# Statutory Declaration req!!



## cintai (Feb 10, 2009)

Hi All,

I had sent my Application to ACS and received a mail from the assessment officer asking for more documents (Employer references). I had explained her that I will not be able to get reference letters on Company Letter head. She had replied as below:

In this case you should provide a 
Statutory Declaration (Affidavit) claiming the reasons why you cannot provide a 
reference and explaining in complete detail what you did in this position. 

* 
This must be supported by HR Style 
references, recommendations from colleagues (with business cards attached), job 
contracts, pay slips and other relevant information that demonstrates 
employment. 
* 
Please note the assessor is under 
no obligation to accept this and you submit this at your own risk. Please note 
there are heavy consequences for those who submit a fraudulent statutory 
declaration. 
* 
A statutory declaration is a 
statement made in writing and sworn before a person who has authority to 
administer it eg a solicitor. Therefore we*require you to make a statement 
in which you state the details of your employment history providing such 
information*as your role*within the company, the duration for which 
the role was held, whether employment was part time or full time along with 
demonstrated levels of competence with any computer languages, the various types 
of hardware and software used and the extent of involvement with any major 
projects. 
* 
It is not required that you 
approach any of your former employers to make this statement. 

* 
If you require further 
information, please visit the following link: 
* 
Statutory declarations 
* 
Please do not forget that if you 
are going to provide a Statutory Declaration in place of an employer reference, 
you must also include any two of the following: 
* 
1. Reference from 
ex-colleague/manager 
* 
2. Employment 
offer/contract 
* 
3. Payslips 
* 
4. Letter of 
Appreciation/award 

I can get references from my Ex-colleagues but then I am not very clear on Statutory Declaration. Is it something I should get signed by any legal authority?? Does any one have a sample one which you can share!! 

Cheers,
Cintai


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## anj1976 (Apr 24, 2008)

hi cintai

dont stress out urself.. stat dec is simple, search the forum for it and you will get a lot of info. 

you take a print of it on stamp paper and take it to the notary to get it signed/attested. Thats how we did.

I am sorry, if i had the format, would have given u the same. Lemme dig, maybe I find something


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## cintai (Feb 10, 2009)

Hi Anj,

Well is it only tht then it is going to be an easy task....Pls do share if you get any sample.
So I should get a print on a Stamp paper get is signed by the notary and take a photocopy of it and again get it attested by the same notary and send it to ACS. Am I ryt?? Or should I be sending the original itself.

Cheers,
Cintai


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## anj1976 (Apr 24, 2008)

u send the priginal and keep a copy for furthr reference
am loking for a sampl, will post if i do manage


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## cintai (Feb 10, 2009)

ok Anj. Thanks again!!


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## cintai (Feb 10, 2009)

hi Anj,

Any luck on sample Statutory Declaration. I did a deep search and dint find any Indian format... 


This is the only format I was able to get!! Should I go ahead with this?? It says as "Commonwealth of Australia" everthing related to Australia and nothing to do with Indian Law...Should I be typing this in Stamp paper and getting it signed by Notary?? Pls help I am stuck!!


Commonwealth of Australia
STATUTORY DECLARATION
Statutory Declarations Act 1959
1 Insert the name,
address and
occupation of
person making
the declaration
I,1
make the following declaration under the Statutory Declarations Act 1959:
2 Set out matter
declared to in
numbered
paragraphs
2
I


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## anj1976 (Apr 24, 2008)

there is no such format for India, i mean there is no official format for India, so u dont mention the act, just make the declaration on a stamp paper and get it attested.. i couldnt find one but in every point i remember it was mentioned, i hereby declare
1.
2. 

etc etc

use the foamrt as u mentioned in ur post.. it would make sense, incase they are not satisfied, they will ask fr more..


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## aussieland (Oct 14, 2008)

anj1976 said:


> there is no such format for India, i mean there is no official format for India, so u dont mention the act, just make the declaration on a stamp paper and get it attested.. i couldnt find one but in every point i remember it was mentioned, i hereby declare
> 1.
> 2.
> 
> ...



This is the from one of the earlier post the format of stat dec...


Commonwealth of Australia
STATUTORY DECLARATION
Statutory Declarations Act 1959

1 Insert the name, address and occupation of person making the declaration 
I,. ritui,1,South Main street,xxxxxxx.613009.


make the following declaration under the Statutory Declarations Act 1959:

2 Set out matter declared to in numbered paragraphs 

2


I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

3 Signature of person making the declaration 3


4 Place
5 Day
6 Month and year Declared at 4 on 5 20th of 6 May,2009

Before me,

7 Signature of person before whom the declaration is made (see over)
7


8 Full name, qualification and address of person before whom the declaration is made (in printed letters) 8




Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years — see section 11 of the Statutory Declarations Act 1959.
Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 — see section 5A of the Statutory Declarations Act 1959.
A statutory declaration under the Statutory Declarations Act 1959 may be made before–
(1) a person who is currently licensed or registered under a law to practise in one of the following occupations:
Chiropractor Dentist Legal practitioner
Medical practitioner Nurse Optometrist
Patent attorney Pharmacist Physiotherapist
Psychologist Trade marks attorney Veterinary surgeon
(2) a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or
(3) a person who is in the following list:
Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)
Bailiff
Bank officer with 5 or more continuous years of service
Building society officer with 5 or more years of continuous service
Chief executive officer of a Commonwealth court
Clerk of a court
Commissioner for Affidavits
Commissioner for Declarations
Credit union officer with 5 or more years of continuous service
Employee of the Australian Trade Commission who is:
(a) in a country or place outside Australia; and
(b) authorised under paragraph 3 (d) of the Consular Fees Act 1955; and
(c) exercising his or her function in that place
Employee of the Commonwealth who is:
(a) in a country or place outside Australia; and
(b) authorised under paragraph 3 (c) of the Consular Fees Act 1955; and
(c) exercising his or her function in that place
Fellow of the National Tax Accountants’ Association
Finance company officer with 5 or more years of continuous service
Holder of a statutory office not specified in another item in this list
Judge of a court
Justice of the Peace
Magistrate
Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961
Master of a court
Member of Chartered Secretaries Australia
Member of Engineers Australia, other than at the grade of student
Member of the Association of Taxation and Management Accountants
Member of the Australasian Institute of Mining and Metallurgy
Member of the Australian Defence Force who is:
(a) an officer; or
(b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or
(c) a warrant officer within the meaning of that Act
Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants
Member of:
(a) the Parliament of the Commonwealth; or
(b) the Parliament of a State; or
(c) a Territory legislature; or
(d) a local government authority of a State or Territory
Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
Notary public
Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public
Permanent employee of:
(a) the Commonwealth or a Commonwealth authority; or
(b) a State or Territory or a State or Territory authority; or
(c) a local government authority;
with 5 or more years of continuous service who is not specified in another item in this list
Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made
Police officer
Registrar, or Deputy Registrar, of a court
Senior Executive Service employee of:
(a) the Commonwealth or a Commonwealth authority; or
(b) a State or Territory or a State or Territory authority
Sheriff
Sheriff’s officer
Teacher employed on a full-time basis at a school or tertiary education institution






The link for the same is http://www.expatforum.com/expats/au...atutory-declaration-previous-employments.html


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## anj1976 (Apr 24, 2008)

thanks pankaj, i knew this was discussed but cud not remember when n where


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## cintai (Feb 10, 2009)

Thanks Pankaj. I had gone thru this format...but as I read in our forum, the statutory declaration form will be specific to country. What you have posted here is the one for Australia or common for all was my doubt. Becoz it says about Act stuff!!!


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## cintai (Feb 10, 2009)

Found a sample Statutory Declaration

http://www.ag.gov.au/www/inquiry/offi.nsf/images/DFT.0023.0051_R.pdf


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## cintai (Feb 10, 2009)

One more... hope it is helpful.

http://www.defence.gov.au/sydneyii/WIT/WIT.006.0001_R.pdf


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## santosaed (Dec 31, 2008)

*Sample of Mine*

I submit this SD last time when for my current employer reference. Hope it suitable to what you're looking for.
Together with this SD, I also submit my contract letter with the company (as you can see that I declare as the certificates below).

Regards,


==========================================================
I, [Your Name], born on [D.O.B] in [P.O.B] (holding [Passport No and Coutry of Issuance]), do solemnly and sincerely declare and affirm that:

[Your current employer], [Country of Employer] [Date of Employment]. I am currently employed by [Your current Employer] to work as a [Your position[. The work nature during these period is equivalent to [Position Name and ASCO CODE]. I attach herewith the Certificates issued by the company dated 17/03/2008. I wish to inform that I am unable to provide detailed employment reference letter with detailed job description from my current employer, [Your Current Employer]. This is because [Your Current Employer] is against employees seeking another employment or making another arrangement.

I hereby provide the detailed duties and responsibilities that I have performed in my current employment mentioned above:

	Current Employment:

Employer : [your current employer]
Designation :	[position name]
Employment period	: [Period of Employment]
Total Duration : 4 months

Company Profile
[Your Employer Profile]

Daily duties and responsibilities:
[List your duties here]

[I think this paragraph should be based on each coutry standard]
And I make this solemn declaration by virtue of the provisions of the Oaths and Declarations Act 2000, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Declared at SINGAPORE on the _____ day of ________ 2008

Before me: 



Witnessed by (Signature by Declarant)
(Signature by Notary Public)


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## cintai (Feb 10, 2009)

TerimaKasihhh saed!!!! Did you submit this for ACS assessment


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## santosaed (Dec 31, 2008)

cintai said:


> TerimaKasihhh saed!!!! Did you submit this for ACS assessment


You're welcome... 

I had submitted this form for my visa application, on that time i just moved to Singapore on my new employer so it won't be appropriate if i ask them for any reference... 

But I think whether you submit to ACS or for your visa application, it should be the same as long as the substantive of the letter and not to mention it had been legalized by Notary or any legal form in your country.

Regards.....


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## sandeepraj (Dec 3, 2011)

Hi GUys,
I approached the HR and they are not going to give a letter on their letter head.
I then approached my manager who can sign a statutory declaration in his personal capacity.
Please let me know 

A STATUTORY decl. signed by manager...WOULDN'T it confuse the DIAC guys since they would assume, if manager can sign, why cant he give it on a letter head..if he cant , then what proves that he is the manager?

please advice.


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## MaddyOZ (Aug 16, 2011)

sandeepraj said:


> Hi GUys,
> I approached the HR and they are not going to give a letter on their letter head.
> I then approached my manager who can sign a statutory declaration in his personal capacity.
> Please let me know
> ...


Sandeep - It seems you are confused n restless over this process keep cool first. 

Most of the companies won't provide any letter stating your duties and responsibilities at request. Unless its officially reqd for a project purpose. So thats the very reason statutory declaration is reqd. to be enclosed along with reference letter given by your superior. This letter is accepted by DIAC as well as ACS of course.

So go ahead and get it from your manager and get the notarized statutory declaration as well to submit to ACS. 

Good Luck. All the best !!!

Sent from my ipad using Expat Forum


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## rajnirwan (Jan 22, 2012)

Maddy

Will
Self
Statutory declaration work if a person can't get it from employer or superior


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## sandeepraj (Dec 3, 2011)

rajnirwan said:


> Maddy
> 
> Will
> Self
> Statutory declaration work if a person can't get it from employer or superior


I tried that. they said they need references.
U can give it a try


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## karan_2891 (Mar 11, 2012)

Hi Maddy,

A quick Q. If my boss can give me a reference letter (in his personal capacity, i.e., not on a company letterhead), where should I get it printed and signed? On Stamp Paper? If yes, does only he need to sign or I need to sign as well? Lastly, does it need to be signed by a witness too, like in case of a statutory declaration?

Thanks for help.




MaddyOZ said:


> Sandeep - It seems you are confused n restless over this process keep cool first.
> 
> Most of the companies won't provide any letter stating your duties and responsibilities at request. Unless its officially reqd for a project purpose. So thats the very reason statutory declaration is reqd. to be enclosed along with reference letter given by your superior. This letter is accepted by DIAC as well as ACS of course.
> 
> ...


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## MaddyOZ (Aug 16, 2011)

karan_2891 said:


> Hi Maddy,
> 
> A quick Q. If my boss can give me a reference letter (in his personal capacity, i.e., not on a company letterhead), where should I get it printed and signed? On Stamp Paper? If yes, does only he need to sign or I need to sign as well? Lastly, does it need to be signed by a witness too, like in case of a statutory declaration?
> 
> Thanks for help.


Statutory declaration needs to be just signed by you and then get it attestes. Reference letter can be on a stamp paper if its nt provided on the letter head...just make sure you give the complete contact details of the person signing in the ref letter.

Good Luck. All the best!!!


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## Verma_u (Jan 31, 2012)

hi ,

I have some doubts.

1. Can ref letter be on plain paper along with the business card of the manager writing it?
2. If yes, Then. I would be needed to give Statutory declaration signed by me and then get it attested. M i right?

Thanks


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## sandeepraj (Dec 3, 2011)

Verma_u said:


> hi ,
> 
> I have some doubts.
> 
> ...



Both the reference letters need to be on stamp paper(if you are in india)
and both need to contain business details of the manager and the organization you worked for.

All the stamp papers need to be attested and NOTARIZED.....
Mind you, simple attestation may not work.


thanks
sandeepraj


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## Alwani (Oct 18, 2010)

Dear, All , please tell me if i have current employer given me every letter I need, do I still need statutory declration. My previous employer is out of bussiness do I submit it if so then whatn is the format.
By the way I have already from previous employer the appointment letter, job responsiblities and service reference letter. Do I still need statutory.


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## Verma_u (Jan 31, 2012)

sandeepraj said:


> Both the reference letters need to be on stamp paper(if you are in india)
> and both need to contain business details of the manager and the organization you worked for.
> 
> All the stamp papers need to be attested and NOTARIZED.....
> ...


Thanks for the info.
But none of them is ready to give on stamp paper. what can i do?


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## clerk85 (Sep 30, 2011)

Alwani said:


> Dear, All , please tell me if i have current employer given me every letter I need, do I still need statutory declration. My previous employer is out of bussiness do I submit it if so then whatn is the format.
> By the way I have already from previous employer the appointment letter, job responsiblities and service reference letter. Do I still need statutory.


Wait to hear from CO. Do u have any other supporting documents such as pay slips, salary bank statements, tax papers.... If you can provide any of these then I think it should be alright and CO might not ask any further documents. Best of luck and Inshallah you will not need


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## sandeepraj (Dec 3, 2011)

clerk85 said:


> Wait to hear from CO. Do u have any other supporting documents such as pay slips, salary bank statements, tax papers.... If you can provide any of these then I think it should be alright and CO might not ask any further documents. Best of luck and Inshallah you will not need


Plain papers might not work. They will come back and ask for the same on the company's letter head. 
I would suggest, you try to convince them that there is no harm and they rarely contact anyone. the sole purpose is to have a business email, phone number and verifiable address of the company on the declarations.

However, if your CO accepts plain papers, please do let the forum know since many of them will benefit out of this.

thanks
sandeepraj


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## indian01 (Feb 29, 2012)

*Statutory Decalaration Act for India*

Hello All,

Please let me know what is the Act # for Statutory Declaration for India. Is it Statutory Declaration 1952? All who has used Statutory Declaration from India please share the Act number.

Thanks.


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## anj1976 (Apr 24, 2008)

got the stat dec hat we sent, starting another thread with the exact format, you can copy and fill the blanks


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## LoveAusi (Jul 24, 2012)

rajnirwan said:


> Maddy
> 
> Will
> Self
> Statutory declaration work if a person can't get it from employer or superior



Hi,
Did u got clarified whether Self Statutory declaration can be made or not?

in the link..http://www.ag.gov.au/Statutorydeclarations/Pages/Aboutstatutorydeclarations.aspx
I saw the below statements..
*Preparing your own form
You are allowed to prepare your own statutory declaration form, which differs from the standard form. However, you should get legal advice, to ensure that the resulting declaration is valid.*

But I read in some threads that self declaration is not allowed. Please clarify


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## Test (Jul 21, 2012)

anj1976 said:


> hi cintai
> 
> dont stress out urself.. stat dec is simple, search the forum for it and you will get a lot of info.
> 
> ...


Hello,
my apologies for picking up an ancient thread. 
I received similar email from the ACS
_Certified copy of detailed employer references on a company letterhead or on an official statutory declaration from COMPANY A & COMPANY B:clap2: 
Each employment reference must contain:
1 - Start & Finish Dates of Employment
2 - Description of Duties Performed
3 - Hours worked - Full time or Part time
4 - Country where Employment was Completed
5 - Company Letterhead and signed by the author
Please Note: ACS is unable to accept letters of appointment, self-statutory declarations or contracts as employment references.

We will place your skills assessment on hold for an extra 30 days. If no contact has been received from you by the ACS after this period, we will proceed to assess your application according to the existing documentation._
Questions I have are -
I already have attached the reference letters from both the companies (written by my senior colleagues) - when I began the process.
The letters were written on a plain paper, signed by them, had their contact information and i got copies of these letters notarized here in USA

But still, the above was the reply.
Can you please suggest any other way to convince them. I have the electronic pay stubs for one company and nothing as such for the other company. Have both the offer letters, though
Another question is, immediately after providing the additional documentation (or request them to ignore this experience from the assessment) - would the application be processed or would they hold it for 30 days?

Thanks, 
A new bie


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## sandeepraj (Dec 3, 2011)

Test said:


> Hello,
> 
> _Certified copy of detailed employer references on a company letterhead or on an official statutory declaration from COMPANY A & COMPANY B:clap2:
> Each employment reference must contain:
> ...


_


Statutory Document also means a Notraized StampPaper document . What i suggest is..
Get a Notarized Stamp Paper document and put the information in the order that they have mentioned. I had also got the same email but i resend them the statutory declaration with the information they have requested. This is a common email, so it doesnot mean that they dont like your PAPER. it simply means, that information might be lacking. Make 2 declarations per company. One from you, One from your collegue and manager. Also add a section to explain why you cannot provide references on company letter head. I had told them that, "There is no organizatoin policy to provide letters on the company letter head for visa purposes".
they accepted that and i got my assessment passed._


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## Test (Jul 21, 2012)

sandeepraj said:


> Statutory Document also means a Notraized StampPaper document . What i suggest is..
> Get a Notarized Stamp Paper document and put the information in the order that they have mentioned. I had also got the same email but i resend them the statutory declaration with the information they have requested. This is a common email, so it doesnot mean that they dont like your PAPER. it simply means, that information might be lacking. Make 2 declarations per company. One from you, One from your collegue and manager. Also add a section to explain why you cannot provide references on company letter head. I had told them that, "There is no organizatoin policy to provide letters on the company letter head for visa purposes".
> they accepted that and i got my assessment passed.


Thank you Sandeep!

Thanks!


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## Chetu (Jan 14, 2013)

anj1976 said:


> got the stat dec hat we sent, starting another thread with the exact format, you can copy and fill the blanks


Hi Anj , 

Can you point us here to the new thread you might have started , that will go a long way in helping us 


Thanks,
Chethan


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## hgura (Apr 6, 2013)

Hi,

My previous company has declined to give reference letter on company letter head.
So i need to prepared a statutory declaration. 
Can someone please send me format/sample of statutory declaration to hgura rediffmailcom

Thanks.
Hgura
India


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## rubonno1 (Nov 8, 2012)

For Statutory declaration , Does it needs to be signed by manager or senior in the same department. Example, I am from system engineer and my manager sits in US but in India I am reporting to VP , Sales and working with him. Can I get the statutory declaration signed by Indian colleague or VP Sales. Bcoz it will be difficult and costly to get it from US Manager.


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## Chetu (Jan 14, 2013)

rubonno1 said:


> For Statutory declaration , Does it needs to be signed by manager or senior in the same department. Example, I am from system engineer and my manager sits in US but in India I am reporting to VP , Sales and working with him. Can I get the statutory declaration signed by Indian colleague or VP Sales. Bcoz it will be difficult and costly to get it from US Manager.


Yes , ACS guidelines say anybody who you are reporting to and is at least two levels higher in the hierarchy .


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## joy_87 (May 30, 2016)

Hi All,

I do have an experience letter of my previous employment(dated 2011 during my resignment) which has all the details mentioned in the reference letter format except Full time employment. However the Full time employment is clearly specified in the Offer letter. Would they accept to have these details verified in two different docs? Please assist to understand the process.


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## niceguy1 (Jul 25, 2016)

Hi Cintai,

Will you be able to provide the format of Statutory declaration?


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