Looking for a way to sponsor your common-law partner in Canada? Then, filing the statutory declaration of the common law union can be your ultimate way.
It allows you to claim your common-law partner in their immigration applications. Let’s know how to fill the statutory declaration of a common-law union?
What is the Statutory Declaration of the Common Law Union?
The statutory Declaration of Common-Law Union is a way of claiming your law partner during immigration application. The form is also known as IMM 5409 form.
A couple can add a common-law partner to the immigration form through this application process. It can be used in various application schemes such as family-based immigration or temporary residence visas.
Through these programs, you can easily sponsor your common-law partner to migrate to Canada for a Canadian PR.
When your partner is co-signing the sponsorship application, they would require to take an oath. The Commissioner of Oaths usually witnesses this situation. Hence, it’s very important to swear and affirm an IMM5409 or Statutory Declaration of Common-Law Union.
Read More: Statutory Employment Rights in Canada
Eligibility to Fill the Statutory Declaration of a Common-law Union
There are some eligibility criteria to file this form. You must prove that your relationship is genuine and committed to each other. Also, you need to show that you’re living together for more than 1 year with your common-law partner before applying for sponsorship.
Further, the officials can ask you to show shared utility bills, a lease, or a letter from your landlord. Usually, these documents allow the authority to understand how long you and your partner lived together.
The public official may also determine your relationship nature. This way, they would try to understand whether your relationship would last long. They can also ask for banking, tax or employment records to find the addresses. For instance, joint debts or assets, social media posts, will with beneficiary names, etc. However, these documents aren’t compulsory.
Here are some common examples of evidence that may help you in this regard:
- Properties that are owned jointly, excluding your residence
- A joint mortgage, purchase agreement or lease to your residence
- Joint trust, credit card, banks, or credit union accounts
- Whether you’ve been declared as a common-law union through the Canada Income Tax Act
Affirming and Swearing
As mentioned, you must affirm or swear in front of the Commissioner of Oaths for a notary public or take affidavits. You should know that lying under oath is a criminal offence. So, make sure that you’re providing valid information.
However, the rule has changed these days. You require an in-person witness and sign a sworn statement. Attorney General Ministries permit notaries and lawyers to witness the couple before signing sworn statements. Hence, you can book your slot online after you complete the declaration.
Who Needs to Fill Out the Form?
You may require to submit IMM 5409 form when the document checklist asks for it while applying. It would be best to submit the form with the application. However, this can be done when there is an impact on your relationship in any way.
In most cases, people submit it when seeking relationship-based immigration benefits. For instance, you can include IMM5409 when sponsoring your partner for P.R., Express Entry, or PNP applications.
You can also use this Statutory Declaration of Common-Law Union if you’re a temporary resident. However, you need to prove your common-law relationship. By doing so, you can receive all the benefits like married spouses. One common benefit is that skilled workers’ spouses can get an open work permit.
For instance, you can file IMM5409 as an international student, and your common-law partner will accompany you. Also, this is helpful for people who want to spend a little more time with their common-law partner.
However, you should meet the following three criteria:
- You were in the common-law relationship for more than 12 months ( in or out of Canada)
- You are jointly involved in personal affairs
- You will stay together permanently.
N.B: It is compulsory to stay together for 12 months or more to meet cohabitation. Even if you separate later, for work purposes, you will still be a common-law couple.
How to Fill the Statutory Declaration of Common-law Union
Here are the steps to fill out the statutory declaration of common-law union form.
- You should meet all the requirements of common law criteria
- Complete the form, and sign and date the paper in the presence of a public official. You can fill the form with black ink or type it.
- It is compulsory to use the legal name in the passport.
- Mention the start and end date of the time you were in a relationship. Make sure that you have a continuous relationship without any separation. The start date is the day you two moved in together, not the day you were dating.
- Ensure both of you can still live together while signing the declaration form. You can put the end date as “to present” or the date you’re signing the form. You may have more than one cohabitation time, so you must mention the most recent time in the form.
- Answer all the questions available in the box 1 and 2; there are yes/no questions.
- Finally, meet a public official together to sign the paper. The public officials or Commissioner for Oaths usually stay in the Registry office or City hall.
What If a Partner is in Another Place?
You might live with your partner for 12 months and stay separate when signing IMM5409. In such cases, you will still be considered as common-law partners. However, you need to prove that your relationship is continuing. Plus, signing separately would be a better option to avoid any issues.
In the form, both of you are “Declarant” in Box 5. Hence, you can avoid filling the second line. However, you and your partner should submit your papers to the public official to get signed. Later, attach the signed papers with the application.
By now, you know how to fill the statutory declaration of the common-law union. This form is very important when you’re sponsoring your common-law partner. You might face difficulty proving your relationship. So, it would be best to take the help of a professional if you want to avoid problems.
Frequently Asked Questions
Do I need to fill IMM 5409?
IMM5409 A Statutory Declaration of Common-Law Union IMM 5409 form must be completed by your spouse or common-law partner if they are co-signing your CIC sponsorship application. Please be aware that a common-law partner is someone who is not legally wed to another person.
What is Declaration of common-law Union?
People who want to include their common-law spouse in their immigration petitions utilize the Statutory Declaration of Common-Law Union, Form IMM 5409. This form can be used for a number of purposes, including: applications for immigration based on family. Visas for temporary residence. Extensions of visas.
How do I get a Statutory Declaration in Canada?
A statutory declaration may be witnessed by an Ontario notary public, attorney, commissioner of oaths, or judge of the peace. Members of Parliament or law enforcement officers, as well as other licensed professions including engineers, doctors, and accountants, can sign documents.
What do you write in a statutory declaration?
Your full name, address, occupation, A statement that you do solemnly and sincerely declare, The things you say are true.