- EMERGENCY PLEASE: Common-Law form suddenly requested?

[gooh]

I just got an email stating the following:

This is in reference to your application for permanent residence in Canada.

In order for us to continue the processing of your application, we require the following documents:

- 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. (Feel free to scan the document and to attach it to your reply to this e-mail.)

Was I supposed to include this in my application? I don't remember seeing it anywhere on the Checklist? How would that work with us living apart. Would he sign the declaration form at a notary, mail it to me and have me do the same at another? This is a Common-Law Outland app so I'm not sure why we are being asked to do this.

 

[Ponga]

Re: Common Law Form?

It's optional (even says so in the guide), but some VO's request it, while others, perhaps most, do not.

Yay! More delays for you!

 

[gooh]

Re: Common Law Form?

That's *censored word* ridiculous, does that mean I'll have 30 extra days delay? So how do we go about filing it out? Don't we both have to be present to sign?

Does requesting this document mean they doubt the validity of our common-law? Or is it just routine procedure.

 

[sashali78]

Re: Common Law Form?

That's *censored word* ridiculous, does that mean I'll have 30 extra days delay? So how do we go about filing it out? Don't we both have to be present to sign?

unfortunately its going to be more than 30 days delay, they will only start looking back at your file after 30 days.
For the form, both of you have to be present and have to sign it in front of notary public or commissioner of oaths.

 

[gooh]

Re: Common Law Form?

What?! I have to fly up to Canada to sign it in front of the notary?? I'm a little overwhelmed right now. Advice from anyone please if possible.

 

[Ponga]

Re: Common Law Form?

Sounds like the genius at CIC thinks this is an Inland application, which makes it easy for both sponsor and applicant to appear in-person to have it notarized.

You could send a reply to the email (even though it says that you cannot reply, which you can) and hope that it doesn't just vaporize into the abyss, explaing the obvious hurdle that you now face. You could also send a note via fax, submit a Case Specific Enquiry...because you have nothing better to do than jump through all of these hoops!

Good luck!

 

[gooh]

Re: Emergency Please: Common Law Form?

I can't risk replying to the email and not getting a response, would it be possible to call the call center and plead with them for information on what to do? I'm sure I can sound sincere since I'll be bawling my eyes out.

 

[Ponga]

Re: Emergency Please: Common Law Form?

I can't risk replying to the email and not getting a response, would it be possible to call the call center and plead with them for information on what to do? I'm sure I can sound sincere since I'll be bawling my eyes out.

Calling the Call Centre = the abyss

Give it a shot and hope you reach someone with any sense of empathy and an IQ higher than Pi.

 

[sashali78]

Re: Common Law Form?

What?! I have to fly up to Canada to sign it in front of the notary?? I'm a little overwhelmed right now, I don't know what to do. Advice from anyone please if possible.

You can do as Ponga suggested but most likely by the time you get a response (if any) it will be over 30 days.
You can also sign it in front of notary public in any other country, as long as both of you are present in front of him/her...But i think the main point is the assumption by CIC that both of you are in Canada (it is inland application, right?). If you are not in Canada with your spouse it can actually cause you even more issues and even in refusal of your inland application.

 

[gooh]

Re: Common Law Form?

You can do as Ponga suggested but most likely by the time you get a response (if any) it will be over 30 days.
You can also sign it in front of notary public in any other country, as long as both of you are present in front of him/her...But i think the main point is the assumption by CIC that both of you are in Canada (it is inland application, right?). If you are not in Canada with your spouse it can actually cause you even more issues and even in refusal of your inland application.

This is an outland application. I don't know how it could be any clearer as my app has been moving with the speed of a normal Outland and it was written all over our documents that it was outland, what should I do? Certainly they don't think it's an inland app.

At this point 7 months in to my application, would it be reasonable to just plan a "visit" to Canada and remain with my fiance for the hopefully short duration of my app?

 

[Ponga]

Re: Emergency Please: Common Law Form?

Not to add any angst to your situation, but...why are you and your C-L partner not together?

While it's usually not an issue when the couple is no longer living together, after C-L has been established, for reasons such as work or school, CIC may want to know why you are living in separate locations.

 

[gooh]

Re: Emergency Please: Common Law Form?

Not to add any angst to your situation, but...why are you and your C-L partner not together?

While it's usually not an issue when the couple is no longer living together, after C-L has been established, for reasons such as work or school, CIC may want to know why you are living in separate locations.

We lived together for 3 years so our common-law is definitely established, I even sent, at least one time, a notarized declaration of common-law for one of my extensions. We aren't living together because my visitor extension was submitted a day too late (mistake on my part) and so I was refused extension. At that time my grandfather was ill so I just ended up heading back home to work while our app processed. My fiance is currently in college and we figured it would be easier for me to wait in the states with my family and work, we've visited each other twice since I left. Do you think they doubt the validity of our Common-Law? I don't know how they could with all the evidence I provided, and the reasoning for us not being together in Canada were outlined as clearly as possible in our App.

 

[Baffled]

Re: Emergency Please: Common Law Form?

Out of curiosity, did you mail your package to:

CPC-Mississauga
P.O. Box 5040, Station B
Mississauga, ON
L5A 3A4

 

[sashali78]

Re: Common Law Form?

This is an outland application. I don't know how it could be any clearer as my app has been moving with the speed of a normal Outland and it was written all over our documents that it was outland, what should I do? Certainly they don't think it's an inland app.

At this point 7 months in to my application, would it be reasonable to just plan a "visit" to Canada and remain with my fiance for the hopefully short duration of my app?

Oh, i see, then it is really weird from CIC side. Are you any near the land border? Most CBSA offices have a commissioner of taking affidavits who can also sign this form for you.
Another option, you fill this form, without signature of the commissioner, send it to CIC ASAP and explain your situation in your letter to them and ask for further instructions. You can also mention that you will plan to visit your spouse and sign the form in front of the commissioner in X time from now.

 

[gooh]

Re: Common Law Form?

Oh, i see, then it is really weird from CIC side. Are you any near the land border? Most CBSA offices have a commissioner of taking affidavits who can also sign this form for you.
Another option, you fill this form, without signature of the commissioner, send it to CIC ASAP and explain your situation in your letter to them and ask for further instructions. You can also mention that you will plan to visit your spouse and sign the form in front of the commissioner in X time from now.

I live smack in the middle of the States, no where near the border.

I don't want to risk sending it unsigned and explaining, I don't want our app to get rejected on such a small problem.