Please note that the information we provide in this article about Form 1195 is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions, or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.
Completing the 1195 Identity Declaration or Form 1195 is an important part of the immigration process. This is the Department of Home Affairs’ (DHA) way of verifying your identity. If they can’t verify your identity, they will NOT approve your application for Australian citizenship or evidence of citizenship.
Hence, you must give the Department of Home Affairs (the Department or DHA) true and complete information regarding your identity. You have to be careful when filling out the form because giving false documents or information leads to the refusal of Australian citizenship and you don’t want that to happen.
Additionally, 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.
Now, this article will discuss 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 to the DHA. Moreover, the applicant must attach an Identity Declaration Form if:
- They are making online applications 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.
Significantly, 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 form. You must also submit a separate form for each extra child.
2024 DHA Update: If you are applying for citizenship by conferral, you don’t have to complete Form 1195. Only those who are applying online for citizenship by descent or evidence of citizenship must submit this form. Otherwise, DHA will not approve your application.
Who Can Complete Form 1195 Identity Declaration?
The applicant or person applying for citizenship or proof of citizenship must fill in Questions 1 (details of the applicant) and 4 (details of the children or young applicants) in the form. Another person who can validate your identity must complete Questions 2 and 3. Remember that:
- 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 must not be related to you by birth, marriage, or de facto relationship and they must be easy to contact by telephone during the Department’s normal working hours.
- The application must complete and provide this form to the Australian Department of Home Affairs (DHA).
Professions
To make the declaration, the individual must hold one of the following professions in Australia:
| Australian Consular Officer or Australian Diplomatic Officer | Member of Engineers Australia, other than at the grade of student |
| Bailiff | Member of the Association of Taxation and Management Accountants |
| Bank officer with 5 or more years of continuous service | Member of the Australian Defence Force with 5 or more years of continuous service |
| Building society officer with 5 or more years of continuous service | Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practicing Accountants or the Institute of Public Accountants |
| Chiropractor (licensed or registered) | Member of the Parliament of the Commonwealth, a state, a territory Legislature, or a local government authority of a state or territory |
| Clerk of court | Minister of religion licensed or registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961 |
| Commissioner for Affidavits | Nurse (licensed or registered) |
| Commissioner for Declarations | Optometrist (licensed or registered) |
| Credit union officer with 5 or more years of continuous service | Permanent employee of Commonwealth, state or local government authority with at least 5 or more years of continuous service |
| Dentist (licensed or registered) | Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service |
Other Professions
| Fellow of the National Tax Accountant’s Association | Pharmacist (licensed or registered) |
| Finance company officer with 5 or more years of continuous service | Physiotherapist (licensed or registered) |
| Judge of a court | Police officer |
| Justice of the peace | Psychologist (licensed or registered) |
| Legal practitioner (licensed or registered) | Registered migration agent (where registration is not suspended or subject to a caution) |
| Magistrate | Registrar, or Deputy Registrar, of a court |
| Marriage celebrant licensed or registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 | Sheriff |
| Master of a court | Teacher employed on a full-time basis at a school or tertiary education institution |
| Medical practitioner (licensed or registered) | Veterinary surgeon (licensed or registered) |
| Member of Chartered Secretaries Australia | |
Endorsing Form 1195 Identity Declaration
Questions 2 and 3 of the Form show that you need to endorse your identity declaration. 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.
Form 1195 Problem: Failure to Prove Identity
One of the main reasons for refusal of Australian citizenship is the failure to prove identity. Being one of the grounds for refusal, it means that proving your identity to the DHA is a crucial part of the process that you must take into account. There may be failure on identity grounds. Meaning, there is no satisfaction of proven identity.
The process of an Australian citizenship application involves thorough checking, so all documents submitted must be genuine and contain correct information. The analysers evaluate the entire document; not just your photograph, but also your:
- address details,
- spelling of names, and
- all other important information.
Issues arise when a person has previously provided fake documents or has been involved in fraud. Hence, one must always provide genuine documents containing true information.
1195 Documents Needed to Prove Identity
The Identity Declaration Form is one of the proofs 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.
Specifically, 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)
Do you want to include your child in the application? If yes, you must provide the following documents. Your child is a dependant applicant who must be 15 years of age or younger.
- 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.
1195 Identity Declaration for a Newborn Child
What if you have 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 Problem: Visa Cancellation Based on Identity
Non-satisfaction of visa holder’s identity
Unfortunately, there are some instances that the DHA will cancel your visa if the documents you gave them does not satisfy their standards.
Under Section 116 (1AA) of the Migration Act 1958, a visa may be cancelled by the Minister if they are not satisfied as to the visa holder’s identity. Thus, you must submit all the necessary identity documents (which should be genuine) containing correct information.
Providing incorrect information
Under Section 116 (1AB) of the Migration Act the Minister may cancel a visa if they are satisfied that incorrect information was given, by or on behalf of the person who holds the current visa, to:
- an officer,
- an authorised system,
- the Minister,
- any other person, or a tribunal, performing a function or purpose under the Migration Act 1958, or
- any other person or body performing a function or purpose in an administrative process that occurred or occurs in relation to the Migration Act 1958.
Seeking Legal Advice from Expert Immigration Lawyers
Proving your identity to the DHA must be your top priority when it comes to applying for Australian citizenship. This is because if you fail to prove your identity due to weak documentary evidence, it can result in cancellation or refusal.
Although the identity requirement is just one of the many requirements for Australian citizenship, it carries the heaviest weight of them all. If your documents do not satisfy the DHA, you’re not going to get citizenship.
Moreover, providing additional documents will 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. Particularly, we offer market-leading advice and legal representation if the matter escalates and requires court proceedings. We ensure that our client’s legal matters are resolved.
Do you need help filing an Australian citizenship declaration online? Contact us today.
Last updated: 18 November 2024
