UPDATE - Affidavit for the Indian Drivers Licence Verification

What is the IDLV process?

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

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

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

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

How should you write your IDLV affidavit?

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

For example, your affidavit should contain the following information:

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

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

What next?

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

Acknowledgements

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

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

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

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

Ern Phang
Notary Public

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

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

How do you write a declaration?

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

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

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

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

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

Tips and suggestions on what to include in your declaration

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

Other questions

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

What next?

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

Acknowledgements

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

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

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

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

Ern Phang
Notary Public

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

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

Department of Immigration and Border Protection - Form 1229 - Consent to grant an Australian visa to a child under the age of 18 years

Do you need to complete Form 1229?

For all of our clients who contact us about signing the consent to grant an Australian visa to a child under the age of 18 years, this form requires endorsement by parents but it does NOT require notarisation - or at least not by the Australian Government or by the Department of Immigration and Border Protection.

Form 1229 is a standard government form that only requires the parents of the child to sign. It doesn't have (nor does it appear to have) any place for a witness to sign the form or for the form to be notarised by a notary public.

So why do I still need to have Form 1229 it notarised?

This requirement is a requirement imposed on you by your immigration agent/consultant or by your employer if you're on some sort of work or sponsored visa. If you are concerned about their request and want to know why they require notarisation, you should ask them to explain so that you understand what's required and why it's required.

Just be prepared to budget or allow for the time and cost of having your form notarised.

How can we help you?

Our approach (see the reviews on our Google page) focus on fast and efficient services to minimise the time and inconvenience of notarising your document. Our low fixed fee services also mean it's relatively inexpensive so that there are savings all round.

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.

What's the fastest and cheapest way to have my utility bill notarised?

Why do you need to notarise your utility bill?

Recent changes at VFS now means that if you live in New South Wales and you need to prove your address (or change of address), you need to provide VFS with a notarised copy of your utility bill. Previously, these documents could be certified by a justice of the peace, but not anymore. Involving a notary public in this process potentially means a higher level of formality to verify the documents being notarised to confirm their authenticity - ensuring that the process and the checks required by VFS are taken to a higher standard.

What's the problem with notarising utility bills?

Notary public services generally deal with original documents and this presents a bit of a challenge when many documents (especially utility bills) are only being produced and sent as electronic documents by email or by download. The process of notarising electronic documents still means printing the electronic document as a paper document for it to be notarised.

What do we offer to help you satisfy this process?

Notarising your utility bill can be quick and easy, but it depends on what you're prepared to do and what you're able to do (and how your utility provider can assist you in this process). Currently, our notary public service offering is tailored towards the following arrangement as being the fastest and cheapest method that more and more of our clients are electing to follow.

Fastest and cheapest - arrange for your utility provider to email a copy of the utility bill to us directly. When the email comes to us directly from the utilty provider, we'll print the attach statement and provide a notary certificate confirming that we received the documents directly from the utility provider. Provide your utility provider with this email and call us to make an appointment.

If you can't arrange for your utility provider to email us directly, you can either print your utility bill or email it to us and we'll verify the information with the utility provider. Due to the steps in this process, it potentially takes longer and will cost more than the first method.

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 OCI on behalf of your children

Signing for minor children

If you're applying for an OCI for your children (under 18 years old), you must sign an affidavit in support of the application. If you live in New South Wales, the affidavit must be witnessed and notarised by a notary public. The affidavit must accompany your other application documents and be lodged with VFS for processing. 

You can download a copy of the affidavit format as proposed by VFS.

https://www.vfsglobal.com/india/Australia/oci_pio_service/pdf/Affidavit-for-OCI-reissuance-minor-children.pdf

What next?

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

Acknowledgements

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

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

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

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

Ern Phang
Notary Public

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

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

Notarising change of Indian address... in Australia?

If you need to change your address record with VFS, you must provide evidence of your new address. Some people use utility bills, others have their drivers licence. For documents that refer to an Australian address, those documents can/should be notarised in Australia.

But what about changes to Indian addresses?

To prove your new Indian address, presumably, you'll be providing copies of your Indian utility bills or your Indian drivers licence. Even though VFS asks for these Indian documents to be verified and notarised in Australia, they can't be - or at least they shouldn't be notarised in Australia.

It's interesting that VFS has taken this position with various documents that originate from India. Normally, if you needed to verify or attest a document issued by an Indian government or authority, it would need to be done in India or at least by the Indian Consulate (ie, through VFS). The same applies to any other document issued by any other foreign government.

For some reason (unknown to us or to others we've spoken to), VFS direct that Indian documents can be notarised in Australia, yet if you have a document (such as a birth certificate or marriage certificate) issued by any other country other than India or Australia, then that document must be attested by the relevant foreign office of the country where it was issued.

Essentially, this same rule should also apply to Indian documents since they cannot be attested in Australia aside from being attested by VFS/Indian Consulate and they certainly shouldn't be attested by a notary public in Australia. The fact that if you live in New South Wales, VFS now requires all documents to be attested by a notary public, makes things both confusing and potentially not possible.

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.

Did you change your address? Maybe you need to prove it to VFS... with your utility bill?

Notarising a copy of your utility bill

Have you been asked to have your utility bills notarised? In recent weeks, more and more clients have asked about having their utility bills notarised and this presents a problem because utility bills are normally non-government providers and these days they're issued electronically.

If you live in New South Wales and need to show to VFS that you have changed your address, one of the requirements that VFS imposes on you is to prove your new address by submitting a notarised copy of your utility bill. In order to notarise your utility bill, we must first verify the information as well as the authenticity of the bill with your provider. This service offering is a little different from simply certifying a copy of a document that has been issued by a government department (ie, a public document) like a passport or driver's licence or photocard.

Still looking for assistance with this requirement?

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.

Some issues with the new VFS requirements...

Did you know that VFS recently changed its requirements?

Changes with VFS happen from time to time and (unfortunately) without notice catching many people by surprise. This sometimes means you could have a pending application, which is now invalid due to the changes. You're not alone.

Having been in this industry for nearly two decades, we've seen many changes come and go. Some changes make sense and are reflective of various changes in processes, policy, or regulation. On the other hand, some changes make no sense at all and leave us scratching our heads.

Sadly (and strangely), the recent changes have singled out people living in New South Wales to be subject to different requirements from the rest of Australia. Not sure why that's the case. But regardless of the reason, that's the situation that we and everyone else must deal with.

If you live in New South Wales and you are submitting documents to VFS, some of those documents must be attested by a notary public (even if the checklist or the document itself states that it can be attested by a justice of the peace). If you live in other states, then a justice of the peace will be accepted, but in NSW it can only be attested by a notary public.

This presents us with an unusual problem because there are some documents that you might have to submit to VFS which cannot be notarised in Australia. Here are some examples of documents that you might need to have attested in Australia and whether they can actually be notarised or not.

"I need to attest or notarise my Indian marriage certificate"

Sorry, if your document originated from an Indian government office, it isn't an Australian public document or an internationally recognised document and so it can't be notarised in Australia. Documents issued from India should be notarised by a public notary in India - not in Australia. If there's no connection to Australia, then we don't have the authority to attest, certify or notarise it (ie, state that it's a true copy of a specific document) especially if we have no way to verify, identify or confirm that the original is in fact genuine. Some notaries may tell you that they are just certifying that it's the copy of an original document, but the problem always exists that if they can't verify the original, then how do they certify it? We don't accept that this is the correct approach and so we're unable to assist with that kind of notarisation.

"I need to attest or notarise my child's Indian passport"

Yes, we can notarise the Indian passport. Even though it has been issued by the Indian government because the Indian passport (like all other passports) are international documents and should be recognised and accepted in Australia. 

"I need to attest or notarise my passport, front and back page, and my visa page"

What do you mean by 'visa page'? Australia no longer issues physical labels or stamps in passports for visas. The stamps that may appear in your passport generally relate to entry and exit stamps, but they're not visas - and not every country continues to physically stamp passports anyway. For Australia, your visa is now recorded electronically through VEVO, also known as Visa Entitlement Verification Online. We are able to notarise the VEVO as it's issued by the Australian government.

"I need to attest or notarise my Aadhaar card", "I need to attest or notarise my PAN card", I need to attest or notarise my OCI card"

All these cards are issued by the Indian government. They are not internationally accepted or recognised documents (ie, they are only for use in India) and therefore have no connection or relevance to Australia. Accordingly, these documents should normally be notarised by a public notary in India - not in Australia. DESPITE THIS, we have been providing clients with a solution to notarise their passport, with a copy of their various Aadhaar card/PAN card or OCI card with a declaration that 'they are the one and the same person'. So while this strictly is not notarising a copy of the various cards, it's notarising a statement or declaration that you are the same person who appear in those cards, that kind of attestation or notarisation has been accepted previously. We're still are not providing certification that those cards or the copy of those cards are true (which would otherwise be beyond our authority to do so). If you only want the Aadhaar card, PAN card or OCI card to be attested without your passport, then we're unable to assist for the same reasons as explained above.

Closing thoughts

We've already started to see the number of documents being rejected by VFS because they haven't been attested or notarised by a notary public. We want to take this opportunity to remind people that these changes exist with VFS, not our office. Taking out your frustrations on our office will not aid you in your endeavours, especially as we're here to help.

To assist the Indian community in Sydney, we've recently introduced revised pricing for our notary public services in an attempt to ease the burden imposed by these changes.

For more information or to obtain a quote, please contact us on 02 9687 8885.

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.