Australian Visa Labels in Indian Passports

What happened to Australian visa labels?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Final words

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

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

What next?

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

Acknowledgements

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

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

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

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

Ern Phang
Notary Public

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

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

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.

New pricing packages for attestation

Cheaper pricing packages for a limited time only

We've seen how the changes at VFS have caused a lot of problems for our clients and we're here to help. From 1 September, VFS has changed its requirements for documents attestation, especially for NSW residents. Previously, you could have your documents attested by a justice of the peace but that's now your documents must be attested by a notary public.

As a leading provider of notary public services, we've been helping the Indian community around Sydney with notarising their documents for use overseas as well as for submission to VFS. Now that more and more documents must be notarised or attested by a notary public before they can be sent to VFS, we appreciate that the cost of what used to be a free (JP) service is now more expensive. Accordingly, starting from 1 October we're going to be launching a number of 'discounted' packages to lower the cost of notarising documents. Stay tuned.

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.

IMPORTANT CHANGE: NSW Residents must notarise their documents for VFS

What's new?

Have you seen the latest change to the various checklists on the VFS website?

https://www.vfsglobal.com/india/australia/consular_miscellaneous/pdf/document-attestation-checklist-latest.pdf

Previously, when you submitted your documents to VFS, you had to have your documents certified or attested by a justice of the peace... but that's all changed.

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

This change only affects NSW residents, not residents in other states - is that a little unfair?

What does this mean?

The most important difference between using a justice of the peace and a notary public is the cost. A justice of the peace is a community service and available for free or without charge. A notary public is generally a senior lawyer and entitled to charge a fee for their service.

Fees charged by a notary public can vary even though there are recommended fees published by the government. Fortunately, after calling around and comparing prices, many of our clients acknowledge that our fees are lower than most other notaries and lower than the recommended fees. We also offer fixed fees, which we attempt to quote upfront so that it helps our clients budget without any surprises.

Availability of a notary public can also vary depending on where you are and when you need to engage them. For the most part, we make our services readily available during normal office hours with appointments available on short notice. Making an appointment is an easy process - just call.

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.

VFS Requirements (for IDLV) - We don't make the rules, we just provide the service

We don't make the rules

Many people have asked us about (complained to us about) VFS requirements for their various Indian consular services, including having documents notarised or stamped with an apostille.

Sorry, we don't make the rules. If you have any issues, concerns or complaints about the different requirements that VFS impose on their various Indian consular services, you really need to contact VFS - they make the rules, their own rules.

The bottom line is, if you want VFS to do something for you, then you need to follow their rules and satisfy their requirements. That's it - it's quite simple.

The VFS requirements are contained in their various checklists. If you need to attest a special power of attorney or general power of attorney, there's a specific checklist for that. If you need Indian Drivers Licence Verification, there's a specific checklist for that. If you need to issue a passport or you have damaged your passport and need a replacement, there are specific forms and checklists for them too.

No matter what you require from VFS in the form of Indian consular services, there's a corresponding checklist stating the requirements that you must satisfy in order to receive those services. 

IF the checklist says you need to have your documents attested by a notary public, then that's what we do. IF the checklist says you need to have your documents stamped with an apostille from the Department of Foreign Affairs and Trade, then that's something we can arrange for you as well.

But if you're not happy with the VFS requirements for whatever Indian consular services you require, there's nothing that we can do about it. We don't make the rules.

We just provide the service

As much as we can't change the system or re-write the rules to suit your preferences, we understand your predicament and try to help you where we can - especially when it comes to notarising documents or arranging for the apostille. Instead of complaining about the requirements, maybe the more constructive approach would be to find out what's required and then trying to satisfy those requirements. If you need help, then call us.

We provide notary public services. In most cases, this means we can witness you sign documents or we can certify copies of documents for submission to VFS. If you also need an apostille from the Department of Foreign Affairs and Trade, which is required by some consular services, then we can arrange all of that for you as well.

If you're frustrated about the process, we understand - but while we can't change the process, we can look after it for you so that you don't have to be bothered by it. That's the service that we provide.

Indian Drivers Licence Verification

For example, if you've been reading through our blog or read other articles that we've posted over the years, you'll see that we're very familiar with the process known as the Indian Drivers Licence Verification, especially when your name on your Indian Drivers Licence is different to the name that appears on your Indian Passport. In those cases, the IDLV Checklist offers you two options to verify your name/identity and one of those options is to have a notary public confirm that you are the one and the same person and to have that document stamped with an apostille. How VFS interprets that requirement has changed since we started assisting clients with satisfying the requirements in the checklist - and we've also had to change our service offering (not our pricing). To help you satisfy this requirement not only do we provide you with a notary certificate that verifies that you are the one and the same person, but we also prepare an affidavit which you would need to sign at the same time and we provide certified copies of your respective identification documents. Even if you want to try to argue that the requirements set out in the IDLV Checklist don't require all of these documents, it's better to be safe than sorry. It doesn't cost extra to include the additional documents and so we include them to avoid any reason that VFS would or could reject your application because of something that we have or haven't done in terms of the notary public service.

Sounds simple? It is when you take a step back and try to work within the system rather than against it.

So what about the apostille? Do you really need it? Yes and yes. The IDLV Checklist is very clear that you need to have your documents stamped with an apostille. The apostille is only available from the Department of Foreign Affairs and Trade. The apostille is confirmation that your documents have been properly notarised by a notary public. That's it.

It doesn't matter how much you want to complain about or resist the requirement (or the cost, time and hassle) of obtaining an apostille, it's a requirement and if you don't satisfy this requirement then VFS will reject your application.

We try to make this process as simple as possible for you and will look after the apostille process for you. We arrange to have your documents stamped with an apostille from the Department of Foreign Affairs and Trade and returned to our office for you to collect. If you don't want this service or you don't want to pay for this service, you can always make your own arrangements. It's actually very simple. But if you want our help, that's why we're here - to help. We can look after that whole process for you from the notary certificate, the notarised affidavit, certified copies of your identification documents, and the 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.

Applying for a new or replacement Indian Passport?

Have you checked the VFS website for the most up to date checklists? Be aware that the checklists and the requirements have changed.

As many of you may have found out, VFS has changed a few of their forms as of 31 August 2020 and these changes impose a greater obligation (and cost) on people attempting to do various things like apply for or renew passports and other consular services.

Unfortunately, some of our clients have 'found out the hard way' that VFS has changed its requirements after having their documents returned to them with instructions that they also need to have copies of other supporting documents notarised. In the past, they may have had their supporting documents certified or attested by a justice of the peace, but now with the recent changes all of those documents must be notarised by a notary public - especially if they are residents in New South Wales

If you are submitting your application to VFS without documents having been properly certified or attested by a notary public, your application will also be rejected.

On a side note, the other complication with the changes recently introduced by VFS is that they sometimes require documents (such as Indian birth certificates) which cannot be notarised in Australia. In Australia, a notary public can attest and notarised copies of Australian public documents (ie, original documents issued by Australian government departments). Attesting Australian documents for use overseas is probably one of the main functions of the notary public in Australia, but this function does not extend to attesting Indian public documents. Indian public documents, like the Indian birth certificate, cannot be attested by an Australian notary public. They can only be attested by an Indian notary public.

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.

Have you experienced anything different with VFS recently?

Feedback wanted

As a leading provider of notary public services, we assist many people within the Indian community with notarising documents for use overseas - mainly India. Naturally, this work often involves and overlaps with VFS and so when our clients have issues with VFS, we know about it.

Recently, we've received a number of queries from clients about their dealings with VFS and some of it has been confusing and concerning. In particular, we've been told that:

• Clients must have their Indian birth certificates or marriage certificates notarised in Australia. The public notary in Australia should not be notarising foreign public documents, like these personal certificates. Foreign public documents should be notarised in the country where those documents were issued - not Australia.
• Clients must sign notary certificates issued by a public notary in Australia. The notary certificate is a document that is issued by the public notary and signed by the public notary. It isn't a document that would normally be signed by clients (ie, the certificate is given by the public notary, it's not a self-certification by the client).
• Clients must have their utility bills and other statements notarised by a public notary in Australia. The challenge with many bills and statements in Australia is that they are mostly issued electronically. While it's still possible to notarise these documents, the process is more involved which translates into cost - and of course that's not what many of our clients are happy to hear.

What's happened?

According to the VFS website, a number of checklists for different processes and applications changed on 31 August 2020. This means some things are now being done differently at VFS, especially for clients who live in New South Wales. Documents that could be previously signed by a justice of the peace or a public notary now have to be signed by a public notary only. Unfortunately, this means the process is going to be more expensive for clients because while having documents signed by a justice of the peace is free, having the same documents signed by a public notary isn't free.

Of course we remain committed to assisting our clients with their public notary requirements for documents intended for India or for submission to VFS, but these recent changes at VFS are likely to create confusion as well as raise more problems and incur additional costs than before.

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 your passport for VFS

Have you noticed that the VFS checklists have been updated recently? If not, you'd better take a look and download the most recent checklists. The most significant change affects people living in New South Wales.

In the past, some supporting documents that had to be submitted to VFS could be attested by a justice of the peace. That requirement no longer exists in New South Wales. The checklists now clearly state "NSW residents kindly submit documents attested by a Notary Public only". So what does this mean?

Unfortunately, it means that submitting documents to VFS will become more expensive. Unlike the justice of the peace, which is a community service and free-of-charge, the notary public service is a paid service.

As a leading provider of notary public services in Sydney, we're committed to supporting the Indian community in Sydney even with the changes to the VFS requirements and continue to offer low cost fixed fee notary public services. Attesting your passport has never been quicker or easier as we generally are available on short notice to notarise and attest copies of your 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.

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.

It's red! The importance of the notary seal for documents going to India

Did you know that the majority of our clients will have no problems with documents notarised in Australia?

With every country, there's a formal process that should be followed in order for documents signed or certified in Australia to be valid in that country. Generally, this means documents must be stamped with an apostille or authenticated and then legalised by the foreign office of that country in Australia. For India, the requirement is apostille.

If the document that you're sending is NOT an original Australian government-issued document, then that document would generally need to be notarised - and that's what we do. For example, if you're appointing someone in India to act on your behalf, then you would normally need to sign a general power of attorney or a special power of attorney (depending on the circumstances). If you are signing these documents in Australia, then they'll need to be signed, witnessed and notarised. If you're not sure of the specific requirements in India for what you're doing, then you need to ask your lawyer.

The majority of our clients sending documents to India will just have their documents notarised without going to the further step of having them stamped with an apostille or by the Indian Consulate/VFS - and that's because they've either been told that their documents only need to be notarised (and nothing else) or when they send their documents to their lawyers or counterparts in India, they're told that the red notary stamp is sufficient. In other words, it looks official enough and that's all.

Of course, you shouldn't just send your documents to India (especially not the original hardcopy document) without checking with your lawyer, and these days it's quite simple/easy to scan or even take a photo of your document.

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.

Power of Attorney for India - Getting advice or listening to rumour

Beware - "word of mouth" is NOT the best advice

The unfortunate reality is that too many people come to us with poorly prepared documents based on incorrect/unreliable advice. Sometimes it's because they cannot get the right advice and sometimes it's simply because they listen to rumour or copy what someone else had done previously. In short, if you choose not to get legal advice from a properly qualified and experienced lawyer in India, you're going to run the risk of wasting your money and your time.

Different Country, Different Laws

There are many important reasons why legal documents should be written or prepared in certain ways, especially if those documents are intended to be legally valid, binding and enforceable. Different countries have different laws (even different states within those countries can have different laws), and so it's important that if you're preparing documents for another country that you get the right legal advice for that country.

Although the laws in India and the convention that it follows are largely the results of the British legal system - and similar to Australia - the laws are not exactly the same. Some people ask us to prepare an Australian legal document for use in India, but that is unlikely to be successful just as if you were to bring an Indian legal document and ask the government or the court in Australia to accept it. Of course, there are some documents that the law will recognise because those documents are valid in their country of origin, but without understanding which documents are valid (and for what reason), you're taking a huge risk in guessing.

Ask the right information from the right source

Sometimes, even legal advice may not be enough depending on the intended use of those documents or what you're supposed to achieve. For example, if you're trying to send banking documents to a bank overseas, you could get legal advice on what those documents should be but you would probably have more success contacting the bank to find out what documents they will accept. The bank may have its own forms and other documents and will not accept any other documents, even if those documents are prepared by your lawyer. If you're trying to submit forms to a government office, you should get the right forms from the relevant government department and check with those government officials as to what formal requirements must be followed rather than consult your lawyer (who may not be familiar with the specific requirements of that government department).

So whether it's a specific form, a type of paper (like stamped paper or bonded paper), a certain format, or necessary wording - starting with the right document is the first step.

Signing the document is only the beginning

Aside from preparing the right document, the other thing you'll need to work out is whether there are any other formalities required to ensure that your document is properly signed. For example, some documents may need witnesses, some documents must be signed or stamped in a certain way, some require photographs or fingerprints, and depending on where the document is going to be used it may also need to be countersigned by the Department of Foreign Affairs and Trade (DFAT) and/or the Indian Consulate/VFS.

As a leading provider of notary public services in Sydney, over the last decade and more, we've assisted many people with notarising their documents for use in India. Interestingly, the numerous variations that we've seen make us question whether there is an actual requirement or whether 'anything official looking' with red stamps and seals is sufficient because that seems to be what has been accepted more often than not. Ultimately, the common requirement for all documents being signed in Australia and sent to India is that those documents must be notarised. This is our service to you.

After we have notarised your documents, we highly recommend scanning your documents and sending it to whoever you're dealing with in India to check whether it's sufficient - and if not, for them to propose what else is required BEFORE you physically send your documents to India. If you send your documents to India without checking only to find out that you needed to do something else with your documents, you would generally need to arrange for your documents to be returned to you or arrange to re-sign and notarise your documents. Accordingly, scanning your documents and checking that it's acceptable is going to save you time and money, and provide you with a peace of mind for processing and eventually returning your documents to India.

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.

Keeping up to date with changes to the IDLV process

Do you have the most up to date IDLV Checklist?

The Indian Drivers Licence Verification (IDLV) process is necessary if you want to change your Indian drivers licence to an Australian drivers licence.

This process allows the relevant Australian driving authority in your state to verify that you have a valid licence in India and that you have the pre-requisite driving experience in order to bypass your learner's licence or provisional licence. You may need to check your relevant state driving authority (ie, such as the RMS in New South Wales) to ensure that whatever experience you may have in India will be valid and accepted in Australia.

What about different names?

Sometimes, depending on which state issued your licence in India, your name may appear differently on your Indian drivers licence compared to your Indian passport. This is because your drivers licence may have been issued before you were issued with a passport and the driving authority in India issued your licence according to the name on your 'year 10 mark sheet'. Other times, the difference in your name may be due to various naming conventions which are acceptable in India, but unfortunately are not acceptable in Australia. Even if the differences are fairly minor, such as using your initials instead of your full name or using an abbreviated name or the substitution of your father's name, if your name on your Indian drivers licence is different to your name on your Indian passport, then you are going to have an issue and you will need help.

In Australia, your passport is a primary photo identification document, not your Indian drivers licence. This means the driving authority in Australia will identify you according to your passport and if Indian drivers licence has a different name then that licence will not be accepted as your licence without other supporting evidence which you must obtain through VFS.

Notary public services and the IDLV application

As part of the IDLV process, VFS will provide the supporting evidence required by the driving authority in Australia to confirm that you are the one and the same person in your passport and your licence, that your licence is valid and your number of years experience in India. However, before VFS will provide that supporting evidence, you must apply to VFS and satisfy all the requirements in their IDLV Checklist. One of those requirements involves our notary public services.

As a leading provider of notary public services in Sydney, we have assisted many people who have different names on their Indian passport and their Indian drivers licence. We provide them with a notary certificate to verify that they are the one and the same person, and we assist them in satisfying the requirements of the IDLV process.

Where is the most up to date IDLV Checklist?

A few years ago, VFS changed their IDLV process from requiring an authentication stamp to an apostille stamp. This was a significant change at the time because not only were they different stamps issued by the Department of Foreign Affairs and Trade (DFAT), but there was a significant cost difference between an authentication and an apostille especially when the documents were bound together - which, in the case of the IDLV supporting documents, we did to also include copies of passports and drivers licence.

To avoid any complications arising from using outdated information or old documents, always download the most recent IDLV Checklist directly from the VFS website. You can find it here:

http://www.vfsglobal.com/india/australia/consular_miscellaneous/pdf/IDLV-Checklist.pdf


The last time the IDLV Checklist was updated was in November 2017, which means that if you started preparing your application before then, you should make sure everything you now submit is up to date and satisfies the current requirements. Fortunately, there have been no changes to the VFS requirements for the IDLV if your name on your Indian Passport and your Indian drivers licence are different.

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.

DFAT Changes 2017

Have you been to the Department of Foreign Affairs and Trade (DFAT) recently to stamp your documents with an apostille?

Many documents that need to be sent to India must also be stamped by VFS, and VFS requires those documents to notarised and stamped with an apostille. DFAT is the authorised issuing authority for apostilles in Australia and so if your documents must be stamped with an apostille, then they must be processed by DFAT.

Recently, DFAT have introduced a number of changes to the way they process documents as well as the cost. Previously, you could walk into DFAT at their Sydney office and have your documents processed over the counter. You might have to wait depending on how busy they were, but it was a fairly informal and simple process as long as you were able to go there during their normal opening hours. Now, you need to call in advance to make an appointment. Sometimes you will be able to make an appointment on short notice, but other times you could be waiting for a few business days. If you are going to go to DFAT to have your document stamped with an apostille, you will still need to allow for half a day at least.

From 1 January 2017, DFAT have also changed their filing fees and the way that they charge their filing fees. Previously, single paged documents were $60 for the apostille and $80 for multiple paged documents. Now, there is a flat fee of $80 for all documents. Simple. You do not need to worry about the size of your document, or whether your document has been bound or not, the fee to have your document stamped with an apostille is $80.

As a leading provider of notary public services in Sydney, in addition to notarising your documents we are able to arrange for your documents to be stamped with an apostille at DFAT. Our services will cover both filing and the filing fee and is perfect for those clients who do not have the time to make an appointment and go to DFAT themselves. If you need this additional service, we can handle the whole process on your behalf from notarisation, and apostille stamping so that you can collect the final document from our office or if you prefer, posted out to you by express post.

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.

Our new Form V video for 2017

Have you lost or damaged your Indian Passport? Or perhaps it was stolen and you need to apply to VFS for a replacement. Part of the process requires you to submit an Affidavit in Lieu of Lost/Damaged Passport, also known as Form V. Form V must be signed in front of a notary public who must also sign and notarise the Form V before it will be accepted by VFS.

We can help you with this.

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.

Don't wait! Verify your Indian Drivers Licence today

There are many reasons why people do not convert their Indian drivers licence to an Australian drivers licence. Perhaps they are here temporarily or not intending to remain in Australia and so they do not see the need to convert, others may be waiting for their visa approvals, some could be waiting to become an Australian citizen, while many people just think that the process is too difficult and so postpone / procrastinate on following it through.

Whatever the reason, it has been our experience that delaying the process can create other complications and so we highly recommend converting (or at least starting the process) sooner than later.

As a leading provider of notary public services in Sydney, we assist many people to convert their Indian drivers licence to an Australian drivers licence through our Indian Drivers Licence Verification process. If your name on your Indian drivers licence and your Indian passport, you will need to undertake this process in order to convert your licence. However, be aware that the process is not a simple process or a straight forward process, meaning you must allow for processing times, expect delays and account for these possibilities and contingencies when applying to convert your licence. For more information regarding the process, please visit the VFS website and review the IDLV checklist.

Problems caused by delay

Here are some problems that people face because they delayed converting their licence.

• VFS changes. This has happened before, and it will happen again. Processes and requirements change due to changes in the law or policy and the IDLV process through VFS is no different. At this stage, we do not know what future changes may be, but we know what the process is now. Accordingly, if you want (and especially if you need) to convert your Indian drivers licence to an Australian drivers licence then you may benefit from doing it now rather than wait for the uncertainty of the future. Of course you might get lucky in that VFS makes the process easier in the future, but that would be the chance you take. However, even if the process is easier, it is unlikely that the cost/fees would be cheaper - as most things, this will only increase over time.
• Citizenship. Many people do not (by choice or because they forget) convert their licence, but they adopt Australian citizenship. The IDLV checklist clearly relates to verifying the identity of the Indian drivers licence holder with the Indian passport holder. As far as we are aware, VFS will not assist you with the IDLV process if you are an Australian citizen and will not provide a verification between an Indian drivers licence and an Australian passport. Accordingly, if your name on your Indian drivers licence and your Indian passport are different, you must complete this process through VFS before you become an Australian citizen.
• RTO changes. Part of the IDLV process requires a letter from the relevant RTO in India to confirm the Indian drivers licence details. The IDLV checklist states that the name on letter from the RTO and the Indian drivers licence must be identical. Due to various changes or upgrades to systems and processes in India, occasionally we have been told by clients that the name in the letter from their RTO in India no longer matches the name on their Indian drivers licence (for whatever reason). This will create complications for VFS. The scope of our notary public services is limited to verifying that you are the one and the same person on your Indian drivers licence and your Indian passport. Unfortunately, we cannot help you with any changes to your details on the RTO letter.
• Licence or passport expiry. Too many times we have been asked to verify the identity of the Indian drivers licence holder and the Indian passport holder are the one and the same person because either their drivers licence or their passport was about to expire. At this point, people are rushing with unrealistic deadlines. Be aware that the process can take weeks - not hours.
• RTO letter expiry. The IDLV process requires that the letter from the relevant RTO in India is less than 6 months old. Again, we are often approached a day or two (or even on the day) that the 6 months expire to complete the verification process. If it is not possible, we will tell you. As much as we want to assist, waiting to the last minute will only create yourself more complications and problems - meaning you will potentially need to re-start the process.
• Appointments with VFS. We also receive requests from people who are rushing to an appointment with VFS - but why? If you have an appointment with VFS which requires documents to be notarised, and your appointment is at 12pm - it is unlikely that we are able to 'squeeze you in' at 11am, and it is impossible to do this if you also need to have your documents stamped with an apostille from the Department of Foreign Affairs and Trade. Remember, this process can take weeks. It will not happen at the last minute. Again, if it is not possible, we will tell you.
• Change of name. Some people change their name (ie, if they marry, if they want to shorten or simplify, or if they Anglicise or adopt an English name). If they formally change their name on their Indian passport (which then differs from the name on their Indian drivers licence) before they convert their licence, they then must go through the IDLV process. Perhaps it would have been cheaper and easier to have converted their licence before they change their name.

Although these are just some examples, there can be many reasons why delaying could cause more complications - unnecessary complications - to the IDLV process, and those complications could also have been easily avoided by attempting this process sooner than later. Sometimes the consequence is additional delay, or additional cost, but sometimes it could potentially prevent you from converting your licence meaning to obtain an Australian drivers licence through the 'normal' process (ie, starting from the start with no recognition of prior driving history or licence). Regardless of the reason behind these circumstances, a little forward planning could have and potentially would have avoided any issues.

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.