One and the Same Person Declaration

By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.

Example: the situation

Pritam's university degree from India shows his name differently from his passport. He wants to rely on the degree for an assessment in Australia, and the mismatch is holding it up.

A name mismatch can affect your licence, your qualifications and more. Let's discuss declaring that you're the one and the same person.

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

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

  • Your name on your passport and your drivers licence is different. If you're attempting to convert your Indian Driver Licence to a driver licence in Australia, but your name on your Indian Passport and your name on your Indian Driver Licence are different, you must follow the IDLV process through VFS. As part of this process, we'll prepare the IDLV affidavit in which you declare that you're the one and the same person. We also provide a notary certificate stating that you're the one and the same person.
  • Your name on your passport and your name appearing on your education documents or qualifications are different. If you want to rely on your education document or qualifications for any purpose, but the name on your passport (or another form of primary identification) is different, you may need evidence that you're the one and the same person. Unless there are specific evidence requirements, you can sign a declaration stating that you're the one and the same person. We generally don't prepare this declaration for you, but we can witness your signature and notarise your declaration. If you want to know what to include in the declaration, you should ask the intended recipient whether they have a specific template or sample wording so that you can prepare your own declaration.

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

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

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

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

Example: the solution

Pritam signed a declaration in front of our notary public, stating that he is the person named in his passport and on his degree. Our notary public notarised it so he could submit it with his assessment.

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Parramatta NSW 2150

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About the author

Ern Phang, solicitor and notary public

Ern Phang — Solicitor & Notary Public

This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.

Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.

Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.

Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.

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