CIC Requesting IMM5409 - Confused?

[iNick89]

Hi all,

My American partner and I received an e-mail from CPC-O today, asking for a few items to continue processing our application. They are asking for:

1) A photocopy of his American passport
2) The completed IMM5409 form (Statutory declaration of common law)

We are totally confused - in the document checklist, it states that IMM5409 is only to be filled out if our application has a co-signer on it. Since I am sponsoring my partner, he cannot be the co-signer, and I had previously specified on our application that there IS NO CO-SIGNER.

Does anyone have any clue why CIC would be requesting this form from us? I can't even fill it out properly, because my partner does not live in Canada right now, and the way the form is laid out, there's only 1 spot for address/country for both of us.

Anyone have any insight?

Thanks in advance!

 

[hillaryh]

I have yet to submit my application, but from my research it seems as though even if something doesn't apply to you you still need to include it and write "NA". Or write "NA" on the checklist. Hopefully someone can confirm 100%..

 

[canuck_in_uk]

We are totally confused - in the document checklist, it states that IMM5409 is only to be filled out if our application has a co-signer on it. Since I am sponsoring my partner, he cannot be the co-signer, and I had previously specified on our application that there IS NO CO-SIGNER.

Does anyone have any clue why CIC would be requesting this form from us? I can't even fill it out properly, because my partner does not live in Canada right now, and the way the form is laid out, there's only 1 spot for address/country for both of us.

CIC does sometimes request it for a common-law sponsorship.

You can respond to the email asking for clarification as to why it was requested when there is no co-signer and explaining why it isn't possible to fill it out; CIC may decide they don't need it. Or one of you can make the trip to see the other and get the form filled out.

 

[iNick89]

CIC does sometimes request it for a common-law sponsorship.

You can respond to the email asking for clarification as to why it was requested when there is no co-signer and explaining why it isn't possible to fill it out; CIC may decide they don't need it. Or one of you can make the trip to see the other and get the form filled out.

Thanks for the response.

My partner replied to the e-mail. We will also call tomorrow morning to ask what's up... Bah!

 

[hillaryh]

I misread your question, I apologize!

 

[Alurra71]

Hi all,

My American partner and I received an e-mail from CPC-O today, asking for a few items to continue processing our application. They are asking for:

1) A photocopy of his American passport
2) The completed IMM5409 form (Statutory declaration of common law)

We are totally confused - in the document checklist, it states that IMM5409 is only to be filled out if our application has a co-signer on it. Since I am sponsoring my partner, he cannot be the co-signer, and I had previously specified on our application that there IS NO CO-SIGNER.

Does anyone have any clue why CIC would be requesting this form from us? I can't even fill it out properly, because my partner does not live in Canada right now, and the way the form is laid out, there's only 1 spot for address/country for both of us.

Anyone have any insight?

Thanks in advance!

Did you file a common law application or are you married?

The Form 5409 is literally a declaration that you and your common law spouse would sign in front of a notary to help prove your common law status. It has NOTHING to do with co-sponsors so I am not sure where you picked up that information.

Also, if they are asking for this form and a copy of his passport, they are likely ready to issue his COPR and just need these documents on file to release it.

Good luck.

 

[bbcj]

MM5409 is only to be filled out if our application has a co-signer on it

I had also read that part but I had included it. On my visitor extension it says include it with no mention of 'co-signer' on it. There is an email contact for Ottawa for inland and US applications: http://www.cic.gc.ca/english/information/offices/canada/ottawa.asp

Good luck.

 

[iNick89]

Did you file a common law application or are you married?

The Form 5409 is literally a declaration that you and your common law spouse would sign in front of a notary to help prove your common law status. It has NOTHING to do with co-sponsors so I am not sure where you picked up that information.

Also, if they are asking for this form and a copy of his passport, they are likely ready to issue his COPR and just need these documents on file to release it.

Good luck.

Thanks for the info!

I actually got the information right from the document checklist - this is what it says:

5) Original of completed Statutory Declaration of Common-Law Union (IMM 5409), if you have a co-signer and he or she is your common law partner.

Since my partner is NOT a co-signer because he his being sponsored, it seemed as though we did not have to include this form.

My partner actually called CIC today, and they told him that they know the instructions are unclear and sound contradictory, but they do in fact need this form if we are not married. So that's the explanation!

Thanks for your input and help!

 

[Yaak]

Can some of the more experienced members here shed any light on whether the IMM5409 is a firm requirement for all common-law applications (i.e. common law applications cannot and do not proceed without it) or whether it falls within that broad and murky discretionary scope of the individual VO (i.e., sometimes it is asked for, and sometimes it isn't)? I ask this as an American common law applicant with a Canadian citizen sponsor who read the instructions in their literal meaning and noted N/A on the document checklist. Our sponsorship was approved without the form, and now awaits action in Ottawa. Thanks,

 

[Ponga]

Can some of the more experienced members here shed any light on whether the IMM5409 is a firm requirement for all common-law applications (i.e. common law applications cannot and do not proceed without it) or whether it falls within that broad and murky discretionary scope of the individual VO (i.e., sometimes it is asked for, and sometimes it isn't)? I ask this as an American common law applicant with a Canadian citizen sponsor who read the instructions in their literal meaning and noted N/A on the document checklist. Our sponsorship was approved without the form, and now awaits action in Ottawa. Thanks,

MANY common-law couples have been approved without this `optional' form. This appears to be the sole discretion of the visa officer that works on your application, and whether or not s/he simply WANTS to see it.

 

[canuck_in_uk]

The Form 5409 is literally a declaration that you and your common law spouse would sign in front of a notary to help prove your common law status. It has NOTHING to do with co-sponsors so I am not sure where you picked up that information.

It is EVERYTHING to do with having a co-sponsor, as clearly stated by CIC.

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

Statutory Declaration of Common-Law Union (IMM 5409)
Who must complete this form?

This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application

Can some of the more experienced members here shed any light on whether the IMM5409 is a firm requirement for all common-law applications (i.e. common law applications cannot and do not proceed without it) or whether it falls within that broad and murky discretionary scope of the individual VO (i.e., sometimes it is asked for, and sometimes it isn't)?

Most common-law applicants are approved without this form; it is rarely requested. It is most definitely in the "broad and murky discretionary scope of the individual VO".

 

[Yaak]

Thank you Ponga and canuck_in_UK for your prompt and concise replies. I shan't give the form another thought (unless and until our application lands on the desk of one of the rare VO's who thinks they need to have it)

 

[iNick89]

Ugh!

I wish it wasn't requested from my partner and myself LOL... More $$$ spent on notaries, and express mailing!

Sigh ;D

 

[Yaak]

I clearly spoke too soon. I just received an email from CPC-O requesting additional materials:

"In order to continue processing your application, the following is required:

- IMM 5409—Statutory Declaration of Common-law Union form: please provide a signed and completed Statutory Declaration of Common-Law Union form (IMM 5409) bearing original signatures.

- Two (2) passport-size photographs. (Photographs must conform to the Permanent Resident Card Photo Specifications.)

- Indicate your current mailing address."

So we will complete the form, get it notarized, and send it off ASAP -- along with two more photos to join the four I already sent with the application. But we're pleased. They're working on our application 26 days after SA

 

[Alurra71]

It is EVERYTHING to do with having a co-sponsor, as clearly stated by CIC.

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

Statutory Declaration of Common-Law Union (IMM 5409)
Who must complete this form?

This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application


Most common-law applicants are approved without this form; it is rarely requested. It is most definitely in the "broad and murky discretionary scope of the individual VO".

I looked up the form itself. On the form itself it says nothing about co-sponsorship. It is simply a statement of common law union signed in front of a notary, nothing more, nothing less.

As CIC themselves has said, the directions are ambiguous at best. When in doubt about this crap, I say look at the form and if it's not in direct contradiction with what you are trying to do, then sign the stupid thing and send it back.

OR you can play email tag and waste valuable time. *shrugs*