An applicant may encounter a Form 1195 problem or identity declaration problem. The Department of Home Affairs (the Department or DHA) cannot approve an Australian citizenship application form where a person’s identity cannot be verified.
If you cannot prove your identity, you will not be granted Australian citizenship. Hence, you must give the Department true and complete information regarding your identity. Giving false documents or information leads to refusal of Australian citizenship.
This article discusses a Form 1195 problem an applicant may encounter and other matters pertaining to the identity requirement in Australian citizenship.
Form 1195: Identity Declaration
An applicant applying for an Australian visa must submit a Form (Identity Declaration) 1195 to the Department. This form is to be is to be completed and provided to the Department of Immigration and Border Protection. The applicant must attach an Identity Declaration Form if:
- They are making an online application for citizenship or evidence of citizenship, and
- They are applying to become Australian citizens on a paper form and have more children than the space on the application form allows. In this case, a separate 1195 Form should be added for each additional child.
It must be noted that every individual applying online for citizenship or proof of citizenship must submit a separate form. Thus, if you are applying with your family, spouse, or de facto partner, each party must provide their own form. Children should also have separate forms.
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.
Form 1195 Problem: Endorsing Form 1195 or the Identity Declaration
Some applicants may encounter problems regarding the person endorsing the Form 1195. Thus, it is important to note who may fill up Form 1195 and who may endorse the same.
Questions 1 (details of the applicant) and 4 (details of the children or young applicants) of Form 1195 must be filled by the applicant, or the person applying for citizenship or proof of citizenship.
Questions 2 and 3 must be completed by someone who can validate your identity. This person must be an Australian Citizen, 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.
Questions 2 and 3 of the Form show that your identity declaration needs to be endorsed. The Department 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:
- Medical Practitioner
- Veterinary surgeon
- Justice of the Peace
- Judge of a Court
- Tax accountant
- Police Officer
- Bank officer with 5 or more years of continuous service
- Member of the Australian Defence Force with 5 or more years of continuous service
A list of other professionals who can endorse your application can be found on pages 1 and 2 of Form 1195. These professionals must be contacted during normal working hours in case they need to be contacted.
Form 1195 Problem: Visa Cancellation Based on Identity
Non-satisfaction of visa holder’s identity
Under Section 116 (1AA) of the Migration Act 1958, the Minister may cancel a visa if he or she is not satisfied as to the visa holder’s identity. Thus, 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.
Documents Needed to Prove Identity to Prevent a Form 1195 Problem
The Identity Declaration Form is one of the proofs required for validating your identity. You need to be a permanent resident and meet certain criteria before you can apply. However, you must provide more identity documents to show proof of your legal name, date of birth, address, gender, current residential address, and signature. These documents include:
- Australian passport
- National Identity Card
- Birth Certificate
- A citizenship certificate in your country of birth
- Driver’s licence
- Marriage Certificate
- Residency Documents (such as utility bills with address on it)
- Character reference documents
- Education Records
- Military Service Papers
Apart from Form 1195 and the identity documents listed above, 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).
- of good quality, in colour, against a plain, light-coloured background (laser copies are not acceptable).
Note: It is an offence under section 50 of the Australian Citizenship Act 2007 to deliberately make, or cause to make, a false or misleading statement, or conceal circumstances in relation to an application.
Required Identity Documents for a Child 15 Years Old or Younger
In case one of the dependant applicants is a child 15 years of age or younger, the applicant needs to provide:
- Passport or travel document.
- Full birth certificate showing parent’s evidence.
- Evidence of name change if needed.
- A passport-sized photograph.
- Form 1195 endorsed and signed by an Australian citizen who has correct authority.
Identity Documents for a Newborn Child
The identity documents for a newborn child include the following:
- Scanned copy of the child’s birth certificate.
- Proof of identity that includes a photo and signature of the parent. This can be a driver’s licence.
- Proof of address for the parents. This can also be seen in the driver’s licence.
- Endorsed copy of the baby’s photograph.
- Endorsed copy of the Identity Declaration Form 1195.
Seeking Legal Advice from Immigration Law Solicitors
Proving your identity is an essential step in applying for Australian citizenship. A Form 1195 problem can lead to grave consequences. Thus, we highly advise seeking legal services from expert immigration lawyers.
JB Solicitors has a leading team of expert immigration lawyers that can help with your case. We can advise you on your visa application and help with the documents to ensure you do not encounter a Form 1195 problem.
Do you have any more enquiries regarding a Form 1195 problem? Contact us today.