2021 - Last day for notary public services

Ok, so that's 2021. Thursday, 23 December 2021 will be our last day for notary public services for this year.

It's been another challenging year due to the pandemic, and so we'd like to thank all of you - our community - for supporting us during this time. For those who patiently waited while our office was closed to the public due to government restrictions, again thank you for your understanding and patience.

Our office will reopen for notary public services on 10 January 2022. If you wish to make an appointment for notary public services on that day or afterwards, please visit our website and lodge a request. We'll be monitoring our emails and website enquiries during the Christmas and New Year break, but please expect delays in receiving a response.

We wish all of you a safe and enjoyable summer.

Get in quick before Christmas and New Year closures

We'll be suspending our DFAT apostille services from Friday, 10 December 2021 due to the expected office closures over the Christmas and New Year period. Any document received after this date that requires an apostille probably won't be ready for collection until mid-January 2022.

If you need to have your document notarised and stamped with an apostille, please take into account our office closure as well as DFAT office closure times and act quickly.

When do I need to have my document stamped with an apostille?

As Australia and India are both members of the Apostille Convention, all documents that are signed in Australia for use in India should be notarised and stamped with an apostille before they can be legally recognised in India. If you've also been asked to have your document attested by the Indian Consulate (through VFS) you may also need to have your notarised document stamped with an apostille, especially if you're not an Indian citizen.

IDLV - Can I write my own IDLV affidavit or statutory declaration?

When your name on your Indian passport and your Indian drivers licence is different (even if it's just abbreviations or initials), in addition to submitting all the necessary documents under Section A in the IDLV checklist, you must also satisfy the requirements of Section B.

What IDLV services do we provide?

As a leading provider of notary public services in Sydney, we help clients with Section B, Option 1 being the notary public services and arranging for the apostille from the Department of Foreign Affairs and Trade (DFAT).

This service includes the following:

• We prepare the notary certificate verifying that you are the one and the same person.
• We prepare the IDLV affidavit in which you declare that you are the one and the same person.
• We make certified copies of your Indian passport.
• We make certified copies of your Indian drivers licence.
• We arrange for the apostille from DFAT.

In the end, all you need to do is prepare your own documents from Section A and submit those with the notarised documents that we provide to you (to satisfy Section B) to VFS for processing.

Some clients choose to arrange for their own apostille, which means then we provide all other requirements for Section B, Option 1 except the apostille.

Why do you need the Indian Drivers Licence Verification?

If you have migrated to Australia (or you are living in Australia for more than 3 months) and you want to drive, you must have a valid Australian drivers licence. You can only drive with your Indian drivers licence in Australia temporarily.

To obtain an Australian drivers licence, you can apply without converting, which means you would have to follow the various processes of the licence (ie, from sitting for the knowledge test, qualifying for your learners licence through to a probationary licence) before you can qualify for a full drivers licence. However, if you want to potentially bypass those licensing requirements because you already have the pre-requisite driving experience in India, then you can apply to 'convert' your Indian drivers licence to an Australian drivers licence. Part of the conversion process is to have your Indian drivers licence verified - this is the Indian Drivers Licence Verification or IDLV process that VFS provides to Indian citizens living in Australia.

You can find all of the necessary information about the IDLV process from the VFS website or by downloading the IDLV checklist. Completing the IDLV process will then allow you to convert your Indian licence to an Australian licence.

The IDLV process can be straightforward if your name on your Indian passport and your Indian drivers licence is the same. All you need to do is complete the requirements under Section A and submit them to VFS for processing. However, if your name is different, that's when things get a little more complicated. In addition to completing the requirements under Section A, you must also provide documents specified under Section B. That's where we can help!

Why do people choose our IDLV service?

Very simple. People use our IDLV service for peace of mind.

For most things legal or related to law, you can actually do it yourself if you made the effort and you took the time. You can write all of your own documents, you can always represent or advocate for yourself, you can do your own research and give yourself advice/inform yourself of what you need to know. When it comes to the Indian Drivers Licence Verification process, the only thing you really need us to do for you is the notarisation. You need us to witness your signature and attest/notarise your document. Aside from that, you can do everything else yourself.

But do you really want to? One of the reasons you're probably reading this article is to understand the process and what you need to do, especially to do it right. That's one of the biggest challenges if you've never done it before. Is it worth guessing or fumbling your way through the process? People engage professionals to assist them with what they need to do because professionals know what they're doing (or should know what they're doing).

We've been providing notary public services for a long time - nearly 20 years. In the years that we've been assisting the Indian community with the IDLV service, we've continuously developed our forms and formats to satisfy the IDLV checklist from VFS. The way that we prepare and notarise the IDLV notary certificate, IDLV affidavit, and other associated documents has been accepted by VFS without issue or problems. That's the peace of mind you get when you choose our IDLV service. 

Can you make your own IDLV statutory declaration?

If our IDLV services are beyond your budget, or you prefer to write your own IDLV statutory declaration (and prepare your own accompanying documents), we can still provide the notary public service to take your declaration, witness you sign the IDLV statutory declaration and notarise that statutory declaration (or certify your accompanying passport).

If you wish to 'save a little cost' by preparing your own document, you can just follow instructions from VFS and prepare your own document based on their specific template - and that's ok with us too. We're here to serve and can still assist you even if you don't need our IDLV service.

In fact, if you incorrectly submit your IDLV application to VFS, they'll generally provide you with a template NSW statutory declaration for you to complete and have it notarised. They'll also provide you with various instructions as to what they need you to submit with your application, which sometimes includes the apostille as well. 

If you write your own IDLV statutory declaration then we just provide the notary public service to take your declaration and witness you sign the IDLV statutory declaration. We can notarise, but then we wouldn't check or comment on the contents of your declaration.

Can you apply for your own apostille?

Yes, of course, you can apply for your own apostille.

In Australia, DFAT is the issuing authority for the apostille and the apostille can only be issued by DFAT. If you wanted to, you can always make your own arrangements directly with DFAT to have your documents stamped with an apostille. That applies whether your documents are documents that you created yourself or whether they're the documents that we created as part of the IDLV service (less the apostille) for you.

In Sydney, DFAT issues the apostille through the Sydney Passports Office at Level 7, 26 Lee Street, Sydney (near Central Station). You should call or visit their online booking service to make an appointment if you intend to apply for your own apostille.

How much do we charge for arranging the apostille?

APOSTILLE FOR INDIA

Does your document need to be stamped with an apostille?

Both Australia and India are members of the Apostille Convention. This means that documents from Australia should be stamped with an apostille before they can be accepted in India. Of course, not everyone follows this requirement either because they don't know or because they'll accept some other form of stamp (ie, notary stamp or consulate stamp etc). But if whoever you're dealing with in India understands 

If you're signing documents in Australia that need to be used in India or if you're sending Australian documents to India, the chances are that you're going to need to have your documents notarised (at least) and sometimes stamped with an apostille, and sometimes also attested by the Indian Consulate (ie, VFS).

$150

including apostille fee (as at 1 November 2021)

We charge $150 for each apostille (current as at 1 November 2021). This includes arranging for the apostille with DFAT as well as the apostille fee charged by DFAT.

There are some important limitations on the documents that we can arrange the stamp for the apostille. For example, we will not arrange for an apostille on a document that has been notarised by another notary public.

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.

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

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.

Why do I need to attest my passport?

Attesting copies of passports is a common request, but why?

Don't lose your passport!

Your passport is an important document. While it's not irreplaceable, to replace a lost, stolen, or damaged passport is a real hassle - an unnecessary burden if it can be avoided. There are going to be many times when you'll have to prove your identity and perhaps rely on your passport as evidence. In those cases, unless you absolutely have to, you shouldn't really be sending your original passport anywhere or to anyone. Not only can it be lost in the mail, but once your passport is out of your possession and control, then who knows what could happen to it. Instead of sending your original passport, perhaps you should consider sending a copy only.

Sending copies of your passport overseas

Depending on who needs to see your passport, the copies that you send to them may need to be attested by a justice of the peace or by a notary public. If you're sending a copy of your passport overseas, then it should be attested and notarised by a notary public rather than just attested by a justice of the peace.

VFS applications

If you need to send your original passport, or an attested copy of your passport, to VFS in support of any applications you may be submitting to them, we recommend sending an attested copy of your passport rather than your original passport. For people living in New South Wales, this also means your passport copy must be attested by a notary public while anyone else living in any other state can have their passport copy attested by a justice of the peace.

Primary identification document in Australia

If you don't have any other form of photograph personal identification in Australia other than your passport, you should probably carry a copy of your passport (preferably an attested copy) instead of your original passport. There have been many cases where we've had to help people who have lost their passport or had it stolen or damaged because they were carrying their passport around with them every day. You should keep your passport securely and if you don't apply for another form of identification (ie, like a NSW drivers licence or photocard) then consider only carrying an attested copy. Since you'll be using it only in Australia as your primary identification, you don't have to have it attested by a notary public and can rely on an attestation from a justice of the peace.

Our notary public services

As a leading provider of notary public services in Sydney, we help the community by attesting copies of passports all day every day.

(Just remember we charge for copy of each passport - please do not expect that you can have as many copies of the passport as you like for the same price.)

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.

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/.

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.

Please update your Service NSW app for check in and vaccination proof

Your Service NSW app can now show your vaccination proof.

Please update your app and link it to your COVID-19 vaccination digital certificate available through your Medicare Express app. By sharing the digital certificate with your Service NSW app, you can now prove that you're fully vaccinated at the same time that you check-in, without the hassle of switching through apps or producing additional certificates/information.

For us, we've found that this has made the check-in process so much easier and streamlined.

Since 11 October 2021, proof of vaccination has been a condition of entry as we're only allowed to see/serve people in the office with face-to-face appointments if they've been fully vaccinated. For the last week, people have been showing us all forms of vaccination proofs and honestly, it's been a nightmare! Each form of proof shows different information in different formats. However, combining this into one app and sharing the information so that everything is available at a glance has made things so much easier. 

If you update your Service NSW app and you share your COVID-19 vaccination digital certificate, then it will make things so much for us and it will be easier for you too. Thanks for your understanding and cooperation.

Appointments in the office

Face-to-face appointments in the office are necessary for certain notary public services. Generally, this relates to witnessing signatures or verifying identity. For example, if you have a general power of attorney or a special power of attorney that must be attested, then this usually means you must come to our office and you must sign in front of us. When we witness your signature, we can then sign as your witness and then notarise your power of attorney. All of this requires you to be physically present in our office and sign in our presence. Under the current government restrictions, this then means you must be fully vaccinated as well.

Not all notary public services require face-to-face appointments in the office. If you need to have copies of Australian documents attested or certified, you don't need to come to the office in person and you can arrange for your original documents to be mailed to us or dropped off at our office. Most people still make appointments to come to our office with their original documents (as this is generally faster), but if you do this, then you must be fully vaccinated - even for pickup.

How do you prove that you are fully vaccinated or that you have a medical exemption?

From Monday, 11 October 2021 in accordance with easing restrictions across Sydney, our office will reopen to take face-to-face appointments with people who are fully vaccinated or who have a medical exemption.

To prove that you are fully vaccinated, you must be able to show:

• COVID-19 digital certificate - in your Express Plus Medicare app.
• COVID-19 digital certificate - in your Medicare online account through myGov.
• COVID-19 digital certificate - in your Android Wallet, or iOS Wallet.
• Printed copy of your COVID-19 digital certificate.
• Immunisation history statement - shown digitally.
• Printed copy of your immunisation history statement.

To prove that you have a medical exemption, you must be able to show:

• COVID-19 medical clearance notice - digitally or as a printed copy
• COVID-19 medical exemption form - printed copy must be signed by a doctor
• Immunisation history statement - medical exemption

For more information, see https://www.nsw.gov.au/sites/default/files/2021-10/covid-19-%20proof-of-vaccination-or-exemption.pdf

Individuals failing to comply with this requirement can face fines up to $1,000, and businesses can face fines up to $5,000.

Unless there is a change in the government restrictions, it will be a condition of entry for face-to-face appointments, including notary public services, that you are able to prove that you are fully vaccinated.

Taking appointments from 11 October 2021

Finally, reopening for business

It was announced earlier today that New South Wales has achieved its first milestone of 70% double vaccinations! This means restrictions will be eased for business, especially in relation to those people who have been fully vaccinated. This includes us!

From Monday, 11 October 2021, we will be reopening for business and available to take appointments from people who are fully vaccinated (or medically exempt). Our revised policies and procedures are being implemented and so if you need to have your documents notarised, please call ahead to make an appointment.

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.

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/.

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.

Will we be reopening on 11 October 2021?

Depends.

11 October 2021 is not a set date. It's being proposed as the date on which NSW business can start to reopen, however, it's subject to meeting specific milestones within the 'Reopening NSW Roadmap'.

The current roadmap allows NSW businesses to start to reopen once 70% of the population has been double vaccinated with further restrictions being lifted once 80% of the population has been double vaccinated. The end goal is for NSW to be fully reopened by 1 December 2021, but that's also subject to the prior milestones being met 

At this stage, we are advising clients that if they require face-to-face appointments, they must call back on 11 October 2021 to determine if we have/will re-open and what our re-opening policies and procedures will be moving forward. At this stage, in compliance with the roadmap, face-to-face appointments will ONLY be available for people who have been double vaccinated.

Even if/when NSW has fully reopened by 1 December 2021, we expect that many of the health and safety protocols that we've introduced throughout the pandemic (on our own or in compliance with COVIDSafe, like wearing masks) will continue to be enforced at least for the time being and until further notice.

When are face-to-face appointments not required?

Notary public services don't always require face-to-face appointments. So if you're not vaccinated, or you're not comfortable visiting us (for whatever reason, including self=isolation) we can still help you as long as you're not signing a document and need us to witness your signature or you don't need us to verify your identity.

For example, if you need to attest copies of your passport or copies of your Australian documents (ie, birth certificate, marriage certificate, address proof, utility bills, bank statements, education documents, employment documents), we can still help you without needing to have a face-to-face appointment. In these cases, we attest the copy of the document - we're not identifying you or witnessing your signature - which means all we need is the original document that needs to be attested.

Throughout these restrictions, we've still been helping people with this requirement, but it's involved them either sending the documents to us by mail or our office arranging for a courier to collect the documents from them. If the documents in question cannot be replaced easily (ie, like a passport) then we recommend that we arrange for a courier. Otherwise, other documents can be sent to us by mail.

If you're not sure whether you need notary public services that require a face-to-face appointment in our office or can be done remotely, please call us on (02) 9687 8885 to discuss your requirements.

Double Vaccinations - Will it be necessary?

It's a good question. Subject to government announcements it may be necessary for all clients who intend to visit our office to have completed their 'double vaccinations'. However, if it's left to businesses to decide, honestly - we haven't reached a decision... yet.

We acknowledge that vaccination doesn't mean immunity. It also doesn't mean that someone who has been double vaccinated wouldn't be sick or infectious or pose the same risk as someone who hasn't been vaccinated. Ultimately, our eventual policy decision (whatever that may be) will reflect whatever the government announces and whatever we determine is in the best interest of our team and our clients with their health and safety as our paramount concern.

So far we have warned everyone who has made enquiries with us that double vaccination may be a requirement for any face-to-face appointments, which means that if they need to have documents witnessed or their identity verified, they may need to prepare themselves accordingly.

Leaving aside the requirement of vaccination (which is to be determined before we eventually re-open), we'll continue to require COVID Safe check-in, and observe social distancing and safe workplace practices. We thank you for your patience, understanding and cooperation.

Spring 2021 - Plan Ahead for when Sydney reopens for business

It's 1 September 2021 - the first day of Spring. If you've been paying attention to the news, you'd know that the NSW Government has been hinting at a move towards lifting the current restrictions and allowing businesses to reopen. For all our clients who have been waiting patiently, thank you.

As soon as the restrictions have been lifted, we plan to reopen with revised processes and procedures to align ourselves with a post-vaccination society. This means, subject to government announcements or directions regarding the requirement for vaccinations, we'll be ensuring that all of our staff who are present in our office have been fully vaccinated and all clients who must visit our office are also fully vaccinated.

What's so important about vaccination?

The lack of immunity and the associated fear is largely what's driven the pandemic panic in Australia. Unlike what people have experienced overseas, we haven't had mass infections or deaths as a result of the coronavirus. Perhaps that's why there have been pockets of ambivalence within our community, much to our own risk. Despite the relatively low numbers in Australia, taking these steps (any or all of these steps) to prevent the global pandemic from becoming a true Australian epidemic is necessary.

We're sure that for all the people who have passed away due to COVID-19 all over the world, especially pre-vaccination, they had no chance or choice. In that sense, we're fortunate that there's now a vaccine available and if those people had a choice, do you think they would have taken it knowing that the alternative was almost certain death? Sadly, we know people who have died from the coronavirus and many of our clients (especially with family in India) have suffered the loss of a loved one from it as well. Perhaps if you know someone, it also puts it into context for you to make your own decision about vaccination.

Let's be clear though, this position certainly doesn't make us "pro-vax" and we certainly wouldn't be labeling anyone who disagrees as "anti-vax". Right now, we're just assessing the current situation for what it is with a view to formulating a clear position and a path to move forward. That's how we can best help everyone else around us make their own decision and plan ahead as well.

Doing our bit

We acknowledge that vaccination doesn't actually mean immunity, but it does give the community a fighting chance against infection or possibly spreading it. Of course, being fully vaccinated doesn't stop us from following other practices like social distancing, wearing masks, or disinfecting the office - it just helps.

Our office policy to ensure that all of our staff have been fully vaccinated is not only in their best interest, but yours too - and it doesn't just end there. It protects us and our family, them and their family, and you and your family or anyone who just so happens to come into contact with any of us along the way. The last thing we would want is for your visit to our office to have long-lasting serious health consequences for anyone.

Of course, if you choose not to vaccinate, that's your own decision as well and we don't specifically have a problem with that either - that's your own choice. It just means that with the way things are going, we might not be able to help you if the services that you need also require you to be physically present in our office. That's not just for your own safety, but also for our own and our staff (and all our families etc - anyway, you get the point). If the services that you need don't require you to be physically present in our office, then it doesn't really matter whether you're vaccinated or not. Many of our services can still be done online, as we've pointed out several times in this blog. Services such as certifying or verifying and certifying certain documents can still happen without you coming to the office, but if you need us to witness you sign a document or you need us to verify your identity, then this would require you to be physically present in our office and therefore, vaccinated.

Get ready

So while it hasn't been confirmed as yet and as mentioned we're waiting on the next round of state and federal government announcements on the matter, we're just asking everyone who plans on visiting us for notary public services once the restrictions have been lifted, to prepare themselves accordingly. As you may know, the vaccination process from the first dose to the second dose does take a few weeks and so it would be necessary to plan that in advance to ensure that you're fully vaccinated by the time Sydney is open for business. Even if the government (or we) do not impose mandatory vaccination, isn't it in your best interest anyway? Just something to consider.

Another week, increasing infections and the possible extension to restrictions in Sydney

If you're to ask us whether the restrictions will be lifted on 28 August 2021 as previously announced by the NSW Government, we'll honestly tell you that we don't think they will be (or should be) considering the increasing number of reported cases of infection.

Basically, this means we must be prepared for the current arrangement to continue.

No witnessing

At the moment, we have suspended our witnessing services simply because you cannot come to our office. Witnessing requires you to be here, in person, and physically sign your document in our presence. We must see you sign and we must identify you before we can also sign as your witness and notarise or attest your document to confirm that it was signed by you and that we witnessed you sign. That's a pretty simple exercise under normal circumstances, but not possible with the current restrictions.

Alternatives to physical signing and witnessing

If you're looking for an alternative to a face-to-face appointment, you need to speak to your lawyer overseas to see whether they'll accept your document being signed in any other way (ie, digital signatures) without it being notarised in Australia. Otherwise, we can't offer an alternative to the traditional process of signing, witnessing and notarising.

In New South Wales, and for documents used here (in NSW and potentially in other parts of Australia), the NSW government introduced legislation that recognises electronic signing and electronic witnessing of documents. This legislation was introduced last year (2020) and has been extended to deal with the current situation. However, this applies to documents used here only. It doesn't apply to notary public services and doesn't apply to documents intended to be used in India. For the requirements of your document to be used in India, you need to ask your lawyer in India as it must comply with the laws in India (and for each specific state etc) not New South Wales.

For all other documents not requiring witnessing...

For all other documents not requiring witnessing, such as certifying or attesting copies of documents, these notary public services are still continuing as they have been over the last few weeks.

If you need a certified copy of your document to be attested or notarised (ie, passports or Australian birth certificates etc), we can:

• Arrange for a same-day courier to collect your original documents from you and deliver them to our office
• Copy your original documents and notarise them
• Arrange for a same-day courier to return your original documents and notarised copies to you

This service will continue even after the restrictions have been lifted for clients who wish to take advantage of this service to avoid the time, hassle and potential risks of visiting our office during the pandemic.

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.

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.

Declaring that you're the one and the same person

How do you prove that you're the one and the same person?

There are various reasons why you need to be able to prove that you're the one and the same person, especially when it comes to dealing with VFS. In this article, we address the two main requests that we receive from clients - namely, Form J and the IDLV process.

Form J - Statutory Declaration for Change of Appearance

For some people, they've changed their appearance and therefore VFS requires them to file Form J. For example, if you've grown/cut your hair, if you previously wore a turban, if you were a child but now are an adult, or you've had an accident or surgery that changes your appearance.

Previously, Form J could be signed in front of a justice of the peace however, after recent changes (in 2020) that's no longer the case. Even though the form hasn't changed and it still refers to a justice of the peace, if you live in New South Wales, you must declare and sign this form in front of a notary public. The notary public must notarise your form before you can submit it to VFS. If you're not sure about what to do with the form or how it should be signed, please visit the VFS website or contact them for more information.

We assist many clients by taking their declaration (that they have changed their appearance), witnessing them sign the form and notarising the form. Unfortunately (as of August 2021) we've had to suspend this service due to the current restrictions and stay-at-home orders from the NSW Government, but as soon as these restrictions have been lifted we intend to resume these services.

IDLV - Indian Drivers Licence Verification

If you want to convert your Indian drivers licence to a NSW drivers licence and you want to have your past driving history recognised here (so that you don't have to start again with a learners licence), you may need to follow the IDLV process from VFS.

If your name on your passport and your Indian drivers licence aren't identical, your application must also include an affidavit declaring that you're the one and the same person which needs to be signed in front of a notary public and include an apostille stamp from the Department of Foreign Affairs and Trade (DFAT). Again, this is a process that we assist many clients with because there's always been a requirement for notarisation.

If you need help with this process, then as part of our IDLV service offering, we prepare:

• the IDLV affidavit in which you declare that you're the one and the same person
• a notary certificate in which we declare that you appear to be the one and the same person, and
• certified and notarised copies of your Indian passport and Indian drivers licence.

After your documents have been notarised and bound together, we then arrange for the apostille stamp from DFAT. As Australia and India are both members of the Apostille Convention, the apostille stamp is the formal recognition between both countries that the document has been properly notarised and will be accepted by the other without any additional authentication or legalisation.

Again, unfortunately, due to the current restrictions and stay-at-home orders from the NSW Government, we've also had to suspend these services until these restrictions have been lifted. If you're intending to submit the IDLV application to VFS, there are other things that you'll still need to do and prepare for before we can assist you. so please review the checklist first.

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.

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.

No face-to-face appointments until the restrictions have been lifted

Like everyone else, we're also affected by the restrictions that have been imposed across Sydney. Since the end of June, we have suspended a large portion of our notary public services that require face-to-face appointments. We know it's an inconvenience to many of our clients, especially those who have urgent matters that require documents to be signed, witnessed, and notarised - but we don't make this decision lightly as it also comes at a substantial financial cost to us.

While we appreciate the continued interest and support from people enquiring with our office for assistance, we are also saddened and disappointed at the level of anger and argument that has been directed at us for complying with the current restrictions and 'stay-at-home' orders. To those people, just because we can't help you right now, we're not the cause of your problem or the reason for your predicament. Stop blaming us.

Many clients continue to benefit from our service IF they don't require face-to-face appointments. In those cases, they've accepted our offer to arrange for couriers to collect and deliver their important documents. However, for everyone else especially those who need face-to-face appointments, we apologise. We cannot assist you until the restrictions have been lifted.

The current restrictions are difficult for everyone. We understand. We also ask for understanding in return.

Same-Day Courier and Notary Public Services for clients across Sydney

Finding practical solutions during the restrictions in Sydney

The current restrictions and 'stay at home' orders in Greater Sydney will continue for the remainder of the month. This means that for many people who thought they could wait until our office reopens will now have to consider other alternatives to notarise their documents. Our office will remain closed to the public for face-to-face appointments until the restrictions have been lifted after 28 August 2021 (unless extended).

Despite being closed to the public for face-to-face appointments, we have continued to provide notary public services to the Indian community in a limited capacity.

No witnessing

Due to the restrictions, we aren't able to offer witnessing services. Witnessing services requires you to visit our office in person which you cannot do because of the 'stay at home' orders. Accordingly, this means we cannot notarise documents such as the general power of attorney, special power of attorney or other forms and declarations. You need to sign these documents in person and in our office, and so you'll have to wait until the restrictions have been lifted and our office reopens.

Certifying and attesting copies of document continuing

As for documents that don't require witnessing, we can still assist by notarising those depending on what you require. For example, we're still attesting, certifying and notarising copies of original public documents like passports, Australian birth certificates, Australian marriage certificates or Australian drivers licences. In all cases, this requires us to have the original document and that's where we engage same-day courier services to collect the original document from you and return it to you (with the notarised copies) once it's been completed.

Same day courier service

Some of you have already taken up our offer of including same-day courier services with our notary public services and, despite the occasional hiccup, we think it's working well. Those who have taken advantage of this service have benefited from having their documents notarised and returned to them with minimal hassle and fuss. Although it's more expensive than just notarisation, there are certainly benefits of using the same-day courier as it avoids the effort, time and expense of travelling to our office and that's a blessing that some people can appreciate.

Of course, we admit not everything is perfect and there have been some challenges in using a courier service especially during these restrictions. But please understand that the courier services are actually under higher demand than usual since many people are complying with the 'stay at home' orders and are now relying on these courier services as well.

So if you're in urgent need of notary public services, and you need copies of original documents (such as passports, drivers licences, VEVO/Visa documents) to be attested, certified and notarised, then this is the only available solution at this time.

... or wait

For everyone else, there's still the option of waiting until after the restrictions have been lifted. Assuming the situation in Sydney improves, then we expect the restrictions should be lifted by the end of August 2021. However, please don't ask us when the restrictions will be lifted. We know as much as you know and that's all dependent on government announcements. If you're able to wait, then wait. We'll still be offering notary public services and we can attend to your requirements at that time, otherwise if you urgently need to have your documents certified, attested and notarised and you want to do it now - please take advantage of our current service offering including the same-day courier service.

Attesting copies of your passport (and other documents) during the lockdown

Notary public services continue for some documents

At the moment our office is closed to the public due to the restrictions and the current stay-at-home orders in place across Greater Sydney. However, as a leading provider of notary public services in Sydney that hasn't stopped us from continuing to offer notary public services in support of the Indian community with respect to certain documents.

While we can't provide witnessing services (ie, for the power of attorney or declarations or affidavits) right now, we can still attest, certify and notarise copies of original documents such as:

• passports (Australian and foreign passports)
• Australian visas (VEVO)
• Australian birth certificates
• Australian marriage certificates
• Australian death certificates
• Australian police clearance certificates
• Australian drivers licences, and
• Australian utility bills.

If you're in urgent need of these services, then please review the following steps to see which relates to you. You can always call us on 02 9687 8885 if you have any questions about whether we're able to assist you and you can always choose to wait until the restrictions have been lifted to make an appointment with our office.

Attesting copies of original passports

Original passports should be delivered to us by courier. You can attempt to post it to us, however considering that items often are lost in the mail, we don't recommend this method.

A courier service is generally a door-to-door service. If you have any trouble arranging your own courier, we can arrange for a courier to collect your documents from you. The courier service that we use is generally a same-day service across Sydney, which sometimes means we can arrange for a collection in the morning and a return delivery by the afternoon (or the following business day at the latest).

Many of our clients have already elected to use service to great success and satisfaction, and so it's already a proven process during these past few weeks.

Attesting copies of Australian visas (VEVO)

As the VEVO is an electronic document, we can verify and notarise a copy of your VEVO without a physical document. In order to notarise your VEVO, we must verify your visa status and obtain a copy of your VEVO from the Department of Home Affairs. This allows us to confirm the details of your visa and we notarise a true and correct printed copy of the electronic document (ie, your VEVO) that we obtain from the Department of Home Affairs.

In most cases (because we offer discount pricing), we notarise a copy of your VEVO with a copy of your passport which also means that you'll need to provide us with your original passport as well (see above). However, if you prefer to avoid the logistics of sending your passport, we can notarise the VEVO by itself.

Once we have notarised your VEVO (and your passport), we arrange for a same-day courier to return the notarised documents (with any original documents) to you.

Attesting copies of Australian personal certificates

Birth certificates, marriage certificates, and death certificates issued in Australia (or for this specifically, issued from NSW) are issued by the Registry of Births Deaths and Marriages.

You must either arrange for these documents to be issued by the Registry directly to our office or if you have the original you can either post them or have them delivered to us by a courier. As these certificates can generally be easy to replace (ie, it's just an application to the Registry) we think using the post should be sufficient and it's unnecessary to incur the additional cost of a courier unless you wish to have the possibility of a same-day service or you have other documents, such as your passport.

After we've notarised copies of your certificates, we're able to return the original certificate and the notarised copy to you by same-day courier.

Attesting copies of Australian police clearance certificates

Police certificates issued by the Australian Federal Police (AFP) or the NSW Police can also be sent to us by mail or by courier. We require the original certificate as it contains security features which is important for the purposes of verifying that the document is original and authentic.

If you've obtained your certificate from an authorised accredited body, we can generally verify these certificates online through the relevant website as they're normally issued electronically. If you're not sure whether you can rely on a certificate from an authorised accredited body, we recommend applying for your police clearance certificate from the AFP or NSW Police.

Once we've notarised your police clearance certificate, we'll arrange for it to be returned to you by same-day courier.

Attesting copies of Australian drivers licences

We cannot notarise copies of your digital drivers licence. This means that if you want copies of your drivers licence to be notarised, you must arrange for your original drivers licence to be delivered to us.

We recommend using a courier service to deliver your drivers licence to us rather than sending it to us by post. Once we receive your drivers licence, we're able to notarise a copy of it and return both the notarised copy and the original licence to you by same day courier.

We're unable to notarise copies of an overseas drivers licence UNLESS it's part of our Indian Drivers Licence Verification (IDLV) service. For the time being, due to the current restrictions, we've suspended our IDLV service as it also requires you to attend our office in person to verify your identity and to sign the IDLV affidavit.

Attesting copies of Australian utility bills

If you're attempting to provide evidence of your current address (ie, to VFS) by supplying a copy of your utility bill, it's likely that your utility bill must be notarised. As most utility providers now issue their bills and statements electronically, you must to arrange for your provider to email a copy of your bill to us directly.

Once we receive your bill from your provider, we're able to verify and certify the bill by confirming that it was received directly from your provider. We can then notarise your utility bill on that basis. After we've notarised your utility bill, we'll arrange to have it returned to you by same-day courier which means this  process can be completed quite quickly.

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.

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.

Surviving the lockdown when you need to get things done

Thank you to everyone who has asked about our notary public services. We appreciate your interest and consideration, however as we would have mentioned to you over the phone or by reply email - our office remains closed to the public while the current restrictions and 'stay at home' orders are in place. Stay tuned to government announcements in case the restrictions are extended.

Of course, we understand that some people have very urgent matters that they need to attend to overseas and that delays can be costly. We wish we could help. Our notary public services rely heavily on face-to-face appointments and so the current situation is not ideal for us either.

We will continue to review this situation as it unfolds and in light of government announcements. Further updates will be announced in due course.

What can we notarise during the restrictions in Greater Sydney? (July 2021 update)

We are currently closed for face-to-face appointments

Thanks for your continued interest in our services and our support. Unfortunately, due to the extended restrictions across Greater Sydney, our office is still closed to face-to-face appointments until further notice.

What does this mean?

We're still providing legal and notary public services, however, they're limited to services that don't require face-to-face appointments. These services include:

• Attesting or certifying copies of documents. Generally, this still means that you must arrange for the original document to be delivered to our office*. We do NOT recommend posting important original documents like passports but if it's urgent and absolutely necessary, then you should arrange for your document to be couriered to our office. Once notarised, our office will arrange for a return courier to ensure that your original documents and notarised copies are returned to you safely and securely.
• Verifying documents. If you have certain electronic documents that must be verified (such as Australian visa documents (ie, VEVO), Australian educational documents, Australian medical documents, Australian employment documents), these documents can be verified (before being notarised) with whoever issued the documents. Alternatively, if these documents are not electronic documents and there are only original documents, then the same applies as attesting and certifying. We require the original documents to be delivered to our office* before we can contact whoever issued the documents to verify them.

*If you personally deliver original documents to our office, you may be subject to a fine for breaching the current 'stay-at-home' orders. Any documents must be able to be slipped under our door as our office will NOT receive you or open the door for you when you arrive.

Accordingly, we can only recommend that you arrange for your document to be sent by courier (or if you are not concerned that the document could be lost, arrange for it to be posted) otherwise we suggest waiting until the restrictions have been lifted.

Importantly, during the current restrictions, we are not providing services that require a face-to-face appointment, mainly this refers to services that include witnessing. This means we cannot notarise documents such as:

• Power of attorney, both general power of attorney and special power of attorney.
• Declarations and affidavits (including the Indian Drivers Licence Verification)
• Passport renewal forms such as Form V, Form I, or Form J
• Australian visa renewal such as Form 1229
• Life certificates
• Court documents

For this service or for any of these documents that require witnessing or a face-to-face appointment, you must wait until the restrictions have been lifted before calling our office to make an appointment.

Update

Restrictions for Greater Sydney have now been extended to 30 July 2021.

Do you offer discounts for notary fees?

Notary public fees

The NSW Government publishes recommended notary fees for notary public services, however, notaries are not required to follow this scale and can charge whatever they want - or whatever the market is willing to support.

The reality is that notary public services can be expensive because only senior lawyers who have qualified to be a notary public (and admitted as a notary public) can practice as a notary public. Accordingly, when seeking notary public services, you are also asking for assistance from a senior lawyer.

We don't strictly follow the recommended notary fees, which can be complicated and confusing, rather we apply our own discounted fixed fee rate for all of our notary public services. In that way, everyone already receives a discounted fixed fee, cheaper than what they would pay elsewhere. To obtain a quote, please visit our website for more information (see below).

No, notary public services are not free

Perhaps you are confusing a notary public for a justice of the peace. A justice of the peace is a free service. A notary public is not a free service.

If you need to use your documents in Australia, then generally you should be able to use a justice of the peace to attest your documents or to witness your signature. However, if you need to submit your documents to VFS or you need to send your documents to India (or any other country overseas) then likely you would need to have your documents notarised by a notary public.

If you're not sure whether your documents must be notarised by a notary public, then you should ask whoever has asked you to have your documents attested in Australia whether you can have them attested by a justice of the peace. If they accept a justice of the peace, then presumably you don't need to have your documents attested by a notary public.

If your documents must also be authenticated by the Department of Foreign Affairs and Trade or stamped with an apostille (especially if your documents are being used in India or need to be submitted to VFS), then your documents must be notarised by a notary public, they cannot be attested by a justice of the peace.

Why do people think that notary public services are free? 

This is a little confusing. Notary public services around the world are not free, so why do people think that notary public services in Australia would be free? Of course, you may still find notaries who are willing to provide free services - but this would be an exception rather than the general expectation. As mentioned above, perhaps people are confusing notary public services with services of a justice of the peace.

While a notary public and a justice of the peace are titles of roles that come with responsibilities and obligations, many people use the words as though they are verbs.

For example, people ask "can you notary this document?" or "can you justice of the peace this copy?"

That's like asking "can you firefighter this fire?" or "can you policeman this criminal?"

Although it actually doesn't make sense, we still need to understand what people are asking and what they actually need. There are so many people who call us and just say "I want to notary", which we interpret as meaning they require notary public services.

Also, just because we provide notary public services, we are not a justice of the peace and therefore we do not provide services of a justice of the peace. Again, these are just titles of roles that people have for the services that they provide and they are not randomly interchangeable just because someone wants a 'free' service and not a paid service. This means that as a notary public we don't just "JP" a document or "just sign it but don't notary it". Again, that doesn't actually make any sense.

We are a notary public service. As a notary public service we provide notary public services. This means that we notarise documents and notarisation means we sign and seal documents.

Are you the cheapest?

Why is this one of our most commonly asked questions? Sure no one wants to pay more than what they should, but our fee is already low and it's fixed. A lot of other notary public services don't offer this kind of low-cost fixed fee service. If you want to continue to shop around, that's your choice. Everyone's entitled to look for a service provider that's within their budget or price range. We certainly don't guarantee that we're the cheapest, but we're certainly not the most expensive either. But to ask us if we're the cheapest isn't going to help. You'll have to do your own research because we don't promote 'cheap' and we don't promise that we're the cheapest either.

Do you offer further discounts?

We might offer further discounts on certain fees or combinations of documents, especially those required by clients wanting to send their documents to India. However, these discounts are only applied to specific bundles of documents that are notarised together or to multiple documents that need to be notarised exceeding a specific amount (ie, 10+). Discounts aren't applied arbitrarily or just because someone asks.

Many people think that discounts should be applied subjectively and possibly arbitrarily just because they ask. Some even think they're entitled to a discount and they demand a discount.

This is NOT how we operate especially since it's inherently unfair to others. For example, if you ask and are given a discount, but someone else doesn't ask and they aren't given a discount, is that fair? If that doesn't help, how about if someone else received a discount but you don't - for now real reason. Is that fair? Unfortunately, many people seem to think that they're entitled to a discount while totally disregarding what everyone else pays for our services. Why should they be entitled to a discount or why they should pay less than everyone else? Our pricing policy ensures that everyone pays the same fee so that it's fair for everyone.

What do you really want?

So many people want so many things. They want attention now. They want the best service. They want to pay the lowest price. They want the fastest turnaround. They want the closest location. If you can find a notary public who can tick all the boxes, then you're fortunate. But if that's not possible, then you'll need to start to consider what's most important to you. It's about understanding your own priorities.

There's no point calling us for an appointment, but complaining that the price is too high. If the price is too high, then look for someone who is cheaper. There's no point telling us that no one else who is cheaper is available to see you now or that they're further away. We can help you, but you need to choose us to help you. 

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.

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/.

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.

COVID-19 Update - Restrictions in Sydney

Due to the NSW Government announcement and 'stay at home' orders, our office will be closing for face-to-face notary public services until further notice (until restrictions have been lifted).

This means we are unable to assist you if you need to have your signature witnessed or your identity verified (as this requires you to be physically present in our office).

If you have documents that must be certified (ie, copies of passports), we can still assist provided you are able to arrange to have your original passport delivered to our office for certification. Our office will not be receiving documents personally from any individual and so original documents must be slipped under our office door or delivered to us by courier (preferably not by post). 

If you have electronic documents that must be attested (ie, VEVO, employment documents, education documents), you can arrange for these documents to be sent to us directly by the issuing organisation for attestation. 

All documents (ie, notarised documents and originals documents, if any) will only be returned to you by same-day courier unless you wish to wait until the restrictions have been lifted in order to collect them from our office.

Please be aware that we are not considered an essential service and therefore if you insist on visiting our office, you risk a fine for breaching existing orders and we will not receive you at our office.

Attesting and notarising copies of Passports for Police Clearance Certificates

Applying for Police Clearance Certificates?

Applying for police clearance certificates requires a number of attested/notarised documents. For example:

• If your appearance has changed, you must submit Form J which has been notarised after you have signed it in front of a notary public. Form J is available for download from the VFS website (https://www.vfsglobal.com/india/australia/passport_service/pdf/Form-J.pdf). Witnessing you sign Form J means you must make an appointment to attend our office in person and sign the form in our presence. We then confirm that you are the person who signed the form and we witness your signature and notarise the form.
• If you are a foreign national, you must submit a notarised copy of your passport. You must arrange for your original passport to be presented to us. We will make a copy and notarise that copy certifying that it is a true and correct copy of the original passport.
• We also understand that some Indian nationals who do not wish to submit their original Indian passport can also submit a notarised copy of their Indian passport instead of the original.

We provide low cost fixed fee services to attest and notarise a copy of your passport. Check out our recent Google Reviews to see what others have to say about us. https://g.page/phanglegal?share

For more information about applying for the police clearance certificate from VFS, please visit their website and the relevant checklist found on their website (https://www.vfsglobal.com/india/australia/passport_service/pdf/checklist-for-pcc-updated.pdf)

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.

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.

Australian Visa Labels in Indian Passports

What happened to Australian visa labels?

Since 1 September 2015, Australia stopped issuing physical visa labels in foreign passports as proof of a person's Australian visa and moved to an electronic visa system. All Australian visas can now be checked or accessed through the Visa Entitlement Verification Online system (VEVO) maintained by the Department of Home Affairs on behalf of the Australian Government.

VEVO allows visa holders, employers, education providers and other organisations to check visa details and conditions online and it provides up to date and accurate information.

When clients ask us to notarise their visas, this generally means we notarise a copy of their visa as provided by VEVO and after verifying it online with VEVO.

Do I need to notarise my visa through VEVO for VFS?

According to several VFS checklists, you may be required to provide a copy of your passport. For example, for issuing a passport for a minor (under 18 years old), one of the requirements is to provide:

Attach copies of passports of both the parents (First, Last & Visa page- Attested by JP or Notary).

(NSW residents kindly submit documents attested by a Notary Public only, list of NSW notaries available at: https://notarynsw.org.au/find-a-notary)

Not only do you need to provide a copy, but it would need to also be attested. If you live in New South Wales, then your passport must be attested by a notary public - and this is why we receive so many enquiries for this service, but it's not as straight forward as it appears.

What does it mean by "First, Last & Visa page"?

For most passports, regardless of country, the 'first page' is generally a reference to the biographical or details page of the passport holder. This is the page that contains the photograph of the passport holder, their name, date of birth, place of birth, date of issue and expiry etc. Information contained on this page, including the photograph of the passport holder, is the most important information which identifies the passport holder. It would not matter where your passport was issued from, if you need to provide a copy of your passport then it would always include the first page.

In some passports, the 'last page' sometimes has additional information like signatures, emergency contact details, or addresses. In other passports, there is no information because that additional information appears on the second or third page following the biographical page. In the Australian passport, the last page has very little beneficial information (ie, it allows the passport holder to write their address - suggested to be written in pencil so that it can be changed). However, in the Indian passport. the last page contains official information such as the passport holder's father's name, mother's name and addresses. Accordingly, if you have an Australian passport or any other foreign passport that has little to no information on the last page, there would be little to no reason to provide a copy of the last page. If you have an Indian passport, then it would be very important to provide a copy of the last page.

The 'Visa page' contains stamps from various countries confirming visas - however, as discussed, Australia no longer provides visa stamps in foreign passports. Occasionally, depending on how the passport holder enters Australia, there may have been entry or exit stamps, but these are not visa stamps or labels. Without original visa stamps or labels, if you are carrying a foreign passport in Australia, then you do not have a visa page for Australia - and there is where much of the confusion arises when our clients attempt to interpret the requirements outlined in the VFS checklist.

If I do not have a Visa page in my passport, do I provide a copy of my VEVO?

Due to the VFS checklist and the requirement to provide a notarised copy of their passport visa page, many clients also ask us to notarise a copy of their VEVO to confirm their visa status in Australia. However, it is questionable whether this is actually required. Read on.

In our experience, an increasing number of clients have started to 'ignore' this requirement in the VFS checklist, or at least acknowledge that it is not relevant since there is no visa page in their passport. Some clients have unsuccessfully tried to contact VFS for clarification and given up only to rely on their own interpretation, while other clients have managed to speak to someone at VFS and they have been told (as they have reported to us) that the visa page is not required in Australia - and that makes sense.

It is possible that the VFS checklist was based on a generic document that has been applied across different jurisdictions/countries, and the requirements contained in the checklist may not have been properly adapted to address the electronic visa system in Australia. For example, not every passport will have a last page or a last page with important information and not every passport will have a visa page with stamps or labels. If these pages do not exist in your passport, then how can you provide them? Naturally, most people will tend to be cautious and want to provide more information than less information - but that also potentially increases the cost as well as the time and inconvenience when it could just as easily be avoided.

Final words

If you are concerned about the process or the requirements outlined in any VFS checklist (especially the cost of having your VEVO notarised or any other requirement associated with having your documents notarised), you should always check with VFS first. As they are notoriously difficult to connect with, we also encourage you to plan ahead and attempt to sort out these issues well before you actually need to action your request.

Unfortunately, we receive many enquiries from clients who need to have things sorted on the same day, and while we are able to accommodate more often than not, they remain confused and unsure about the process without enough time to check (meaning they probably spend more time and money or make things more complicated than what they need to be). A word of warning so that you do not get caught out in the same situation.

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.

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.