Can I sign Form J in front of a Justice of the Peace?

If you live in New South Wales (and you intend to lodge Form J with the VFS office in Sydney), then you cannot sign Form J in front of a justice of the peace. As a NSW resident, Form J must be attested by a notary public. This means you must sign Form J in front of a notary public who will verify your identity and witness your signature.

Form J is required when you have changed your appearance. Sometimes you may have aged (ie, matured) especially if your previous passport photograph was taken when you were a child. Sometimes it's because you previously wore a turban but no longer wear a turban (or you previously didn't but now you do). For some, it's because they've changed their hairstyle or facial hair. Whatever the case may be, if you think you might look different now from what you do (or did before) in your passport photograph, then you may need to submit Form J with whatever other documents you intended to file with VFS.

As a leading provider of notary public services in Sydney, we help many clients with notarising Form J. If you also need help, you must make an appointment, bring your completed Form J with your photograph, and you must sign it in front of our notary public. Our notary public will verify your identity according to your photo identity (ie, passport or driver licence) and witness you sign Form J.

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.

FORM J - Statutory Declaration for Change of Appearance

Who requires FORM J?

Have you been asked by VFS to submit FORM J because your appearance has changed?

FORM J is a form to submit to VFS (on behalf of the Indian Consulate) to have your Indian passport issued to you while living in Australia. If you have changed your appearance ('considerably changed' as determined by VFS) then you must also submit FORM J which is a statutory declaration stating that you have changed your appearance.

If you're not sure what you need, perhaps review their checklist available on their website

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

What does it mean by 'considerably changed'?

There can be various circumstances when you would have to submit FORM J when renewing your Indian passport. The example provided by VFS includes if you previously wore a turban but have stopped wearing a turban (or vice-versa).

We have also seen instances when people have had to submit FORM J after they have cut their hair or shaved their beard. Also, if a previous passport was issued when you were a child but you have since matured and your look has changed, then you may also need to submit FORM J when renewing your passport.

What does FORM J contain?

The central element of FORM J is your photograph. You must include your current photograph and paste it into FORM J. The rest of FORM J is essentially a statutory declaration in which you declare that the photograph reflects your new appearance - assuming it is different from what it was before.

Where can I download FORM J?

FORM J is available from the VFS website. Currently, it can be found at:

https://www.vfsglobal.com/one-pager/india/australia/passport-services/English/pdf/Form-J.pdf

However, VFS often update their website from time to time (without including redirections) so if the above link doesn't work, then you'll just need to search it for the correct form (and checklist).

How can we help with FORM J?

If you live in New South Wales, then you must sign FORM J in front of a notary public. If you live in other states, presumably VFS will accept it being signed in front of a justice of the peace or other equally qualified/authorised witness.

As a leading provider of notary public services in Sydney, we assist many clients who must submit their FORM J to VFS to confirm their change of appearance. 

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 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.

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.

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.

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.

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

Justice of the Peace or a Notary Public for Form I

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

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

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

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

What next?

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

Acknowledgements

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

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

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

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

Ern Phang
Notary Public

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

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

FORM I - Issuing a new passport for children

Justice of the Peace or a Notary Public for Form I

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

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

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

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

What next?

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

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.

A free notary public in Sydney?

Where can you find a free notary public in Sydney?

For some reason - and this is not necessarily a blessing - many people seem to think that we provide free notary public services. We don't. It's simply them misunderstanding what Google or any other search engine is telling them.

Just because you search for the term "free notary public" or "notary public for free" does not guarantee that your search results will actually reflect the search terms. In many cases, despite using the keyword 'free', search engines will return searches that relate to 'fee' which means that 'free notary' can also result in 'notary fee'.

What about a justice of the peace?

If you're actually looking for free services to witness or certify documents, you're probably looking for a justice of the peace. The justice of the peace is an honorary community service role and their services are without charge (ie, free). However, the justice of the peace generally will only be recognised for documents used in Australia and not for use overseas.

If you need to sign something for use overseas or you need to certify your documents from Australia for use overseas, then you're probably going to need notary public services. This is especially important if your document must also be stamped with an apostille or authenticated by the Department of Foreign Affairs and Trade (and/or legalised by the foreign office of the intended destination country).

What about for documents going to India?

In most cases, documents that you need to sign or certify in Australia for use in India will need to be notarised by a notary public. Occasionally, you may be able to sign them or have them certified by a justice of the peace, however that's the exception and you're going to have to check it with your lawyer in India first. Some dealings with VFS specifically require you to have your documents notarised and sometimes you also need to have those documents stamped with an apostille from DFAT. All of these things involve the services of a notary public.

Paying for notary public services

There are recommended notary fees, but notaries may charge whatever they deem is appropriate. If you have something complicated, maybe the fees will be higher compared to something that is simple. Generally, a simple request like witnessing or certifying documents will attract a fixed nominal notary fee.

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

Why notarised?

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

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

What's an apostille?

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

Why only technically?

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

What about a justice of the peace?

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

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

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

Acknowledgements

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

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

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

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

Ern Phang
Notary Public

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

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

What's the difference between a public notary and a justice of the peace?

In Australia, the most important difference between a public notary and a justice of the peace is that a public notary is recognised overseas (ie, outside of Australia) while a justice of the peace is generally only recognised in Australia. The role of a public notary can be best described as an 'international justice of the peace'.

You are probably reading this page because you have a document that you need to send to India, and someone has asked for you to have it witnessed or certified by a public notary. In that case, signing it or having it certified by a justice of the peace may not be sufficient and will mean that your document may not be accepted in India.

Other important differences between a public notary and a justice of the peace are:

• A public notary will generally charge a fee for their services while a justice of the peace cannot.
• A public notary must be a lawyer, but not all lawyers are or must be notaries while a justice of the peace does not have to be a lawyer.
• There are more justices of the peace than public notaries and generally justices of the peace can be easily found and more available than public notaries.

In our experience, most documents which are signed, witnessed or originate from Australia and sent to India will need to be notarised by a public notary but occasionally we are advised that documents can also be certified by a justice of the peace. For example, if you are signing documents to apply for a loan from a bank, the bank will generally need you to sign your application or the special/general power of attorney in front of us so that we can notarise it but that copies of other supporting documents (ie, identification, payslips, utility bills) can be certified by a justice of the peace. This may not apply in all cases, so before you engage our services or approach a justice of the peace, you should confirm the specific requirements.

Documents intended for India make up the clear majority of our public notary services. Accordingly, we are proud to announce that we frequently assist the local Indian community in Sydney to ensure that their documents are notarised and legally valid in India and maintain some of the lowest and most competitive rates available in Sydney.

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.