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Do I need to fill in the Statutory declaration common law form?IM 5409

Amanda1123

Member
Oct 15, 2013
19
0
Hello,

Please help, as I cannot find a solid answer for my situation.

I am sponsoring my common-law parther (of 3 years). We have lived together for over 2 years. Processing as an outland. Do I need to fill in the IM 5409 Statutory declaration of common law form?

Thanks for any help!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Technically no, it's not required. The checklist and guide clearly states the stat declaration of common-law is only supposed to be included if it's for a co-sponsor who is the common-law spouse of the sponsor. Since co-sponsors don't apply to spousal apps, it's not needed.

However some visa offices have randomly asked for this form in spousal apps, in which case people have had to complete it and send it in. Though these cases seem to be rare.

We never included it in our common-law app, and were never asked for it.
 

nezya

Hero Member
May 16, 2010
207
1
Amanda1123 said:
Hello,

Please help, as I cannot find a solid answer for my situation.

I am sponsoring my common-law parther (of 3 years). We have lived together for over 2 years. Processing as an outland. Do I need to fill in the IM 5409 Statutory declaration of common law form?

Thanks for any help!
I was also sponsored as common-law partner by my Canadian boyfriend, outland route Manila CEM. It says in the guide that IM 5409 is not required if you are not a co-signer but... we did fill up that form and included it in the application to be sure. It won't hurt to submit it even if it's not required. So far me and my daughter were approved as permanent residence and landed last Nov 16, 2013.