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Declaration Of Residency for Australia

Declaration Of Residency Template for Australia

A Declaration of Residency is a formal statutory document used in Australia to officially declare an individual's residency status. The document is executed under the Statutory Declarations Act 1959 and must comply with Australian federal and state legislative requirements. It serves as a legally binding statement of an individual's residential status, often required for tax purposes, banking requirements, immigration matters, or other official proceedings where proof of residency is necessary. The declaration includes detailed personal information, residency status details, and must be witnessed by an authorized person as specified under Australian law.

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What is a Declaration Of Residency?

The Declaration of Residency is a critical document used in various contexts within the Australian legal framework. It is commonly required when individuals need to formally establish their residency status for tax purposes, financial accounts, government benefits, or immigration matters. The declaration must comply with the Statutory Declarations Act 1959 and related legislation, requiring verification by an authorized witness such as a Justice of the Peace or legal practitioner. This document typically includes detailed information about the declarant's residential status, supporting evidence of residency, and relevant tax residency tests. The Declaration of Residency carries serious legal implications, with false declarations potentially resulting in penalties under Australian law. It serves as a fundamental document for establishing residency status across various official and commercial contexts.

What sections should be included in a Declaration Of Residency?

1. Declarant Details: Full legal name, date of birth, and current address of the person making the declaration

2. Declaration Statement: Formal opening statement declaring that this is a solemn declaration made under the Statutory Declarations Act 1959

3. Residency Status: Clear statement of current residency status including dates of arrival/departure from Australia if relevant

4. Supporting Facts: Details of facts supporting residency status (e.g., time spent in Australia, permanent place of abode, employment details)

5. Tax Residency Tests: Specific information addressing the various tests for tax residency under Australian law

6. Declaration of Truth: Formal statement confirming the truth of all information provided

7. Execution Block: Space for signature, date, and witness details as required by the Statutory Declarations Act

What sections are optional to include in a Declaration Of Residency?

1. Immigration Status: Details of current visa status and conditions - included when the declaration is for immigration purposes

2. Financial Institution Details: Specific information required by banks or financial institutions - included for banking or financial purposes

3. Foreign Tax Obligations: Declaration of tax obligations in other countries - included when relevant for tax or FATCA purposes

4. Family Members: Details of family members' residency status - included when relevant for family-related applications

5. Previous Addresses: History of residential addresses - included when proving long-term residency status

What schedules should be included in a Declaration Of Residency?

1. Schedule A - Identity Documents: Copies of passport, driver's license, or other official identification documents

2. Schedule B - Proof of Address: Utility bills, lease agreements, or other documents proving current residential address

3. Schedule C - Travel Records: Travel history, passport stamps, or flight records supporting residency claims

4. Schedule D - Employment Documentation: Employment contracts, pay slips, or other documents proving work status in Australia

5. Appendix 1 - Tax Residency Checklist: Completed checklist addressing specific requirements for tax residency status

6. Appendix 2 - Supporting Statutory Declarations: Additional statutory declarations from employers, landlords, or other relevant parties supporting the residency claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
























Clauses


















Relevant Industries

Financial Services

Banking

Immigration

Taxation

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Relevant Roles

Tax Advisor

Immigration Consultant

Bank Manager

Compliance Officer

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Human Resources Manager

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Risk Assessment Officer

International Student Coordinator

Visa Officer

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