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/.

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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