The Identity Declaration or Form 1195 comprises a key part of the immigration process. The DHA cannot approve an application for Australian citizenship or evidence of citizenship if they cannot verify a person's identity.
If you cannot prove your identity, the DHA will not grant Australian citizenship to you. Hence, you must give the Department of Home Affairs (the Department or DHA) true and complete information regarding your identity. Giving false documents or information leads to the refusal of Australian citizenship.
Apart from Form 1195, identity documents include your Australian passport, national identity card, birth certificate, military service papers, driver's licence, marriage certificate, utility (household) bills, family photos, employment records or education records. This article discusses matters relating to Form 1195 and the identity requirement for an Australian citizenship application form.
When Should I Use the Form 1195 Identity Declaration?
An applicant applying for Australian citizenship must submit an Identity Declaration Form or Form 1195 to the DHA. The applicant must attach an Identity Declaration Form if:
- They are making online application for citizenship or evidence of citizenship, and
- They are applying for citizenship on a paper form and have more children than the space on the application form allows. In this case, you should add a separate 1195 Form for each additional child.
Importantly, every individual applying online for citizenship or proof of citizenship must submit a separate Form identity declaration 1195. So if you are applying with your family, spouse, or de facto partner, each member must provide their own form. You must also submit a separate form for each extra child.
Who Can Complete Form 1195?
The applicant or person applying for citizenship or proof of citizenship must fill Questions 1 (details of the applicant) and 4 (details of the children or young applicants) of Form 1195. Questions 2 and 3 must be completed by someone who can validate your identity.
This person must be an Australian Citizen, must have known you for at least one year, and be currently working in one of the occupations or professions listed on the Form. They also must not be related to you by birth, marriage, or de facto relationship and be easy to contact by telephone during the Department's normal working hours. The form will be completed and provided to the Department of Immigration and Border Protection.
Endorsing Form 1195 or the Identity Declaration
Questions 2 and 3 of the Form show that your identity declaration needs to be endorsed. The DHA requires this endorsement so that they can assess how well-integrated you are in the Australian community. Only specific professionals can provide this endorsement. Some of them include a:
- Pharmacist
- Justice of the Peace
- Judge of a Court
- Tax accountant
- Nurse
- Police Officer
- Sheriff
- Medical Practitioner
More of the occupations or professions that can endorse your application can be found on pages 1 and 2 of the Form.
Documents Needed to Prove Identity
The Identity Declaration Form is one of the proof required for validating your identity. However, more identity documents must be provided to show proof of your legal name, date of birth, address, gender, current residential address, and signature.
These documents can be residency documents, character reference documents, or any other document that can support your identity.
Apart from the Identity Declaration Form, applicants must also provide passport-sized photos to be granted Australian citizenship. Additionally, someone with authority must also sign these documents and photos.
The photograph must be:
- no more than 6 months old,
- a full-face view of your head and shoulders (untinted prescription glasses can be worn; a photograph that shows facial features only is acceptable if you wear a head covering for religious reasons), and
- of good quality, in colour, against a plain, light-coloured background (laser copies are not acceptable).
Citizenship Certificate Requirements for a Child (15 Years or Younger)
In case one of the dependant applicants is a child 15 years of age or younger, they will need to provide:
- Passport or travel document,
- Full birth certificate showing parent's evidence,
- Evidence of name change if needed,
- A passport-sized photograph, and
- An Identity Declaration Form signed by an Australian citizen who has the correct authority.
Identity Declaration for a Newborn Child
The identification documents for a newborn child include the following:
- Scanned copy of the child's birth certificate. This is important to show the legal name and date of birth of the child.
- Proof of identity that includes a photo and signature of the parent. This can be a driver's license.
- Proof of address for the parents. This can also be seen in the driver's license.
- Endorsed copy of the baby's photograph.
- Endorsed copy of the Identity Declaration Form 1195.
Failure to Prove Identity
One of the main reasons for the refusal of Australian citizenship is the failure to prove your identity. There may be failure on identity grounds, meaning there is no satisfaction of proven identity. As mentioned earlier, the verification of your identity is one of the most important elements in your application.
The process of an Australian citizenship application involves thorough checking, so it is best to ensure that all your documents are genuine and don't contain false or misleading information. The analyzers evaluate the entire document; not just your photograph, but also your address details, the spelling of names, and all other important information.
It must be noted that issues arise when a person has previously provided fake documents or has been involved in fraud. Hence, it is important to provide genuine documents containing true information.
Seeking Legal Advice from Expert Immigration Lawyers
Proving your identity is an essential step in applying for Australian citizenship. Failure to prove your identity can result in severe consequences. In addition, the identity requirement is just one of the many requirements needed for Australian citizenship.
Additional documents are needed to prove good character and residency requirements. Hence, it is highly advisable to seek legal advice from expert immigration lawyers.
JB Solicitors has a leading team of expert immigration lawyers that can help with your case. We offer market-leading advice and legal representation if the matter escalates and requires court proceedings. We ensure that our clients' legal matters are resolved.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
