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.
The 1195 Identity Declaration or Form 1195 comprises a key part of the immigration process. The Department of Home Affairs (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.
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.
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).
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. 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.
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)
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.
1195 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.
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 a 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.
Form 1195 Problem: Visa Cancellation Based on Identity
Non-satisfaction of visa holder’s identity
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 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 for Australian 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.
