, applications to become an OCI must be submitted through VFS.

If you live in New South Wales, in support of your OCI application, you must have your various supporting documents attested by a notary public. 

Notary public services for OCI application

As a leading provider of notary public services in Sydney, we help many clients who are submitting their OCI applications to VFS. Documents that we commonly attest to support the OCI application include:

• Copies of passports
• Copies of birth certificates
• Copies of marriage certificates
• Copies of driver licence
• Copies of utility bills
• Statutory Declarations and Affidavits

Each person must submit their own application (and their own set of attested documentation). Submitting an application on behalf of your child will require additional documents from each parent as well.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Opening hours - Christmas 2022 and New Year 2023

We'll be closing on 23 December 2022 for the Christmas and New Year period.

We'll be reopening on 9 January 2023.

Thanks for all your support throughout the year.

Indian Drivers Licence Verification - When your name on your passport and licence are different

The Indian Drivers Licence Verification process

Our notary public services often include assistance with the Indian Drivers Licence Verification (IDLV) process.

The IDLV process is necessary for people who hold a valid and current Indian drivers licence, they want to covert to an Australian driver licence, they want their prior driving history recognised, but the name on their licence is different from the name on their Indian passport.

What happens when your name on your passport and licence are different?

In order for the authorities in Australia to recognise a person's prior driving history, the name on their Indian drivers licence and the name on their Indian passport must be exactly the same. Even if the names are slightly different (ie, initials, or abbreviations, or mistakes etc), it won't be accepted.

If there's a difference in your name, then your prior driving history won't be recognised in Australia because Australia won't recognise that you're the person who holds that drivers licence.

The IDLV process confirms that a person who has different names on their Indian drivers licence and Indian passport is 'the one and the same person'. If your name on your Indian drivers licence and your Indian passport are different (in any way) then you must complete the IDLV process.

What can you do?

If you choose to not complete the IDLV process, your prior driving history won't be recognised. Instead of 'converting' your licence, you can just start from the beginning and obtain a new licence by following the normal driving progression in Australia. This means you start with your Learner's permit, and progress through Provisional licences until you have your full licence. Naturally, doing it this way means it's going to take you several years before you qualify for your full licence and you'll be subject to various conditions and restrictions along the way.

On the other hand, if you want to have your prior driving history recognised so that you're 'converting' your Indian drivers licence to an Australian driver licence, then you must complete the IDLV process. There are two options for completing the IDLV process, as outlined by the VFS checklist. You can either provide an affidavit from a court in India or you can use documents prepared by a notary public and stamped with an apostille.

What's an apostille?

An apostille is a stamp that's recognised by various countries that are members of the Apostille Convention, like Australia and India. This means documents from Australia intended to be used in India should be stamped with an apostille.

In Australia, the apostille can only be issued by the Department of Foreign Affairs and Trade (DFAT) on original Australian government documents, or documents that have been notarised by a notary public. Unfortunately, obtaining an appointment with DFAT can be challenging. As part of our notary public services, we have regular appointments with DFAT and we offer this convenience to our clients as well. 

How can we help you?

Our notary public office in Sydney regularly assists clients with the IDLV process. We verify their identity, prepare the IDLV affidavit, prepare a notary certificate with copies of their passport and driver licence, and have all of the documents stamped with an apostille by the DFAT.

This process allows our clients to confidently and smoothly apply for a driver licence in Australia that acknowledges their driving history and experience.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

A big week for Indians...

It's been a pretty big week so far with the cricket, Diwali and now the appointment of a UK Prime Minister of Indian origin.

https://www.abc.net.au/news/2022-10-25/meet-britains-next-pm-rishi-sunak/101570628

Fee for service - what were you expecting?

Do you have to pay for a notary public in Australia?

Notary public services generally are NOT free services.

In Australia, a notary public is a senior lawyer who has obtained further qualifications to provide services of a notary public.

As a professional service, many notary publics will charge a fee that is similar to what they would otherwise charge as a lawyer for their legal services. Some notary publics will charge a fee according to the recommended scale fees for notary public services - but this is not a requirement.

Our notary public fees are generally less than the recommended scale fees depending on the requested services. In most cases, we provide specific notary public services intended for documents used in India including documents that must be submitted to VFS for attestation.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

CLICK HERE
Get a quote to notarise
your Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Best or cheapest?

What are you searching for?

What are you searching for when you're looking for a notary public? From our statistics, it's interesting to note that the most popular search terms for notaries are "free notary", "cheap notary" or "cheapest notary". But no one searches for "best notary". When it comes to other areas of law, such as family law, property law, immigration law or litigation, the search terms often include "best" - but not for notary public services. Why is that?

Unfortunately, when it comes to notary public services, it seems that many people undervalue the importance of correct information, wise advice, and good service (until it's too late). They only want it if it's free (and complain when it's not) or they want the cheapest, regardless of whether it's done quickly or even correctly. But that doesn't really make sense or otherwise, it's very short-sighted. Often people only regret their decision afterwards, which is how sometimes we become involved when they want someone to 'fix' what others have done or haven't done properly.

There's a saying that 'a poor man pays twice'. Do you know the meaning?

You get what you pay for

If someone is inexperienced or lacks expertise, how do you think they manage to still provide notary public services? It's quite simple. They undercut everyone else in terms of price and try to be the cheapest. They may even go as far as to offer free notary public services (although this is highly unlikely considering that notaries in Australia are qualified lawyers). If this is what attracts you to choose their services, then all the best to both of you.

"You get what you pay for" isn't just some cliche. Everything comes at a cost - it's just basic economics. To say that something is free isn't entirely true. If you receive something for free, it just means you didn't pay for it, but it still costs something to someone. It could be time, money or other resources, but either way, it's come at a cost. If you don't pay anything for it, do you value it or is it considered free because it has no value?

If you think about the thing you're trying to do in India that requires you to have notary public services, how much is that worth to you?

Getting it wrong can be more expensive

Are you searching for "free notary" or "cheapest notary" because notary public services are not important or that it's all the same (ie, it doesn't matter who you see to have your documents notarised)? In case you're not sure, the answer to both questions should be a resounding "No".

Most people need notary public services because they're dealing with important issues relating to property, business or personal matters. Some of those issues have serious financial, legal and personal consequences, and that's mistakes can be costly - both in time as well as money. Even if you can afford to pay more to get things fixed or done again, you can't turn back time.

If someone has gone to the trouble or the expense of preparing legal documents and has asked you to have those documents notarised, this generally means that those legal documents are really important and signing them in front of a notary underlines that importance. Does it then mean you can do whatever you like with your documents or just sign your document in front of anyone? No, but unfortunately many people don't read or follow instructions properly, and to make things worse they also don't ask or check.

If your documents originate from or are being signed in Australia, but they're intended to be used in India then in most cases your documents MUST be notarised by a notary public in Australia. If you or someone else have already gone to the trouble of preparing your documents, isn't it justified to ensure that those documents are properly notarised in Australia before sending them to India? What's not justified is spending time and money preparing your documents only to have them incorrectly signed or notarised and having to do it all over again.

Cheap. Fast. Good.

Have you heard this before? If you want it cheap and you want it fast, then it probably won't be good. If you want it fast and good, it probably won't be cheap. If you want it cheap and good, it probably won't be fast.

If you want a realistic appraisal of what we do, it's fast and it's good - and while we're not cheap, we're certainly not expensive either.

Why us?

We've provided notary public services for nearly 20 years and we know a thing or two about providing notary public services - especially to the Indian community. We've seen other lawyers and notaries come and go. We've also seen the quality of their work or heard, through clients, the advice that they provide - unfortunately, that advice is not always correct and their service is often lacking. Experience and expertise count for something - but it's not cheap, but it's not overly expensive either. The cost of our services is exactly where it's meant to be as many of our clients will agree. Maybe the first thing you should do is search for "best notary".

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Do you really need to notarise a visa label page?

One of the requirements of various VFS checklists is the attestation of a passport (usually the front and back pages, and the visa label page).

If you're currently in Australia on an Australian visa, it's likely that your passport doesn't have an Australian visa label. That's because all Australian visas are now granted electronically. In the past, the Australian visa appeared as a label stuck to one of the pages of the passport, but that practice ended many years ago and now all Australian visas are granted electronically and can be verified online through the Visa Entitlement Verification Online system (VEVO).

Unlike the Visa Grant Notice, being the original email that you received when you were granted your visa, the VEVO is the current record and confirmation that your visa is valid. The Visa Grant Notice is only evidence that you were granted a visa at that time it was granted but it doesn't confirm that your visa is current.

Notarisation

Notarising either the VEVO or the Visa Grant Notice is a simple and straightforward process.

• For the Visa Grant Notice, you must forward the original email from the Australian Government to us. We will then verify the Visa Grant Notice according to the current VEVO record before we notarise the Visa Grant Notice.
• For the VEVO, you must share the VEVO with us through the VEVO portal. You can then choose if you want us to notarise it on the basis that we received it directly from the Australian Government  (the less expensive approach) or if you also require us to verify it with VEVO (a more expensive approach - similar to verifying and notarising the Visa Grant Notice).

If you've updated or renewed your passport since obtaining a visa, you may also need to prove that your current visa is valid and attached to your current passport (and not just your previous passport). Checking/updating your visa details through VEVO before approaching us will likely save time and money.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Wait - if you don't sign, we can't witness!

Witnessing means you must sign in front of us

Every now and then people come to us for notary services with their documents already signed.

IF your document needs to be signed and witnessed by the notary public, then you must sign it in front of the notary public. This means that if you've already signed your document, you'll have to sign it again. If you don't want to sign your document twice, then you'll need to bring a clean document and still sign it in front of the notary public.

Why might you need to sign your document before your appointment?

Even though you should be signing your document in front of the notary public, there may be many reasons why your document might need to be signed before (or after). For example, if there are multiple people signing your document, and not everyone is in the same place, then it's likely that your document would be signed by different people at different times - depending on where they are and where your document needs to go. If you need to sign your document in front of witnesses, Maybe you need to sign in front of witnesses but your witnesses don't have to sign in front of the notary. In that case, you sign in front of your witnesses before (or after) you visit the notary and your witnesses can then witness your signature.

You can't sign somewhere else for comparison

If you've already signed your document, we can't sign your document unless you sign it again. Some people ask us to compare their signature with something else that they sign, however even 'signing elsewhere and comparing the signature' isn't considered to be witnessing. You have to sign the document you want us to notarise in front of the notary public.

You can't mentally sign

Usually, signing legal documents requires mental capacity. This means the person who signs needs to know and understand what they're signing. If they're mentally incapacitated (ie, they have a mental disability or illness) and don't know or don't understand what they're signing, the document won't be legally valid. If a person doesn't have mental capacity, they shouldn't be signing any legal documents and the notary public shouldn't be witnessing them sign any legal documents.

If the person who's supposed to sign has appointed someone as their attorney, in certain cases that person's attorney can sign on their behalf. However, you'll need to check with the recipient whether signing by the attorney will be acceptable for the intended purpose.

If we have any suspicions that the person signing doesn't have their mental capacity, we won't be able to witness their signature or notarise their document.

You can't physically sign

If you're unable to physically sign, a commonly accepted alternative is to put a thumbprint. Including a thumbprint (normally a left thumb) is quite common in India, however, whether this is acceptable really depends on the recipient and their specific requirements. If you're intending to use a thumbprint, check with the recipient with this is acceptable and if so, whether there's a specific requirement regarding the colour (ie, black or blue).

Can you sign electronically?

While we acknowledge that the world is moving towards (or has moved towards) digital and electronic signatures, this concept generally doesn't apply to notary public services (yet). Notarisation as a physical signature and seal (ie, often called wet signatures and wet seal) rather than as an electronic or digital signature and seal is widely accepted around the world. Of course, there are some places that may accept notarisaiton with an electronic or digital signature and seal, but at the moment, those places would be the exception. Considering many of the processes in India are remnants of the colonial and British system, it's unlikely any recipient in India will accept a document with digital or electronic notarisaiton - the traditional and more conservative approach would be to require wet signatures and a wet seal.

Accordingly, witnessing, certifying and notarising are all done as physical acts. You must be present in person, you must bring original documents, you must physically sign with a pen, and we physically sign and seal your document. In time, this may change but for now - this is the way it is.

Renewing your expired Indian passport

Has your Indian passport expired?

If your Indian passport has expired and you are intending to renew it/apply for a new passport, you must submit your application to VFS. There are a number of requirements for the new passport application, and you must ensure that you satisfy all of the requirements otherwise your application will be rejected.

For more information, have a look at the "New Passport (on expiry of Passport) Checklist" available from the VFS website.

As part of your application, you must also complete "Personal Particulars" form, which does not require notarisation as well as the following other documents:

• IF your passport expired more than ONE month, then you must also submit FORM I, which requires notarisation if you live in New South Wales. If the application is on behalf of a child, then this form must be signed by both parents.
• IF your signature has changed, you must provide a statutory declaration confirming that you have changed your signature and provide a sample of that new signature. If you live in New South Wales, then that statutory declaration must be notarised.
• IF your appearance has changed, you must also submit FORM J, which requires notarisation if you live in New South Wales.
• IF your address has changed, you must also submit a copy of your utility bill with the new address and if you live in New South Wales, that bill must be notarised.

How can we help you?

If you live in New South Wales, then many of the documents that you must submit to VFS must be notarised. 

This means that if your document is something that you must sign (like Form I, Form J or the statutory declaration), then those documents must be signed in front of a notary public. If your document is something that you must certify (like your passport, or your utility bill), then those documents must be certified by a notary public.

We help many clients to satisfy their requirements with VFS, including to renew their expired passport. We can witness their signature on Form I, Form J or the statutory declaration and notarise those documents, and we can certify copies of their passport and utility bills as required.

Attesting a copy of your passport of Indian Police Clearance Certificate

Are you applying for the Police Clearance Certificate (PCC) from India?

If you are NOT an Indian citizen, one of the requirements for submitting your PCC application to VFS is an attested copy of your passport. If you live in New South Wales, then your passport must be attested by a notary public.

How do you apply for the PCC from India?

The best place to start would be the VFS website and the application checklist. You can find that form here (the VFS often updates from time to time so always refer to the website for the latest forms and checklists):

https://www.vfsglobal.com/one-pager/india/australia/passport-services/English/pdf/checklist-for-pcc-updated.pdf

Why do you need a PCC from India?

Generally, you would need a PCC from India if you previously lived in India and you need to provide support for a background check (ie, you are applying for a visa to another country, or you are applying for employment that requires a background check or criminal history check).

How do you attest a copy of your passport?

Application for the PCC must be submitted through VFS. VFS is responsible for processing applications on behalf of the Indian Consulate in Australia. If you live in New South Wales, then any documents that should be attested before being submitted to VFS generally must be attested by a notary public.

To attest a copy of your passport, you must provide us with your original passport. You can either arrange for it to be delivered to our office or you can make an appointment to bring it in person. We will be able to attest a copy of your passport at the time of your appointment and return your original passport with the attested/notarised copy at the same time. The process really does not take more than 10-15 minutes.

Can we attest a copy of your Indian passport?

Yes, we can attest a copy of your Indian passport on the basis that it is an international document and it is recognised in Australia as your primary form of identification.

You may need to check VFS requirements for the application if they will accept an attested/notarised copy of your Indian passport as the standard application checklist states that you must provide your original passport.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Black and white photograph or colour photograph?

Attaching your passport size photograph to Photographs and Fingerprints as per Section 32A of Registration Act 1908

If you've signed documents for India, like the power of attorney, you'll be familiar with this form. It requires you to provide your fingerprint (left thumb), your name and permanent postal address, and a passport-sized photograph of yourself.

Here's an interesting case. Recently, one of our clients was asked to re-sign their Photographs and Fingerprints form because it was rejected. Our client's form was rejected because our client had provided a black and white photograph of themselves according to the instructions in the form that specifically state that a "black & white" photograph was required. Their lawyer directed them to re-sign their form with a colour photograph!

Should you use a colour photograph or black and white photograph?

So what does this mean for clients who must sign and submit this form with their fingerprint and photograph? Honestly, it's unclear to us whether a colour photograph or a black and white photograph is required. The form states black and white, but in practice the majority of our clients use colour photographs (as this is generally the only readily available format) and for the few clients who have used a black and white photograph, it was only in this one case where their form was rejected.

If you're not sure whether you should be using a colour photograph or a black and white photograph, it's best to ask your lawyer in India for advice and direction.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Changes to COVID precautions and restrictions

Despite changes to government regulations around wearing face masks, we still encourage all of our clients to continue wearing masks while in our office.

Our team will continue wearing masks for your safety and peace of mind.

Thank you for your cooperation and understanding.

😷😷😷

I want notary for OCI... but what does that mean?

Overseas Citizen of India applications

When people call us and say "I want notary for OCI..." it doesn't actually explain what they require.

Applying to be an Overseas Citizen of India requires you to submit various documents to VFS in support of your application, however, what documents you must submit depends on you and whoever else you may be applying for (ie, spouse and children etc). To simply state that you need notary services does not provide enough information for us to confirm whether we can assist you or what would be the cost for those services.

If you're not sure what documents you must submit in support of your OCI application or you're not sure what documents must be notarised, then you should visit the VFS website for more information.

You can also find the OCI Checklist here.

What services can we provide in support of the OCI application?

We can notarise certified copies of Australian government documents. If you need to provide certified copies of Australian or international documents (ie, passports, Australian birth certificates, Australian marriage certificates, Australian change of name certificates), then we can assist with certifying and notarising copies of those documents. If any of those documents must also be stamped with an apostille from the Department of Foreign Affairs and Trade, we can also assist with that process.

We cannot notarise copies of documents issued by governments of other countries. Although the VFS checklist indicates that there are some documents, like birth certificates or marriage certificates issued from India, which must also be notarised, this requirement cannot be satisfied by our office on the basis that they are foreign documents and not Australian or international documents. Documents issued from India should really be either attested by VFS (which it refuses to - not sure why) or by a notary public in India, but not by a notary public in Australia. Potentially since this is a requirement from VFS, which does not consider the legal jurisdiction of notarisation in Australia, then there may be some notaries who are still providing this service even though legally they are not supposed to.

Interestingly, as VFS highlights in their checklist, if a document was not issued in Australia (or in India) but some other country, then that document must be attested by the embassy/consulate or foreign office of that country. However, despite acknowledging the limitations of what notaries in Australia can or should be doing with other foreign documents, the reality is that the same applies to documents issued from India (ie, they cannot be notarised in Australia and should be attested by the embassy/consulate or foreign office of India, being VFS).

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Statutory Declaration for Change of Signature

Have you changed your signature since your last Indian passport was issued? You'll need to submit a statutory declaration to VFS confirming that you have changed your signature but that you're still the one and the same person. If you live in NSW, you'll also need to have that statutory declaration notarised.

Statutory Declaration for Change of Signature templates

Not sure where to get the statutory declaration? Don't worry, we've got you covered. Check out our following templates in Word format. They're so easy to use.

• Statutory Declaration for Change of Signature (Oaths Act, Schedule Eight)
• Statutory Declaration for Change of Signature (Oaths Act, Schedule Nine)

Both versions are essentially the same - just slightly different wording, but both will do the job so choose the one you prefer.

Instructions

To complete these statutory declarations, all you need to do is download the template to your computer and open it with Microsoft Word (other applications may not properly recognise the necessary field codes), enter your full name (as it appears in your passport), your current residential address, and your Indian passport number. That's it!

Once you print the document, the rest will self populate (if you're using Microsoft Word properly). All you need to do after that is make an appointment with our office to have your signature witnessed and your statutory declaration notarised. It's quite simple.

As a leading provider of notary public services in Sydney, we assist many clients with notarising their documents to submit to VFS. If you take a moment to look through this website, you'll see we're also blogging about it fairly regularly - and that's because we're helping people every day (just need to make the time to write about it here, that's all).

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

FORM J - Statutory Declaration for Change of Appearance

Who requires FORM J?

Have you been asked by VFS to submit FORM J because your appearance has changed?

FORM J is a form to submit to VFS (on behalf of the Indian Consulate) to have your Indian passport issued to you while living in Australia. If you have changed your appearance ('considerably changed' as determined by VFS) then you must also submit FORM J which is a statutory declaration stating that you have changed your appearance.

If you're not sure what you need, perhaps review their checklist available on their website

https://www.vfsglobal.com/one-pager/india/australia/passport-services/English/pdf/passport-checklist-updated-nov.PDF

What does it mean by 'considerably changed'?

There can be various circumstances when you would have to submit FORM J when renewing your Indian passport. The example provided by VFS includes if you previously wore a turban but have stopped wearing a turban (or vice-versa).

We have also seen instances when people have had to submit FORM J after they have cut their hair or shaved their beard. Also, if a previous passport was issued when you were a child but you have since matured and your look has changed, then you may also need to submit FORM J when renewing your passport.

What does FORM J contain?

The central element of FORM J is your photograph. You must include your current photograph and paste it into FORM J. The rest of FORM J is essentially a statutory declaration in which you declare that the photograph reflects your new appearance - assuming it is different from what it was before.

Where can I download FORM J?

FORM J is available from the VFS website. Currently, it can be found at:

https://www.vfsglobal.com/one-pager/india/australia/passport-services/English/pdf/Form-J.pdf

However, VFS often update their website from time to time (without including redirections) so if the above link doesn't work, then you'll just need to search it for the correct form (and checklist).

How can we help with FORM J?

If you live in New South Wales, then you must sign FORM J in front of a notary public. If you live in other states, presumably VFS will accept it being signed in front of a justice of the peace or other equally qualified/authorised witness.

As a leading provider of notary public services in Sydney, we assist many clients who must submit their FORM J to VFS to confirm their change of appearance. 

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta and Rouse Hill, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Be patient...

Be patient

It's a very simple request. Many services like ours have been closed over the Christmas and New Year period. This is really the only time that we take a break (aside from the lockdown/restrictions). Naturally, when we reopen our services are in high demand meaning that we're not able to answer every phone call or make an appointment for everyone immediately, especially as some of our team are still on holiday.

What do we do when we're fully booked?

Everyone can make an appointment. It's quite simple, but there are limited appointments available each and every day. Once those appointments are taken, we are fully booked. If you call us after we are fully booked, we will tell you so. At times, we may be able to "squeeze you in between appointments", especially when some appointments are faster than the allocated time, but it's not something that we can promise and we cannot say how long you might have to wait.

If someone else has an appointment, then they will take priority over you. When there's a chance to see you after an appointment has finished early and before the next appointment arrives, then we'll squeeze you in and see you if we can. It's really quite simple. 

Too many times people have demanded an appointment when there are none available, or when we squeeze them in, they demand that we see them before other people who have already made an existing appointment. Isn't that like pushing in or cutting in a line?

At the end of the day, we'll make sure we see all of our clients, whether they have appointments or not, but isn't it fair to those who have made an appointment that we see them first before we see anyone who just decides to walk-in or those we're able to squeeze in?

Be considerate

Aside from patience, it does require consideration. Be considerate to everyone else. Yes, you might have an urgent request, but everyone else has an urgent request too. The reality of this work is most of it is time-sensitive in one way or another, but it doesn't mean that anyone should be favoured over anyone else.

Reopening for notary public services in 2022

Happy new year! We will be reopening for appointments on 10 January 2022.

If you need assistance with notarising your documents, please call us on 02 9687 8885 (from 930am onwards) to make an appointment. There will be limited appointments on Monday, but there will be more availability for the rest of the week as we return to our normal appointment schedule.