Declaration of Common Law [5409] for Common Law Sponsorship

[ragnezza]

Hello,
I'm a Canadian citizenship and I'm about to sponsor my girlfriend who moved from Brazil in December 2017 with a tourist visa. We have been living together since December 1, 2017 but we are not married or in an official common law relationship. Here are my two questions:

1) I'm about to sponsor her under the "Spouse or Common-Law Partner in Canada Class" but I'm not sure if I have to include the "Declaration of Common Law [5409]" or if I have to fill it anyway. It looks like we have to live together for at least 1 year in order to sign it, but it's NOT our case. The checklist for the "Spouse or Common-Law Partner in Canada Class" doesn't say that we have to live together for at least 1 year before applying to it and it doesn't mention anything about [5409]. Also, 2 months ago on our way back from Europe the officer at the border confirmed that I can sponsor her even if we haven't been living together for at least 1 year (as long as we prove that our relationship is 'real'). so, do I need [5409] or not for this sponsorship?

2) In some documents of this sponsorship we have to enter our status (married, single, common law, ...). In case we do NOT need [5409] for the sponsorship, can we fill our status as "Common-Law"?

Hope I didn't make it confusing...

Many thanks!
David

 

[scylla]

You cannot sponsor her until you are either common law or married. For common law, you must have lived together continuously (i.e. without breaks) for at least one full year. You do not meet the requirements for common law sponsorship at this time and will have to wait until December 2018 before you will be able to submit the application.

CBSA officials are not IRCC and cannot be relied upon for sponsorship information.

 

[canuck_in_uk]

Hello,
I'm a Canadian citizenship and I'm about to sponsor my girlfriend who moved from Brazil in December 2017 with a tourist visa. We have been living together since December 1, 2017 but we are not married or in an official common law relationship. Here are my two questions:

1) I'm about to sponsor her under the "Spouse or Common-Law Partner in Canada Class" but I'm not sure if I have to include the "Declaration of Common Law [5409]" or if I have to fill it anyway. It looks like we have to live together for at least 1 year in order to sign it, but it's NOT our case. The checklist for the "Spouse or Common-Law Partner in Canada Class" doesn't say that we have to live together for at least 1 year before applying to it and it doesn't mention anything about [5409]. Also, 2 months ago on our way back from Europe the officer at the border confirmed that I can sponsor her even if we haven't been living together for at least 1 year (as long as we prove that our relationship is 'real'). so, do I need [5409] or not for this sponsorship?

2) In some documents of this sponsorship we have to enter our status (married, single, common law, ...). In case we do NOT need [5409] for the sponsorship, can we fill our status as "Common-Law"?

Hope I didn't make it confusing...

Many thanks!
David

It is quite clear in the application that you need at least one year of continuous cohabitation to be common-law. It is a legal status, like being married.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html#h-1

 

[ragnezza]

thanks scylla and canuck_in_uk, I'll rely on your answers!
I really don't understand how the officer at the border as well as one lawyer told me opposite things...

 

[scylla]

thanks scylla and canuck_in_uk, I'll rely on your answers!
I really don't understand how the officer at the border as well as one lawyer told me opposite things...

The border one is easily explained. The individuals at the border are CBSA - not IRCC. They have some knowledge of immigration processes but certainly don't always have an accurate / complete understanding. The conjugal application route certainly exists - that part is accurate. You just have no chance of succeeding since you don't face any real immigration barriers to getting married or becoming common law. So sounds like the CBSA officer had a high level understanding - just not a deep enough understanding to realize the route didn't apply to you.

As for the lawyer - can't help you with that. I would stay very far away from that lawyer. Recommending the conjugal route to a Canadian/American couple is absolutely horrific advice. You'll end up waiting 8 months or more only to be refused and then have to start the process from scratch.

 

[ragnezza]

thank you Scylla!

 

[ragnezza]

It sounds like getting married is the only solution if I want to sponsor my girlfriend under the same program. I mean, we don't have to be living together for at least 1 year correct?

 

[canuck_in_uk]

It sounds like getting married is the only solution if I want to sponsor my girlfriend under the same program. I mean, we don't have to be living together for at least 1 year correct?

No, you don't have to be living together for a year if you get married.

 

[ragnezza]

thanks!