Department of Immigration and Border Protection - Form 1229 - Consent to grant an Australian visa to a child under the age of 18 years

Do you need to complete Form 1229?

For all of our clients who contact us about signing the consent to grant an Australian visa to a child under the age of 18 years, this form requires endorsement by parents but it does NOT require notarisation - or at least not by the Australian Government or by the Department of Immigration and Border Protection.

Form 1229 is a standard government form that only requires the parents of the child to sign. It doesn't have (nor does it appear to have) any place for a witness to sign the form or for the form to be notarised by a notary public.

So why do I still need to have Form 1229 it notarised?

This requirement is a requirement imposed on you by your immigration agent/consultant or by your employer if you're on some sort of work or sponsored visa. If you are concerned about their request and want to know why they require notarisation, you should ask them to explain so that you understand what's required and why it's required.

Just be prepared to budget or allow for the time and cost of having your form notarised.

How can we help you?

Our approach (see the reviews on our Google page) focus on fast and efficient services to minimise the time and inconvenience of notarising your document. Our low fixed fee services also mean it's relatively inexpensive so that there are savings all round.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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 an apostille for VFS?

I have been asked to get my documents stamped with an apostille and then attested by VFS. Why?

Good question.

The reality is that when people don't know things - they guess. Sometimes it's an educated guess, and sometimes it's just a guess based on what they think is the right thing to do. If your lawyer in India is unfamiliar with the international conventions, such as the Apostille Convention, then it's possible that when they ask you to get your documents signed in Australia, they'll also want you to have your documents stamped with an apostille AND stamped by the Indian Consulate. But are both required?

You could say that a safe rule of thumb is that you can't have too many stamps. The more stamps you have, the more official your document will look, and the more likely someone looking at it will accept that it's sufficient for their purposes. This is practical advice, but it isn't great legal advice because there are actually international laws and conventions that govern how documents can be signed internationally and accepted in other countries.

In the case of documents signed in Australia but used in India, the Apostille Convention will allow documents to have been signed and notarised in Australia as well as stamped with an apostille from the Department of Foreign Affairs and Trade to be accepted in India without any further stamps from other officials or authorities (ie, like VFS or the Indian Consulate). That's it.

If your lawyer in India has asked you to have your document also stamped by the Indian Consulate, then the chances are that they're not familiar with what's required by international law and convention or the people/offices that he's dealing with aren't familiar. For them, the safe bet is to have a stamp from the Indian Consulate. The downside for you is that it just means the process becomes more expensive and takes more time.

After you have your document stamped with an apostille, VFS (on behalf of the Indian Consulate) will ask you to sign a disclaimer/undertaking confirming that you're aware that you're not required by international law and conventions to have your document stamped by the Indian Consulate once it's been stamped with an apostille.

Every time we notarise documents for India, we recommend our clients to scan their document for their lawyer in India to check whether it would be sufficient. Do NOT ask whether an apostille is required and do NOT ask whether attestation by VFS/Indian Consulate is required - otherwise, they may just say 'yes' without really knowing why or committing you to a course of action that's going to incur more cost and take more time.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

What's the fastest and cheapest way to have my utility bill notarised?

Why do you need to notarise your utility bill?

Recent changes at VFS now means that if you live in New South Wales and you need to prove your address (or change of address), you need to provide VFS with a notarised copy of your utility bill. Previously, these documents could be certified by a justice of the peace, but not anymore. Involving a notary public in this process potentially means a higher level of formality to verify the documents being notarised to confirm their authenticity - ensuring that the process and the checks required by VFS are taken to a higher standard.

What's the problem with notarising utility bills?

Notary public services generally deal with original documents and this presents a bit of a challenge when many documents (especially utility bills) are only being produced and sent as electronic documents by email or by download. The process of notarising electronic documents still means printing the electronic document as a paper document for it to be notarised.

What do we offer to help you satisfy this process?

Notarising your utility bill can be quick and easy, but it depends on what you're prepared to do and what you're able to do (and how your utility provider can assist you in this process). Currently, our notary public service offering is tailored towards the following arrangement as being the fastest and cheapest method that more and more of our clients are electing to follow.

Fastest and cheapest - arrange for your utility provider to email a copy of the utility bill to us directly. When the email comes to us directly from the utilty provider, we'll print the attach statement and provide a notary certificate confirming that we received the documents directly from the utility provider. Provide your utility provider with this email and call us to make an appointment.

Notary Email

If you can't arrange for your utility provider to email us directly, you can either print your utility bill or email it to us and we'll verify the information with the utility provider. Due to the steps in this process, it potentially takes longer and will cost more than the first method.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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 OCI on behalf of your children

Signing for minor children

If you're applying for an OCI for your children (under 18 years old), you must sign an affidavit in support of the application. If you live in New South Wales, the affidavit must be witnessed and notarised by a notary public. The affidavit must accompany your other application documents and be lodged with VFS for processing. 

You can download a copy of the affidavit format as proposed by VFS.

https://www.vfsglobal.com/india/Australia/oci_pio_service/pdf/Affidavit-for-OCI-reissuance-minor-children.pdf

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

New pricing packages for attestation

Cheaper pricing packages for a limited time only

We've seen how the changes at VFS have caused a lot of problems for our clients and we're here to help. From 1 September, VFS has changed its requirements for documents attestation, especially for NSW residents. Previously, you could have your documents attested by a justice of the peace but that's now your documents must be attested by a notary public.

As a leading provider of notary public services, we've been helping the Indian community around Sydney with notarising their documents for use overseas as well as for submission to VFS. Now that more and more documents must be notarised or attested by a notary public before they can be sent to VFS, we appreciate that the cost of what used to be a free (JP) service is now more expensive. Accordingly, starting from 1 October we're going to be launching a number of 'discounted' packages to lower the cost of notarising documents. Stay tuned.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

Did you change your address? Maybe you need to prove it to VFS... with your utility bill?

Notarising a copy of your utility bill

Have you been asked to have your utility bills notarised? In recent weeks, more and more clients have asked about having their utility bills notarised and this presents a problem because utility bills are normally non-government providers and these days they're issued electronically.

If you live in New South Wales and need to show to VFS that you have changed your address, one of the requirements that VFS imposes on you is to prove your new address by submitting a notarised copy of your utility bill. In order to notarise your utility bill, we must first verify the information as well as the authenticity of the bill with your provider. This service offering is a little different from simply certifying a copy of a document that has been issued by a government department (ie, a public document) like a passport or driver's licence or photocard.

Still looking for assistance with this requirement?

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

VFS Requirements (for IDLV) - We don't make the rules, we just provide the service

We don't make the rules

Many people have asked us about (complained to us about) VFS requirements for their various Indian consular services, including having documents notarised or stamped with an apostille.

Sorry, we don't make the rules. If you have any issues, concerns or complaints about the different requirements that VFS impose on their various Indian consular services, you really need to contact VFS - they make the rules, their own rules.

The bottom line is, if you want VFS to do something for you, then you need to follow their rules and satisfy their requirements. That's it - it's quite simple.

The VFS requirements are contained in their various checklists. If you need to attest a special power of attorney or general power of attorney, there's a specific checklist for that. If you need Indian Drivers Licence Verification, there's a specific checklist for that. If you need to issue a passport or you have damaged your passport and need a replacement, there are specific forms and checklists for them too.

No matter what you require from VFS in the form of Indian consular services, there's a corresponding checklist stating the requirements that you must satisfy in order to receive those services. 

IF the checklist says you need to have your documents attested by a notary public, then that's what we do. IF the checklist says you need to have your documents stamped with an apostille from the Department of Foreign Affairs and Trade, then that's something we can arrange for you as well.

But if you're not happy with the VFS requirements for whatever Indian consular services you require, there's nothing that we can do about it. We don't make the rules.

We just provide the service

As much as we can't change the system or re-write the rules to suit your preferences, we understand your predicament and try to help you where we can - especially when it comes to notarising documents or arranging for the apostille. Instead of complaining about the requirements, maybe the more constructive approach would be to find out what's required and then trying to satisfy those requirements. If you need help, then call us.

We provide notary public services. In most cases, this means we can witness you sign documents or we can certify copies of documents for submission to VFS. If you also need an apostille from the Department of Foreign Affairs and Trade, which is required by some consular services, then we can arrange all of that for you as well.

If you're frustrated about the process, we understand - but while we can't change the process, we can look after it for you so that you don't have to be bothered by it. That's the service that we provide.

Indian Drivers Licence Verification

For example, if you've been reading through our blog or read other articles that we've posted over the years, you'll see that we're very familiar with the process known as the Indian Drivers Licence Verification, especially when your name on your Indian Drivers Licence is different to the name that appears on your Indian Passport. In those cases, the IDLV Checklist offers you two options to verify your name/identity and one of those options is to have a notary public confirm that you are the one and the same person and to have that document stamped with an apostille. How VFS interprets that requirement has changed since we started assisting clients with satisfying the requirements in the checklist - and we've also had to change our service offering (not our pricing). To help you satisfy this requirement not only do we provide you with a notary certificate that verifies that you are the one and the same person, but we also prepare an affidavit which you would need to sign at the same time and we provide certified copies of your respective identification documents. Even if you want to try to argue that the requirements set out in the IDLV Checklist don't require all of these documents, it's better to be safe than sorry. It doesn't cost extra to include the additional documents and so we include them to avoid any reason that VFS would or could reject your application because of something that we have or haven't done in terms of the notary public service.

Sounds simple? It is when you take a step back and try to work within the system rather than against it.

So what about the apostille? Do you really need it? Yes and yes. The IDLV Checklist is very clear that you need to have your documents stamped with an apostille. The apostille is only available from the Department of Foreign Affairs and Trade. The apostille is confirmation that your documents have been properly notarised by a notary public. That's it.

It doesn't matter how much you want to complain about or resist the requirement (or the cost, time and hassle) of obtaining an apostille, it's a requirement and if you don't satisfy this requirement then VFS will reject your application.

We try to make this process as simple as possible for you and will look after the apostille process for you. We arrange to have your documents stamped with an apostille from the Department of Foreign Affairs and Trade and returned to our office for you to collect. If you don't want this service or you don't want to pay for this service, you can always make your own arrangements. It's actually very simple. But if you want our help, that's why we're here - to help. We can look after that whole process for you from the notary certificate, the notarised affidavit, certified copies of your identification documents, and the apostille.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

Has the Indian Drivers Licence Verification changed?

As many of you may have found out, VFS has changed a few of their forms as of 31 August 2020 and these changes impose a greater obligation (and cost) on people attempting to do various things like apply for or renew passports and other consular services. Despite this, the Indian Drivers Licence Checklist (IDLV Checklist) is still the same as it has been since 30 April 2020.

If your name on your Indian Drivers Licence and your Indian Passport are different, in order to obtain the Indian Drivers Licence Verification you must satisfy the IDLV Checklist requirements under the following options:

Option 1:

Have a Public Notary in Australia confirms that both names [name on License and on the Passport] clearly stated in full on the affidavit belong to one and the same person.

  • This document must then be apostilled by the Department of Foreign Affairs and Trade Office [DFAT] in Australia.
  • Once the apostille stamp is completed, the India Driver License Verification Application form may be submitted at an Indian passport and visa services centre along with a copy of this apostilled document.
  • The License Verification Certificate will only be issued in the name as it appears on the License.

Option 2:

Have an affidavit made from the court in India, confirming that both names [Name on License and on the Passport] clearly stated in full on the affidavit belong to one and the same person.

  • Have this notarised in India.
  • Notarised affidavit can be signed ONLY by the applicant or father / mother of applicant. In case affidavit is signed by Father / Mother of applicant, a copy of passport / Pan Card of signatory needs to be provided.
  • The Original Affidavit must then be attested by the Consulate/ High Commission. This service is to be done first as a miscellaneous service at Indian Passport and Visa Services Centre. (http://www.vfsglobal.com/india/australia/attestation_of_documents.html)
  • Once the affidavit attestation is completed, the Indian Driver’s License verification application form may be submitted at an Indian Passport and Visa Services Centre along with a copy of this affidavit.
  • The License Verification Certificate will only be issued in the name as it appears on the License.

How are we doing things different now?

Despite the IDLV checklist being unchanged, it appears that VFS has taken a new approach to reviewing all documents and applications - including the applications for the Indian Driver Licence Verification. Accordingly, we have added an extra 'affidavit' to our existing notary certificate package with certified copies of the Indian Passport and Indian Driver Licence.

What can we do for you?

As a leading provider of notary public services in Sydney, we've assisted many people within the Indian community with converting their Indian Drivers Licence to a NSW Drivers Licence through the IDLV process. We do this by providing a notary certificate confirming that they are the one and the same person in both their licence and their passport despite the name difference. Our notary certificate satisfies OPTION 1 of the IDLV Checklist.

While OPTION 2 requires a 'notarised affidavit signed by the applicant', OPTION 1 requires 'confirmation by the public notary' and the notary certificate that we provide would not be signed by the applicant (ie, it's not a self-declaration or a self-certification by the applicant, rather than confirmation by us that the applicant is the one and the same person).

Our notary certificate can also be stamped with an apostille by the Department of Foreign Affairs and Trade (DFAT) which is also a requirement for OPTION 1 of the IDLV Checklist. A 'notarised affidavit', presumably done in India, in accordance with OPTION 2 cannot be stamped with an apostille by DFAT.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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 a new or replacement Indian Passport?

Have you checked the VFS website for the most up to date checklists? Be aware that the checklists and the requirements have changed.

As many of you may have found out, VFS has changed a few of their forms as of 31 August 2020 and these changes impose a greater obligation (and cost) on people attempting to do various things like apply for or renew passports and other consular services.

Unfortunately, some of our clients have 'found out the hard way' that VFS has changed its requirements after having their documents returned to them with instructions that they also need to have copies of other supporting documents notarised. In the past, they may have had their supporting documents certified or attested by a justice of the peace, but now with the recent changes all of those documents must be notarised by a notary public - especially if they are residents in New South Wales

If you are submitting your application to VFS without documents having been properly certified or attested by a notary public, your application will also be rejected.

On a side note, the other complication with the changes recently introduced by VFS is that they sometimes require documents (such as Indian birth certificates) which cannot be notarised in Australia. In Australia, a notary public can attest and notarised copies of Australian public documents (ie, original documents issued by Australian government departments). Attesting Australian documents for use overseas is probably one of the main functions of the notary public in Australia, but this function does not extend to attesting Indian public documents. Indian public documents, like the Indian birth certificate, cannot be attested by an Australian notary public. They can only be attested by an Indian notary public.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

Have you experienced anything different with VFS recently?

Feedback wanted

As a leading provider of notary public services, we assist many people within the Indian community with notarising documents for use overseas - mainly India. Naturally, this work often involves and overlaps with VFS and so when our clients have issues with VFS, we know about it.

Recently, we've received a number of queries from clients about their dealings with VFS and some of it has been confusing and concerning. In particular, we've been told that:

  • Clients must have their Indian birth certificates or marriage certificates notarised in Australia. The public notary in Australia should not be notarising foreign public documents, like these personal certificates. Foreign public documents should be notarised in the country where those documents were issued - not Australia.
  • Clients must sign notary certificates issued by a public notary in Australia. The notary certificate is a document that is issued by the public notary and signed by the public notary. It isn't a document that would normally be signed by clients (ie, the certificate is given by the public notary, it's not a self-certification by the client).
  • Clients must have their utility bills and other statements notarised by a public notary in Australia. The challenge with many bills and statements in Australia is that they are mostly issued electronically. While it's still possible to notarise these documents, the process is more involved which translates into cost - and of course that's not what many of our clients are happy to hear.

What's happened?

According to the VFS website, a number of checklists for different processes and applications changed on 31 August 2020. This means some things are now being done differently at VFS, especially for clients who live in New South Wales. Documents that could be previously signed by a justice of the peace or a public notary now have to be signed by a public notary only. Unfortunately, this means the process is going to be more expensive for clients because while having documents signed by a justice of the peace is free, having the same documents signed by a public notary isn't free.

Of course we remain committed to assisting our clients with their public notary requirements for documents intended for India or for submission to VFS, but these recent changes at VFS are likely to create confusion as well as raise more problems and incur additional costs than before.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

Attesting your passport for VFS

Have you noticed that the VFS checklists have been updated recently? If not, you'd better take a look and download the most recent checklists. The most significant change affects people living in New South Wales.

In the past, some supporting documents that had to be submitted to VFS could be attested by a justice of the peace. That requirement no longer exists in New South Wales. The checklists now clearly state "NSW residents kindly submit documents attested by a Notary Public only". So what does this mean?

Unfortunately, it means that submitting documents to VFS will become more expensive. Unlike the justice of the peace, which is a community service and free-of-charge, the notary public service is a paid service.

As a leading provider of notary public services in Sydney, we're committed to supporting the Indian community in Sydney even with the changes to the VFS requirements and continue to offer low cost fixed fee notary public services. Attesting your passport has never been quicker or easier as we generally are available on short notice to notarise and attest copies of your passport.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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 I - Declaration (affidavit required for the issue of New Passport) submitted to VFS

Justice of the Peace or a Notary Public for Form I

If you're applying for a new Indian Passport from VFS, one of the documents you must provide is a declaration known as FORM I. This document must be declared, signed and witnessed by a justice of the peace or a notary public.

Using a justice of the peace is a free service - however, have you had problems in locating a justice of the peace?

If you can't find a justice of the peace, you can always use the services of a notary public. The difference between a justice of the peace for the purpose of FORM I is that while the justice of the peace is a free service, the notary public is not a free service.

If you need to apply for a new Indian Passport from VFS, you can sign FORM I in front of a notary public if you cannot find a justice of the peace.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

Samruddhi Realty Limited - Liquidation and Proof of Claim by Financial Creditors

Caught out by the collapse of Samurddhi Realty Limited?

Sadly, you're not the only one. The collapse of Samurddhi Realty Limited has caught out a few of our clients as well.

Our clients have come to us to witness their signature and to certify their passport as part of their FORM D - Proof of Claim by Financial Creditors. The proof of claim must be submitted to the liquidator and time is running out. Although the deadline has been extended due to the global COVID-19 pandemic, it will soon be closing. Don't delay.

FORM D requires you to provide:

  • Your full name and identification information.
  • Your address and contact information.
  • The amount you are claiming, including interest.
  • Provide an affidavit confirming the information about the property, the sale agreement, the construction agreement, and associated information.
If you're living in Australia and sending this document to India, it needs to be notarised and you may also need to notarise a copy of your passport as well. Time is running out so don't miss out.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

We reopen on 11 May 2020

With easing restrictions and the apparent low rate of community transmission, we have decided to reopen for notary public services (including face-to-face meetings) from 11 May 2020. Please be aware that social distancing principles according to NSW Health guidelines will still apply. We have also implemented our own protocols for your health and safety as well as the health and safety of others.

Please make an appointment before visiting our office.

Thank you for your understanding and patience.

COVID-19 and Office Closures

Due to the global COVID-19 pandemic, our office will be closed from today until further notice. 

Notary public services are not essential services and so travel restrictions apply.

We're still available to notarise documents remotely, specifically documents that do not require witnessing or personal attendance. Our team continues to work remotely and are available my telephone, email and video conference.

Please visit our Facebook page (https://www.facebook.com/phanglegal/) for updates as to when we will reopen.

Thank you for your understanding and patience. Stay safe.

FORM I - Issuing a new passport for children

Justice of the Peace or a Notary Public for Form I

If you're applying for a new Indian Passport from VFS for your child, one of the documents you must provide is a declaration known as FORM I. This document must be declared and signed by the child's parents in front of a justice of the peace or a notary public.

Using a justice of the peace is a free service - however, have you had problems in locating a justice of the peace?

If you can't find a justice of the peace, you can always use the services of a notary public. The difference between a justice of the peace for the purpose of FORM I is that while the justice of the peace is a free service, the notary public is not a free service.

If you need to apply for a new Indian Passport from VFS for your child, you can sign FORM I in front of a notary public if you cannot find a justice of the peace.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

What does notarisation, notary attestation, or consularise mean?

People often ask us about having their documents 'notarised' or 'attested' by a notary public or by the Indian Consulate, but what does that even mean?

In most cases, they don't know because that's just what their lawyer in India has asked and in this article, we discuss the meanings and give you tips on what you should be asking your lawyer in India to understand the exact requirement.

Notary. Notarised. Notarisation. Notary attested.

Many people use this word as both a noun and as a verb. But the simple fact is that a notary public is a position, title or a role - but it's not a verb. The verb is notarise, which means this is something that the notary public does. For example, the notary public notarises a document. But even the term 'notarisation' can include many different things.

Here are some things that can be considered to be notarisation:
  • A notary public witnessing you sign a document.
  • A notary public certifying a copy of a document.
  • A notary public verifying the authenticity or information contained within a document.
  • A notary public providing a notary certificate confirming a certain fact.

What about attested?

Occasionally, you may also hear the word 'attest' or 'attested' - but what does this mean? The word 'attest' specifically means that it something is declared to be true or is the evidence of truth. At the heart of what a notary public does is to provide confirmation of facts, whether that's to confirm someone's identity and to witness that they are the person signing a document, or it's to confirm that a document is a certified copy of an original document. Again, the word 'attest' or 'attested' is used in many different context but alone doesn't provide certainty as to what's specifically required.

And consularise?

Is 'consularise' an actual word/verb? Many clients ask for documents to be consularised which presumably means they want it to be stamped by the consulate. In Australia, the consular services for the Indian Government has been outsourced to VFS. In many cases, before VFS will stamp your document, it will need to be notarised by a notary public and sometimes also stamped with an apostille from the Department of Foreign Affairs and Trade (DFAT).

As both India and Australia are members of the Apostille Convention (see more here), then documents from Australia stamped with an apostille will be recognised in India. However, often despite this official position, some people in India will still want the document to be stamped by VFS before it will be accepted in India.

So what should you ask for?

As you can see, some of these terms aren't actually real words - and that makes it confusing when clients ask for help.

A good idea is to think that when you need notary public services, you need to clearly state whether it involves a person (ie, identifying someone, witnessing their signature, taking an oath or affirmation) or it involves the contents of the document and not specifically the person (ie, certifying a copy, verifying the information).

The difference between the two kinds of service will determine what steps need to happen in order to notarise or attest the documents.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

Why do you need a power of attorney for India?

One of the challenges of living in Australia but buying or selling property in India is being able to sign the various legal documents necessary for the transaction to happen. Since most of the legal documents are still in paper form (ie, not electronic), it requires your signature - or perhaps someone to sign on your behalf.

Appointing someone to sign legal documents on your behalf can only really be done by a power of attorney.

If you're living in Australia and appointing someone in India by power of attorney to sign documents on your behalf, then that power of attorney must be notarised by a notary public.

Who writes the power of attorney?

In most cases, your lawyer or whoever is looking after your transaction in India should write the power of attorney for you. Sometimes it may just be a standard document or standard form, and sometimes it may be something specific to your situation or to your transaction. If you need to have a power of attorney to apply for a loan with a bank, sometimes the bank will have a standard power of attorney form that you can just download from the internet - but always make sure you know what you're signing.

Many clients download documents and forms from the internet (sometimes from different countries) and assume that they will 'work' in India - this is wrong and it's dangerous. Different countries have different legal requirements and different legal consequences. Don't assume that something you can download from the internet will work for your situation. Even a power of attorney based on the standard forms available in Australia isn't necessarily going to work or work properly for what you want to do in India. Check with your lawyer in India and if you don't have a lawyer, maybe it's about time you engage someone to assist you with your transaction. The cost of the process in Australia and the risk you face in sending an incorrect document to India isn't worth the risk.

Why does the power of attorney need to be notarised?

Documents signed in Australia but used in India generally need to be notarised. Depending on who you're sending the power of attorney to, they may also need the power of attorney to be stamped with an apostille from the Department of Foreign Affairs and Trade (DFAT) and stamped by VFS (ie, Indian Consulate stamp). Unfortunately, despite assisting clients sending documents to India for many years (nearly 20 years) everyone does it differently or they're asked for different things by their lawyer or whoever they're dealing with in India. What's common between all is having the document notarised - but after that, you'll just need to check.

What does notarisation involve?

For the power of attorney going to India, notarisation generally means you must sign the power of attorney in front of the notary public. The notary public can witness your signature and then sign/stamp your power of attorney confirming that they witnessed you sign it.

Do you need stamped paper?

Some clients who have their lawyers in India prepare the power of attorney and send it to them in paper form have their power of attorney printed on stamped paper (or bonded paper). This is like a form of pre-paid duty.

Stamped paper for isn't available in Australia so if you intend to sign a power of attorney printed on stamped paper then you'll need to arrange for it to be prepared in India and sent to you here. Alternatively, most clients print their power of attorney on standard A4 paper and have their signatures notarised on that type of paper. Duty is still payable in India but instead of pre-paid duty if your power of attorney had been printed on stamped paper, then your lawyer would need to arrange for it to be post-paid after the power of attorney arrives in India.

Does the power of attorney need to be stamped with an apostille?

Technically, as Australia and India are both member countries of the Apostille Convention (see here for more information) documents like the power of attorney sent from Australia to India, or any other member country, should be stamped with an apostille in order to be recognised.

Practically, the majority of power of attorney that we've notarised over the years have been used in India without an apostille. If you're not sure, please check with your lawyer in India.

What next?

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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 always need a notary public? What about a justice of the peace?

Why notarised?

In most cases, if you're sending documents back to India - you're going to need to have your documents notarised. The concept of having documents notarised is central to many transactions in countries all over the world, especially if you're transacting across different country borders.

Technically, for documents originating in Australia (ie, signed in Australia or Australian government documents), India should only accept them if they're stamped with an apostille issued by the Department of Foreign Affairs and Trade (DFAT). DFAT will only stamp a document with an apostille if it's an original Australian government document or if the document has been notarised by a notary public in Australia.

What's an apostille?

An apostille is a stamp issued according to the Apostille Convention (see more here) and recognised by member countries - such as Australia and India. Simply put this means if your document is stamped with an apostille on behalf of the Australian government, then government offices in India should recognise it as being a valid document. This is the formal approach and as stated, technically the correct process and procedure that all documents from Australia to India should follow.

Why only technically?

In practice, not everything strictly follows the technical requirements. Maybe whoever you're dealing with in India isn't familiar with the technical requirements or they have/follow their own requirements. For example, some people are asked to obtain the 'Indian Consulate' stamp which is only available from VFS (on behalf of the Government of India) and this may also involve obtaining an apostille as well. However, the majority of clients that we assist only need to have their documents notarised and stamped by a notary public.

What about a justice of the peace?

A justice of the peace is not a notary public. While signing or certifying documents in front of a justice of the peace in Australia can be used in Australia, it wouldn't be commonly accepted overseas in other countries - including India. Generally, the minimum requirement (aside from the apostille or 'Indian Consulate' stamp) for documents from Australia going to India would be to have them notarised. Some forms and documents can be stamped by a justice of the peace if you are submitting them to VFS, but if you're sending your document directly to India then consider having them stamped by a notary public.

If your document needs to be stamped with an apostille, DFAT won't recognise a stamp or signature of a justice of the peace - it has to be an original Australian government document or a document that's been notarised by a notary public.

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

Get quote to notarise 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.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

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

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

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.

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