Can't contact DFAT or VFS?

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

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

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

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

Power of Attorney for India - Notarisation and Apostille

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

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

Who writes your power of attorney?

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

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

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

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

Does your power of attorney need an apostille?

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

Does your power of attorney need Indian Consulate attestation?

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

Acknowledgements

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

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

Ern Phang
Notary Public

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

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

Statutory Declaration for Change of Signature

Have you changed your signature?

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

What's a statutory declaration?

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

Who can witness a statutory declaration?

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

When does your statutory declaration need to be notarised?

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

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

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

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

What can we do for you?

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

Acknowledgements

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

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

Ern Phang
Notary Public

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

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

Do you really need to notarise a visa label page?

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

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

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

Notarisation

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

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

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

What next?

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

Acknowledgements

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

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

Ern Phang
Notary Public

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

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

Attesting a copy of your passport of Indian Police Clearance Certificate

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

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

How do you apply for the PCC from India?

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

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

Why do you need a PCC from India?

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

How do you attest a copy of your passport?

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

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

Can we attest a copy of your Indian passport?

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

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

What next?

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

Acknowledgements

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

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

Ern Phang
Notary Public

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

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

Statutory Declaration for Change of Signature

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

Statutory Declaration for Change of Signature templates

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

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

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

Instructions

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

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

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

What next?

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

Acknowledgements

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

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

Ern Phang
Notary Public

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

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

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.

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.

UPDATE - Affidavit for the Indian Drivers Licence Verification

What is the IDLV process?

If your name in your Indian drivers licence and your Indian passport is different, you will have problems when you want to convert your licence to an Australian licence and have your previous driving experience recognised in Australia. In addition to any other requirement in the IDLV Checklist, you must also have an affidavit signed by a public notary verifying that you are the one and the same person.

As a leading provider of notary public services in Sydney, we help many clients with the IDLV process and offer 2 option for our services.

• We prepare the notary certificate and the affidavit to verify that you are the one and the same person. You would then need to apply for your own apostille from the Department of Foreign Affairs and Trade (DFAT) before submitting your application with the notary certificate, affidavit and the apostille with the rest of the IDLV Checklist requirements to VFS.
• We prepare the notary certificate and the affidavit to verify that you are the one and the same person, AND we also obtain the apostille from DFAT so that you do not have to look after that part of the process yourself. You would still need to submit your application with the notary certificate, affidavit and the apostille with the rest of the IDLV Checklist requirements to VFS.

Aside from the notary certificate which provides our verification that you are the one and the same person, the affidavit that we prepare is also your declaration that the person referred to in your Indian passport and the person referred to in your Indian drivers licence is the one and the same person.

How should you write your IDLV affidavit?

Some clients choose to write their own IDLV affidavit. If you also intend to write your own IDLV affidavit, you must include all of the relevant information required by VFS. You can follow these few suggestions.

For example, your affidavit should contain the following information:

• Your name.
• The name that appears on your Indian passport. You can include your passport number.
• The name that appears on your Indian drivers licence. You can include your drivers licence number.
• A statement that you are the one and the same person.
• A statement that you declare/swear or affirm the contents of your affidavit.

After you have prepared your own affidavit, you must sign it in front of a public notary and have it notarised before you can apply for the apostille from DFAT.

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.

How do you write a declaration?

You've been asked to write a declaration but don't know how? Read on.

If you need to sign a declaration for India, it's always best for you to have your declaration prepared by your lawyer in India. This means that your declaration should be written properly according to the law and that it will be valid and accepted by whoever requires your declaration in India.

Sometimes, if your declaration is needed for some other legal purpose then your declaration may need to be some sort of statutory declaration to comply with and to satisfy specific legal requirements. Again, your lawyer in India would be the best person to advise you on the specific legal requirements and they should also prepare the declaration for you.

If you need to sign a declaration for VFS, you may find copies of the relevant forms or templates for the declarations that VFS use. Generally, the declarations for VFS are part of various applications and other documents that must be submitted to VFS. You should be able to obtain copies of the forms, templates or declarations from their website or by calling them directly.

If you're unable to determine what are the specific requirements for your declaration and you want to write your own declaration, here are a couple of tips and suggestions to consider. These tips and suggestions are for your information only and may not be relevant to your specific situation or requirements. You should always obtain advice from your lawyer in India if you need to send a declaration to India.

Tips and suggestions on what to include in your declaration

• Properly identify yourself. Since you are writing a declaration, you must clearly show who you are and you can do this by stating your full name according to your photograph identification document. Normally, this should be your passport but sometimes (depending on the purpose of your declaration) it could also be your PAN card, your Aadhar card or your visa/OCI. Other ways to identify yourself in addition to your full name can include stating your residential address, your relationship (ie, son of, daughter of or wife of) and maybe the identification number of the primary photograph identification that you intend to rely on.
• Clearly state the contents of your declaration in point form. The main purpose of the declaration is to communicate certain facts which you declare to be true. This means your declaration should be clear enough so that whoever has to read it and rely on it can also fully understand it (and what you're trying to say). Listing the contents of your declaration in point form is an easy way to separate different facts from each other to avoid confusion. Sometimes point form can be easier to read and understand than paragraphs of text. You may also want to list your point form in some sort of chronological/time order.
• Refer to the relevant statute or legislation if your document is a statutory declaration. You may need to discuss this with your lawyer in India, especially if you are expected to sign a statutory declaration (ie, that your document is valid in accordance with a specific law). Again, if you're not sure about what you should be writing here, then you should probably engage a lawyer to write it for you to avoid any problems. Declarations used in Australia generally follow the relevant state or Commonwealth legislation relating to oaths and other declarations. If you are using your declaration in India, you would have to check with your lawyer as to what kind of legislation is applicable and use the appropriate forms or templates relating to that legislation.
• Declare! Finally, a declaration must also be declared - sworn or affirmed - in front of a prescribed witness. This means if you're signing the declaration you're also declaring that the contents of your declaration are true and correct. If the contents aren't true (or you're not sure that they're true) then making a declaration or a false declaration can have other serious legal consequences. Accordingly, the declaration and signing in front of a prescribed witness are important. If you're sending the declaration to India (or sometimes to VFS) but you're signing your declaration in Australia, then the prescribed witness will generally need to be a public notary.

Other questions

• What does it mean by 'attested'? Attested simply means 'certified' which has no real meaning without context. It could mean that your document has been witnessed or that it has been certified in some way - what is required depends on your document and the intended use. Generally, attesting a declaration will mean having your declaration witnessed by a prescribed witness.
• Who is a 'prescibed witness'? Generally, a 'prescribed witness' refers to someone who is qualified to attest your document (ie, they can certify copies or they can witness signatures). In Australia, the list of prescribed witnesses will depend on whether you need to use the document for a state purpose or a Federal/Commonwealth purpose. In most cases, a justice of the peace, a lawyer or a public notary will be a prescribed witness.
• Can I sign my declaration in front of a Justice of the Peace? A justice of the peace is authorised to take oaths and witness signature for statutory declaration in New South Wales and in Australia. A justice of the peace is a prescribed witness for both the state statutory declaration and the Commonwealth statutory declaration. There are more categories of occupations that qualify as prescribed witnesses with the Commonwealth statutory declaration than with a state statutory declaration. However, if you're using your declaration overseas, a justice of the peace might not be acceptable and only a public notary will satisfy the requirements. Recently, some documents lodged with VFS have changed their requirements for NSW residents. What could be signed in front of a justice of the peace before will no longer be accepted and those documents will now need to be signed in front of a public notary. You may find that if the declaration is intended for India, some justice of the peace will not assist you but rather refer you to a public notary.
• If I can't find a Justice of the Peace, can I use a public notary? Yes, of course you can. If you can't find a Justice of the Peace to witness your declaration or certify your documents, you can have your declaration witnessed by a notary public or your documents certified by a notary public. However, you should remember that in most cases the services of a Justice of the Peace is free, but the notary public service will attract a fee.
• Does my declaration need to be notarised? Depending on where you will be using your declaration and depending on who requires the declaration, you may need to have your declaration witnessed and notarised by a notary public. A notary public is a prescribed witness for both the state statutory declaration and the commonwealth statutory declaration.
• What's the difference between an affidavit and a declaration? Both affidavits and declarations are sworn documents. Generally, affidavits are associated with court cases and the affidavits are used as a way to give evidence while declarations by nature are more general in purpose. Sometimes the name of the document is not as important as the contents.
• Do I need to print the declaration on any kind of special paper? Generally, no. If you're printing the declaration in Australia, you'll probably find that white A4 paper is the most readily available paper and that anything else could be hard to find. If you need to have the declaration printed on stamp or bonded paper, or green legal/foolscap paper, then you should probably consult your lawyer in India to prepare the declaration for you and send it to you.
• Do I need to have other witnesses or more than one witness? Generally, no. You should probably check with your lawyer in India though because some requirements may vary. In most cases, swearing and signing the declaration in front of the public notary or some other prescribed witness should be sufficient or otherwise satisfy the legal requirements in Australia and in India.
• Do I need to have my document stamped by the Indian High Commission? This really depends on who you're dealing with in India. It's quite common that lawyers in India will ask clients in Australia to have their documents 'notarised or attested by the Indian High Commission' without actually understanding the international law (both treaties and conventions) that enable documents to be valid, recognised and acceptable legally between Australia and India. Ultimately, you need to follow what your lawyer in India advises you and there are various VFS checklists that will help you through whatever process is necessary to have your document stamped by VFS.
• Do I need to print the declaration on any kind of special paper? Generally, no. If you're printing the declaration in Australia, you'll probably find that white A4 paper is the most readily available paper and that anything else could be hard to find. If you need to have the declaration printed on stamp or bonded paper, or green legal/foolscap paper, then you should probably consult your lawyer in India to prepare the declaration for you and send it to you.
• Do I need an apostille? You may need to check with your lawyer in India. Technically, documents signed in Australia to be used in India should be stamped with an apostille. Both Australia and India are signatories to the Apostille Convention and so both countries will recognise documents that have been stamped with an apostille as this is the most formal approach to mutual recognition of legal documents. Before your declaration can be stamped with an apostille, it will need to be notarised by a public notary first. Also, depending on what process you are following, if you need to have your document stamped by VFS, some of their requirements also include having your document notarised and/or stamped with an apostille as well. Just be aware that not all lawyers in India are familiar with the formal legal requirements of international treaties and conventions (like the Apostille Convention) and many clients are asked to just have their documents stamped by 'the Indian High Commission', which is basically VFS. If you have your document stamped with an apostille and you still want to have it stamped by VFS as well, VFS will ask you to sign a disclaimer to confirm that you are aware that VFS is not required once your document has been stamped with an apostille.

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.

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/.

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.