Today we will dive into the pond to know what is the Statutory Declaration of Common-Law Union. The Statutory Declaration of Common-Law Union is a perfect scope for individuals in common-law relationships in Canada.
Using a Statutory Declaration, couples can establish their union for immigration, benefits, and property rights. Let’s get to the definitions and application process of the Statutory Declaration of Common-Law Union!
What is a Statutory Declaration?
A statutory declaration is a legal document where you swear to the truthfulness of the statements you make within it. That means it is similar to a statement of oath regarding the relationship.
Mostly, it is used as evidence in legal proceedings. In-depthly, the IMM 5409 form is a specific type of statutory declaration used to establish a common-law relationship for immigration purposes.
What is a Common-law Partner?
In Canada, a common-law partner is someone you have lived with in a conjugal relationship for at least 12 consecutive months. This relationship must be similar to a marriage. So you share everything in life like a married couple.
To become eligible as a common-law partner, the couple has to fulfill some requirements per provincial law. As a result, they will have tax purposes, parental rights, hospital access and decision-making for your partner, spousal sponsorship for immigration, and some employee benefits.
What is a Statutory Declaration of Common-Law Union?
Statutory Declaration of Common-Law Union is also known as an IMM 5409 form. The IMM 5409 is a formal document confirming your common-law status. It details the nature and duration of your relationship. It also provides evidence to immigration authorities to recognize your partner as a family member for sponsorship applications, visas, and other immigration procedures.
How Can I Prove My Common-Law Relationship During Immigration?
While the IMM 5409 is helpful, it’s not the only proof of your common-law relationship.
Immigration officials may also consider six additional pieces of evidence—
- Joint bank accounts, leases, or mortgages
- Shared bills and utilities
- Combined insurance policies
- Travel documents showing you have travelled together
- Affidavits from friends or family to confirm your relationship
- Eligibility to Fill the Statutory Declaration of a Common-law Union
To file the IMM 5409, you and your partner must meet four criteria—
- You have lived together in a conjugal relationship for at least 12 consecutive months.
- Neither of you are married or in another common-law relationship.
- You’re both over 18 years old.
- You’re applying for immigration benefits within Canada, or one of you is applying to come to Canada as your sponsored family member.
How Should I Fill Out The IMM 5409?
The IMM 5409 form is available online on this page on the Government of Canada’s website. It’s essential to read the instructions carefully and answer all questions honestly. You must provide accurate details about your relationship, including the dates and financial responsibilities.
IMM5409 Form
Who Needs to Fill Out the Form?
Both you and your common-law partner must sign and complete the IMM 5409 form. Each of you must swear to the truthfulness of the information before a commissioner of oaths or other authorized person.
There are two main contexts to fill out the form. 1. Immigration application, 2. Canadian pension plans. Other situations can be renting an apartment together and obtaining joint bank accounts.
1. Immigration Applications
- Spousal sponsorship: You must complete and submit the IMM 5409 form to sponsor Canadian residency.
- Other immigration applications: The IMM 5409 may also be required for other immigration applications where you must apply for citizenship or visitor visas based on your partner’s status.
2. Canadian Pension Plan (CPP) Survivor Benefits
If you’re applying for CPP survivor benefits as the common-law partner of a deceased contributor, you may need to complete a Statutory Declaration of Common-Law Union (ISP-3004 or ISP-3104) form, depending on your circumstances. This helps verify your cohabitation and relationship with the deceased.
Who Can Witness My Statutory Declaration?
The witnesses for your Statutory Declaration will include lawyers, notaries public, peace officers, and government officials authorized to take oaths. But it cannot be your common-law partner or a family member.
In Canada, who can witness your statutory declaration depends on whether you’re completing a Commonwealth or a provincial/territorial declaration. Since January 1, 2024, you have two options:
In-person with an approved witness
This could be anyone listed in Schedule 1 of the Statutory Declarations Regulations 2023. Some examples include:
- Lawyers, including enrolled practitioners without a practicing certificate
- Justices of the peace
- Notaries public
- Medical practitioners, dentists, chiropractors, midwives
- Financial advisers
- Police officers of certain ranks
- Members of Parliament or provincial/territorial legislatures
- Public servants in specific positions
For provincial/territorial statutory declarations
The requirements vary depending on the specific province or territory. You can usually find a list of authorized witnesses on the government website of your jurisdiction. Some common examples include:
- Commissioners of oaths
- Notaries public
- Lawyers
- Justices of the peace
- Certain government officials,
Tips For When to Seek Professional Advice
Immigration laws can be complex, and navigating the Statutory Declaration process might feel inevitable. Consider seeking professional advice from an immigration lawyer under the following conditions:
- Your situation is unique or complex.
- You have questions about eligibility or evidence requirements.
- You’re unsure how to complete the IMM 5409 form correctly.
Conclusion
The Statutory Declaration of Common-Law Union is significant in establishing your rights and responsibilities as a common-law partner. You may need it, particularly during immigration procedures.
You can sail smoothly through the process when you understand its purpose, eligibility criteria, and proper filing procedures. In addition, this form will let you enjoy the benefits of a common-law couple in Canada.
FAQs
How do I get a Statutory Declaration in Canada?
Download and complete the IMM 5409 form for your purpose. After that, print and sign the form in black ink and get your signature witnessed by an authorized person like a notary public, or lawyer. Finally, submit the completed form to the relevant authority.
Where someone can get the statutory declaration of common-law union IMM5409 verified?
The IMM 5409 cannot be “verified” in the traditional sense. Instead, a commissioner of oaths, notary public, or other official will witness your signatures and confirm them. This process certifies the declaration itself, not the truthfulness of its contents.
What If a Partner is in Another Place?
You have alternative options if your partner is located in a different place. Get separate forms, fill them out individually, and get your signature witnessed by an authorized person. Then, review the forms and send Immigration, Refugees, and Citizenship Canada (IRCC).
What do you write in a statutory declaration?
The content of a statutory declaration is a legal document of statements in any matter. A statutory declaration for a common-law relationship would detail the nature and duration of your partnership, whereas lost luggage might describe the missing item and circumstances.
How do I get a statutory declaration?
First, identify the purpose of this statement. Then, download the form, complete it, and indicate your full name, signature, and date. Find a notary public lawyer and present it to the witness. They will verify your identity and sign and stamp the form to submit to the requesting authority.
