Affidavit Of Not Having Passport Template for England and Wales
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What is a Affidavit Of Not Having Passport?
An Affidavit of Not Having Passport is a formal sworn statement used in England and Wales to confirm that a person does not currently hold a valid passport. Sworn before a solicitor or commissioner for oaths under the Oaths Act 1978, it carries the same legal weight as oral sworn testimony. It's commonly used in immigration, financial, and family proceedings where a passport cannot be produced as identity evidence.
Frequently Asked Questions
What is an Affidavit of Not Having Passport in England and Wales?
It's a written sworn statement made before a solicitor or commissioner for oaths confirming that a named individual does not hold a valid British passport. Courts, government bodies, and some employers accept it as formal evidence of this fact.
Who can administer the oath for this affidavit?
A solicitor, commissioner for oaths, or notary public authorised to practise in England and Wales can administer the oath. Some court offices also have officers who can swear in deponents for certain proceedings.
When would someone need this document?
Common uses include immigration applications, right-to-work checks, financial account opening, and family court proceedings where identity evidence is needed but no passport is available. Local authorities sometimes request it for housing or benefit applications too.
Is this affidavit accepted by the Home Office?
The Home Office may accept a sworn affidavit as supporting evidence in certain visa or settlement applications, but it is rarely sufficient on its own. Always check the specific guidance for the application in question before relying on it.
Does the affidavit need to be notarised?
For purely domestic use in England and Wales, administration by a commissioner for oaths is sufficient. If the document is to be used abroad, it may need notarisation and possibly an apostille from the Foreign, Commonwealth and Development Office.
What details should the affidavit include?
It should state the deponent's full name, date of birth, current address, the reason a passport is not held, and the date and place of swearing. The administering officer's details and signature must also appear on the document.
What is the cost of swearing an affidavit in England and Wales?
Solicitors typically charge around 5 to 10 pounds per affidavit, though some charge a flat appointment fee. Court office fees are set by court rules and are generally modest. Prices vary, so it's worth confirming the fee before your appointment.
Can a false affidavit lead to prosecution?
Yes. Under the Perjury Act 1911, knowingly making a false statement in a sworn affidavit is a criminal offence carrying a sentence of up to seven years' imprisonment. It's important to ensure every statement in the affidavit is accurate.
About the Affidavit Of Not Having Passport
An Affidavit Of Not Having Passport is a sworn statement that legally declares your passport status when official verification is required. This document serves as formal proof that you either have never possessed a U.S. passport or need to clarify your current passport situation for various legal, immigration, or administrative purposes.
When do you need this document?
You typically need this affidavit when applying for certain immigration benefits, participating in legal proceedings where passport status is relevant, or completing government applications that require proof of non-possession of travel documents. Immigration attorneys often request this document when clients are applying for naturalization, adjustment of status, or other USCIS processes. Courts may require it in custody cases involving international travel restrictions, and some employment verification processes mandate passport status declarations. Financial institutions occasionally request this affidavit for anti-money laundering compliance or when establishing accounts that involve international transactions.
Key legal considerations
This affidavit is a sworn statement subject to federal perjury laws under 18 U.S.C. § 1621, making false declarations a serious criminal offense punishable by fines and imprisonment. You must provide accurate personal information including your full legal name, date of birth, and current address. The declaration statement must clearly specify whether you have never had a passport, if your passport has expired, been lost, stolen, or revoked. You should include the specific reason why you're making this affidavit and list any alternative forms of identification you possess. The verification statement confirms that you understand the legal consequences of making false statements under penalty of perjury.
Legal requirements in United States
Under federal law, this affidavit must be properly notarized according to your state's notary requirements, or alternatively, you can use an unsworn declaration under 28 U.S.C. § 1746 in certain circumstances. The Immigration and Nationality Act (INA) governs passport-related matters and may impact how this affidavit is used in immigration contexts. State notary laws vary but generally require the affiant to appear before a commissioned notary public with proper identification. The notary must verify your identity, witness your signature, and complete the notarial certificate. Some jurisdictions accept alternative verification methods, but traditional notarization remains the most widely accepted approach. You should retain copies of the executed affidavit and ensure the requesting authority receives the original notarized document when required.
GOVERNING LAW
Applicable law
This Affidavit Of Not Having Passport is drafted to comply with England and Wales law. Key legislation includes:
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