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How to Fill Statutory Declaration of Common Law UnionHow to Fill Statutory Declaration of Common Law Union

How to Fill Statutory Declaration of Common Law Union?

Living in a common-law relationship has unique circumstances. Couples often need legal recognition for their living. For that, a Statutory Declaration of Common-Law Union (IMM5409) acts as a powerful document. If you need to prove your common-law status for immigration purposes, you must submit the form in time. Therefore, our guide will describe how to fill the statutory declaration of the common law union.

What is a Common Law Partner?

A common-law partner is someone you are in a marital relationship with. It is considered similar to a marriage without a formal ceremony.  You must have lived together continuously for at least 12 months to be considered common law in Canada.

What is the Statutory Declaration of the Common Law Union?

Primarily, the Statutory Declaration of Common-Law Union (IMM5409) is used for immigration purposes in Canada. It allows common-law partners to declare their relationship under oath, providing proof of their union to Immigration, Refugees and Citizenship Canada (IRCC).

Eligibility to Fill the Statutory Declaration of a Common Law Union

Only common-law partners who must prove their relationship for immigration purposes can fill out the IMM5409 form. This could be for sponsoring a partner’s immigration application, claiming certain benefits, or establishing eligibility for specific programs.

Who Needs to Fill Out the Form?

Both common-law partners need to fill out and sign the IMM5409 form. The information provided by each partner will be verified.

How to Fill the Statutory Declaration of Common law Union?

IMM5409 form from the Canadian government website.jpg

Follow these steps to complete the form submission without any difficulties:

  • Download the IMM5409 form from the Canadian government website: 
  • You can complete the form electronically or by hand using black ink.
  • Ensure all information provided, including names, dates of birth, and cohabitation details, are accurate and match your government-issued IDs.
  • Include the start and end dates of your continuous cohabitation.
  • Gather supporting documents like joint bank statements, utility bills, lease agreements, or other proof of cohabitation.
  • Both partners must sign and date the form in the presence of a commissioner of oaths or notary public.

If you want to submit the form with more safety and accuracy, contact an experienced lawyer with immense experience in this area.

Eligibility to Fill the Statutory Declaration of a Common law Union

There’s no formal “eligibility” to fill out this form.  But, to be considered common-law partners, you and your partner must have:

  • Lived together for at least 1 year in a marital relationship (like a married couple).
  • Been 18 years old or older throughout the relationship.

Officials may request documents to verify cohabitation, such as:

  • Shared bills (utilities, rent) with both names.
  • Jointly owned property (excluding residence) or a joint lease.
  • Other evidence of a lasting relationship.
  • Joint bank accounts, credit cards, etc.
  • Life insurance with each other as beneficiaries.

These documents are not mandatory but are helpful. Examples include:

  • Jointly owned property (excluding residence).
  • Joint lease agreement or mortgage.
  • Joint bank accounts, credit cards, etc.
  • Shared utility bills with both names.
  • Having children together.
  • Being declared common law under the Canada Income Tax Act.

How to Fill out the IMM5409 form if the Partner is at Another Place?

You can still be considered common-law partners if you have lived together for at least 12 months but are currently separate when signing the IMM5409 form. You will need to provide evidence that your relationship is ongoing. Signing the form separately is recommended to avoid any issues. 

Here’s what to do:

Gather Proof of Ongoing Relationship

  • Show regular communication (phone records, emails).
  • Visit each other frequently (travel documents).
  • Maintain shared finances (bank statements).
  • Have plans together (trip bookings, event tickets).

Sign the IMM5409 Separately

Both partners are listed as ‘Declarant’ (Box 5). While the second line can be left blank, submit both forms for separate signatures by a notary public.

Attach Signed Forms

Include both signed declarations with your application.

Where can Someone get the Statutory Declaration of Common-law Union IMM5409 Verified?

The IMM5409 form must be witnessed and signed by a commissioner of oaths or a notary public. You can find them at banks, courthouses, or government offices. They can testify to your documents related to finances, banks, estates, deeds, and so on.

Conclusion

Filling out the Statutory Declaration of the Common-Law Union can be straightforward with the right information. Following these steps and ensuring all details are accurate, you can complete the IMM5409 and provide proof for your common-law relationship. Contact us for more information and assistance in filling out your Statutory Declaration of Common-law Union form. We have expert family lawyers to provide legal support.

FAQs

Do I Need to Fill IMM 5409?

Yes, you might need to fill out the IMM 5409 form if you want to include your common-law partner in your application for Canadian immigration. It’s a Statutory Declaration of Common-Law Union used to prove your relationship to Immigration, Refugees and Citizenship Canada (IRCC).

What is the Declaration of the Common Law Union?

There isn’t a “Declaration of Common Law Union” itself. It’s a legal document often used in some countries like Canada. The document confirms that a couple has been living together in a committed relationship, similar to marriage. It provides evidence of their common-law partnership for immigration or claiming benefits.

How do I Get a Statutory Declaration in Canada?

In Canada, you can complete a Statutory Declaration yourself. But, it must be witnessed by a notary public, commissioner of oaths, or other authorized person. You can find a blank declaration online or visit a notary public office. Briefly state your facts, sign it, and have it witnessed for it to be official.

Do Couples have to Sign the Statutory Declaration Together?

No, you can sign it separately in front of a notary public. This is recommended if you’re currently living apart. Just remember to submit both signed declarations with your application.

What Happens after Submitting a False Declaration?

Making a false Statutory Declaration is a serious offence and could lead to immigration application rejections or even legal consequences. So, check all information provided is accurate and truthful.

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