Statutory Declaration of Common-Law Union: Everything You Need to Know

If you are in a common-law relationship and planning to immigrate to Canada, you may need to complete a Statutory Declaration of Common-Law Union. This legal document is required by Immigration, Refugees and Citizenship Canada (IRCC) to prove that you are in a genuine and ongoing relationship with your partner. It is important to understand the purpose of this document and how to complete it correctly to avoid delays or rejection of your immigration application.

A Statutory Declaration of Common-Law Union is a legal document that serves as evidence of a common-law relationship between two people. In Canada, a common-law relationship is defined as a couple who have lived together for at least one year or more, and who have a committed and exclusive relationship. This document is required by IRCC for various immigration programs, including spousal sponsorship, family sponsorship, and permanent residency. By completing this document, you are declaring that you and your partner are in a genuine and ongoing relationship, and that you meet the eligibility requirements for your chosen immigration program.

Key Takeaways

Understanding Statutory Declarations

If you are in a common-law relationship, you may need to complete a statutory declaration of common-law union. A statutory declaration is a written statement that is signed and sworn to be true in the presence of a notary public or commissioner of oaths.

Definition of Statutory Declaration

A statutory declaration is a legal document that is used to declare something to be true. It is often used in situations where you need to provide evidence of something, such as your relationship status. In the case of a statutory declaration of common-law union, you are declaring that you and your partner are in a common-law relationship.

Role of Notary Public and Commissioner of Oaths

A notary public or commissioner of oaths is a person authorized by law to administer oaths and statutory declarations. They are responsible for verifying your identity, ensuring that you understand the contents of the statutory declaration, and witnessing your signature.

It is important to note that not all notaries public are authorized to administer oaths and statutory declarations. You should ensure that the notary public or commissioner of oaths you choose is authorized to perform this service.

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Common-Law Union in Canadian Immigration

If you are in a committed relationship with your common-law partner, you may be eligible to apply for permanent residence in Canada. A common-law union is a relationship between two people who have lived together for at least one year continuously and are not married to each other or in a conjugal relationship with anyone else.

Eligibility for Common-Law Union Status

To be eligible for common-law union status, you and your partner must meet the following criteria:

Evidence of Cohabitation

To prove that you are in a genuine and continuing relationship with your common-law partner, you must provide evidence of cohabitation. This evidence can include:

It is essential to provide as much evidence as possible to support your application. The more evidence you provide, the stronger your case will be.

In summary, a common-law union is a recognized relationship in Canadian immigration law. If you meet the eligibility criteria and can provide evidence of cohabitation, you may be eligible to apply for permanent residence in Canada with your common-law partner.

Completing the IMM 5409 Form

If you are in a common-law relationship and want to prove it to Immigration, Refugees and Citizenship Canada (IRCC), you will need to complete the Statutory Declaration of Common-Law Union form, also known as IMM 5409. This form is used to confirm that you and your partner are in a committed relationship and have been living together for at least 12 consecutive months.

Step-by-Step Instructions

To complete the IMM 5409 form, follow these steps:

  1. Download the form from the IRCC website in PDF format. You can use Adobe Reader to open and fill out the form.
  2. Fill out the top section of the form with your personal information, including your name, address, and date of birth.
  3. Fill out the same personal information for your partner in the section below yours.
  4. Answer the questions in the section titled “Details of Common-Law Union.” Make sure to provide accurate information about your relationship and living arrangements.
  5. Sign and date the form in the signature line section. Your partner should also sign and date the form in the section provided.

Signature Line and Personal Information

The signature line section of the IMM 5409 form is located on the second page. This is where you and your partner will sign and date the form. Make sure to sign in the designated areas and provide the date in the format of year, month, and day.

It is important to provide accurate personal information on the form, including your full name, address, and date of birth. This information will be used to verify your identity and confirm your relationship status.

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Supporting Documents for Common-Law Union

If you are in a common-law relationship and want to apply for certain benefits or immigration status, you will need to provide supporting documents to prove your relationship. These documents will help establish that you and your partner are in a genuine and exclusive relationship, and that you have been living together for a certain period of time.

Required Documentation

The most common document that is required to prove a common-law relationship is the Statutory Declaration of Common-Law Union. This document is a legal declaration that states that you and your partner have been living together in a conjugal relationship for at least 12 consecutive months. You can download this form from the Government of Canada’s website.

In addition to the Statutory Declaration of Common-Law Union, you will need to provide other supporting documents that demonstrate your relationship. These documents may include:

Additional Proofs of Relationship

If you do not have enough documentation to prove your common-law relationship, you may need to provide additional proofs of relationship. These may include:

Keep in mind that the specific documents that you need to provide will depend on the requirements of the agency or organization that you are applying to. Be sure to carefully review the application instructions and provide all required documentation to avoid delays or denials.

Legal Considerations

When it comes to statutory declaration of common-law union, there are certain legal considerations that you need to keep in mind. This section will discuss some of the important legal aspects you should consider.

Notarized Documents and Legal Fees

One of the most important legal considerations is the requirement for notarized documents. In order for your statutory declaration of common-law union to be recognized by the Canadian government, it must be notarized by a qualified notary public. This means that you will need to pay a fee to have your document notarized. The fee for notarization can vary depending on the notary public you choose, so it’s important to do your research and find a reputable notary who charges a reasonable fee.

Use of a Representative Form

Another important legal consideration is the use of a representative form. If you are using an immigration consultant or representative to help you with your statutory declaration of common-law union, you will need to fill out a Use of a Representative Form. This form authorizes your representative to act on your behalf and communicate with the Canadian government on your behalf. It’s important to choose a reputable and qualified representative to help you with your statutory declaration of common-law union.

In summary, when it comes to statutory declaration of common-law union, there are several legal considerations that you need to keep in mind. You will need to have your document notarized by a qualified notary public and pay a fee for this service. Additionally, if you are using an immigration consultant or representative, you will need to fill out a Use of a Representative Form to authorize them to act on your behalf. By keeping these legal considerations in mind, you can ensure that your statutory declaration of common-law union is recognized by the Canadian government.

Immigration Programs and Applications

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If you are planning to sponsor your common-law partner for permanent residence in Canada, you will need to complete a Statutory Declaration of Common-Law Union (IMM 5409) form. This form is required for all Family-Based immigration applications, including spousal sponsorships, and must be signed by both you and your partner.

Express Entry and Economic Classes

If you are applying for permanent residence through the Express Entry system, you will need to provide evidence of your common-law relationship. This can include the Statutory Declaration of Common-Law Union (IMM 5409), as well as other supporting documents such as joint bank account statements, lease agreements, and bills in both of your names.

In addition to the Express Entry system, there are other economic classes of immigration that you may be eligible for, such as the Provincial Nominee Program (PNP) or the Quebec Skilled Worker Program. Each program has its own eligibility requirements and application process, so it is important to research the program that best suits your situation.

Family-Based and Humanitarian Applications

If you are sponsoring your common-law partner for permanent residence through the Family-Based application process, you will need to complete the Statutory Declaration of Common-Law Union (IMM 5409) form. This form is also required for other Family-Based immigration applications, such as sponsoring your dependent child or parent.

If you are applying for permanent residence on humanitarian and compassionate grounds, you may also be required to provide evidence of your common-law relationship. This can include the Statutory Declaration of Common-Law Union (IMM 5409), as well as other supporting documents such as letters from family members, friends, or community leaders.

It is important to note that each immigration application is unique and requires careful consideration of the eligibility requirements and supporting documents. It is recommended that you consult with an immigration lawyer or consultant to ensure that your application is complete and accurate before submitting it to Immigration, Refugees and Citizenship Canada (IRCC).

Temporary and Permanent Residence

If you are in a common-law relationship and wish to apply for temporary or permanent residence in Canada, you will need to submit a Statutory Declaration of Common-Law Union (IMM 5409) along with your application.

Temporary Residence Visas and Extensions

If you are a temporary resident in Canada, such as a visitor or a worker, and you want to extend your stay, you may be able to include your common-law partner in your application. If your partner is already in Canada, they may be eligible for an open work permit. This will allow them to work for any employer in Canada while your temporary status is valid.

To be eligible for an open work permit, your common-law partner must have a valid visitor, student, or worker status in Canada. They must also meet the eligibility requirements for the work permit.

Permanent Resident Card and Status

If you are a permanent resident of Canada and want to include your common-law partner in your application for permanent residence, you will need to provide evidence of your relationship. This can be done by submitting a Statutory Declaration of Common-Law Union along with supporting documents.

Once your application is approved, you and your common-law partner will be issued permanent resident status and a Permanent Resident Card. The card is valid for five years and allows you to travel outside of Canada and return as a permanent resident.

It is important to note that if you and your common-law partner separate or divorce after you have been granted permanent residence, your partner may still be able to maintain their permanent resident status. However, this will depend on the circumstances of your separation and you should seek legal advice to understand your options.

In summary, if you are in a common-law relationship and wish to apply for temporary or permanent residence in Canada, you will need to submit a Statutory Declaration of Common-Law Union along with your application. If you have any questions or concerns about the application process, you should consult with an immigration lawyer or a regulated immigration consultant.

Study and Work in Canada

If you are planning to study or work in Canada with your common-law partner, you will need to apply for a permit. In this section, we will discuss the process of applying for a student or worker permit and how the Statutory Declaration of Common-Law Union can be used to prove your relationship.

Student Permit Applications

To apply for a student permit, you and your common-law partner will need to provide proof of your relationship. This can be done by submitting the Statutory Declaration of Common-Law Union form [IMM 5409], along with supporting documents such as joint bank account statements, shared lease agreements, and photos of you and your partner together. It is important to note that you may also need to provide additional documents to support your application, such as a letter of acceptance from a designated learning institution (DLI) and proof of financial support.

Once you have gathered all the necessary documents, you can submit your application online or in person at a Canadian visa office. Processing times vary depending on the country you are applying from, so it is important to check the current processing times before submitting your application.

Worker Permit Applications

If you and your common-law partner plan to work in Canada, you will need to apply for a work permit. Similar to the student permit application process, you will need to provide proof of your relationship using the Statutory Declaration of Common-Law Union form [IMM 5409] and supporting documents.

In addition to proof of your relationship, you will also need to provide a job offer from a Canadian employer and a Labour Market Impact Assessment (LMIA) or other proof that your employer has been exempted from the LMIA requirement. It is important to note that some work permits may also require additional documents, such as a medical exam or a police certificate.

Once you have gathered all the necessary documents, you can submit your application online or in person at a Canadian visa office. Processing times vary depending on the country you are applying from, so it is important to check the current processing times before submitting your application.

In summary, applying for a student or worker permit in Canada with your common-law partner requires providing proof of your relationship using the Statutory Declaration of Common-Law Union form [IMM 5409] and supporting documents. It is important to carefully review the requirements for your specific permit and gather all necessary documents before submitting your application.

Immigration, Refugees and Citizenship Canada

If you are applying for immigration to Canada as a common-law partner, you will need to provide proof of your relationship. Immigration, Refugees and Citizenship Canada (IRCC) is the government agency responsible for processing immigration applications. They play a crucial role in verifying common-law relationships.

Role in Common-Law Union Verification

IRCC plays a crucial role in verifying common-law relationships. They require applicants to submit a Statutory Declaration of Common-Law Union (IMM 5409) along with supporting documents to prove their relationship. IRCC will review the documents and determine if the relationship meets the definition of a common-law partnership.

IRCC may also conduct interviews with the applicant and their partner to verify the relationship. They may ask questions about how long the couple has been living together, their shared finances, and other aspects of their relationship.

Contacting IRCC for Assistance

If you have questions about the common-law partnership application process or need assistance with your application, you can contact IRCC. They offer a variety of resources to help applicants, including a call centre and online tools.

To contact IRCC, you can visit their website or call their toll-free number. You can also visit a local IRCC office for assistance. IRCC recommends that you check their website for the most up-to-date information before contacting them.

Overall, IRCC plays a critical role in verifying common-law relationships for immigration purposes. By submitting the required documents and working with IRCC, you can demonstrate that you meet the requirements for immigration as a common-law partner.

Frequently Asked Questions

What constitutes a common-law partnership for legal purposes?

A common-law partnership, also known as a common-law union, is a relationship between two people who live together in a conjugal relationship but are not legally married. In Canada, a common-law partnership is recognized as a legal status and is subject to certain legal rights and responsibilities. Generally, a common-law partnership is established when two people have lived together for at least 12 consecutive months.

What are the steps to legally declare a common-law partnership?

To legally declare a common-law partnership, you must meet the requirements of your province or territory. Generally, you will need to provide evidence that you have lived together for at least 12 consecutive months and that you have a committed and exclusive relationship. You may need to provide documentation such as bills, bank statements, and joint leases or mortgages. You may also need to sign a declaration of common-law partnership or obtain a common-law relationship certificate.

How can one complete the statutory declaration of a common-law union form?

To complete the Statutory Declaration of Common-law Union form, also known as form IMM 5409, you will need to provide information about yourself and your common-law partner. You will need to provide your full legal name, date of birth, and address, as well as your partner’s full legal name, date of birth, and address. You will also need to provide information about your relationship, including the date you began living together and the nature of your commitment. The form must be signed by both partners and witnessed by a notary public or commissioner of oaths.

What documentation is required to obtain a common-law relationship certificate?

The documentation required to obtain a common-law relationship certificate may vary depending on your province or territory. Generally, you will need to provide evidence that you have lived together for at least 12 consecutive months and that you have a committed and exclusive relationship. You may need to provide documentation such as bills, bank statements, and joint leases or mortgages. You may also need to sign a declaration of common-law partnership or obtain a statutory declaration of common-law union form.

Can a statutory declaration of common-law union be signed by only one partner?

No, a statutory declaration of common-law union must be signed by both partners in the presence of a notary public or commissioner of oaths. The purpose of the form is to provide evidence of a committed and exclusive relationship between two people who are living together in a conjugal relationship but are not legally married.

Is notarization required for a statutory declaration of common-law union?

Yes, a statutory declaration of common-law union must be signed in the presence of a notary public or commissioner of oaths. The notary public or commissioner of oaths will verify the identity of both partners and witness the signing of the form. The purpose of notarization is to provide assurance that the information provided on the form is accurate and truthful.