HELP! Statutory Declaration of Common-Law Relationship

[catwilliams]

Hi there,

I've been searching this forum and can't for the life of me finding the info I need, so hoping someone can help...

I applied for PR under CEC in Oct 2014 and since then, have been in a relationship and had a baby daughter with my Canadian partner. I notified CIC of this once she was born with a copy of her birth certificate, and now they are asking for some additional info, including IMM5409 (Statutory Declaration of Common-Law Union) - which is fair enough, but in section 5 it asks for the name and signature 'of the person who administers the declaration', who has to be a Notary Public/Commissioner of Oaths/Commissioner of Taking Affidavits (?!?!) is it really necessary for me to find and pay someone to administer this? It's not as if he's sponsoring me as my application is under CEC so based on all my own work experience - I even received my medical request on Saturday, so I feel like they just want his information in an official format.

Has anyone had experience of this?

Thanks!

 

[catwilliams]

Also, just wanted to add that I called CIC and they were absolutely no help - the guy just emailed me a link to the CIC online help centre as they are "not allowed to help with filling out forms". ???

 

[PeachCEC]

My situation is a bit different where I applied under CEC with my common law partner from the US. As a result, we did find a notary public to certify the form. It costed around $50.

For people immigrating on their own and not being sponsored by their Canadian partner, I have seen cases in this forum where you still need to provide marriage certificate and info of the Canadian partner. As a result, I would think their request for the common-law form is somewhat a matter of formality. As common law is a matter of fact, signing the form or not does not change the fact that you are in a CL relationship. To save the hassle, I would just complete the form as asked.

 

[adaytoremember]

Unfortunately the answer is yes, it is necessary.

I applied through CEC by myself and did not fill out the common law statutory declaration form as my girlfriend (now wife) is a Canadian citizen. CEC requested the statutory declaration from me in February this year, but seeing as we were married at the end of last year, I just provided our marriage certificate instead.

I even called the call centre to double check that the marriage certificate was ok to provide in lieu of the statutory declaration, and it seems I actually spoke to someone helpful, as he advised that because it was signed in front of a commissioner, it was acceptable.

Hope this helps!

 

[catwilliams]

Thanks, I really appreciate the replies!

Another thing to add complication to all this, which I forgot to add to my original post, is that we will have only officially been living together 1 year as of 1st June 2016 - I did say this in my email to them, that I was notifying them in advance, but they asked for the IMM5409 regardless. Because of this, I doubt a Notary Public would even agree to sign the form at this time, but I'll call one to ask. I think I may also try again to CIC in the hope I get a more helpful agent...!

 

[Naheulbeuck]

Thanks, I really appreciate the replies!

Another thing to add complication to all this, which I forgot to add to my original post, is that we will have only officially been living together 1 year as of 1st June 2016 - I did say this in my email to them, that I was notifying them in advance, but they asked for the IMM5409 regardless. Because of this, I doubt a Notary Public would even agree to sign the form at this time, but I'll call one to ask. I think I may also try again to CIC in the hope I get a more helpful agent...!

You are mistaken, the second you had your baby you qualified for common law. No Notary would refuse to sign on that.

 

[Gregor.Samsa]

You are mistaken, the second you had your baby you qualified for common law. No Notary would refuse to sign on that.

Notary just will confirm both partners signed the form, he only wants to confirm your identity, nothing else is important for the Notary, because it's your declaration.

It's your responsibility to provide true dates, and some additional documents to CIC (with both partners names, like rental agreement, car registration, bank accounts, insurance....)

 

[scylla]

You are mistaken, the second you had your baby you qualified for common law. No Notary would refuse to sign on that.

Bad information. Having a baby doesn't qualify you for common law under Canadian immigration. Living together for a year qualifies you for common law. Providing a signed document isn't enough to convince CIC you are common law - you also have to provide evidence you have lived together for at least one full year.

 

[Naheulbeuck]

Bad information. Having a baby doesn't qualify you for common law under Canadian immigration. Living together for a year qualifies you for common law. Providing a signed document isn't enough to convince CIC you are common law - you also have to provide evidence you have lived together for at least one full year.

Check before you accuse others:

Common-law partner
This applies to a person who is not your spouse, with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:

has been living with you in a conjugal relationship, and this current relationship has lasted at least 12 continuous months;

Note
In this definition, 12 continuous months includes any period you were separated for less than 90 days because of a breakdown in the relationship.
is the parent of your child by birth or adoption; or
has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.

 

[scylla]

Check before you accuse others:

Common-law partner
This applies to a person who is not your spouse, with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies.

Nope - sorry. Wrong definition. Not accusing - just stating a very well known fact. Not sure where you pulled your definitionfrom but it is not the definition used by CIC for immigration. Here's the right definition:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

You'll see the one and only requirement is one year continuous cohabitation.

 

[scylla]

Check before you accuse others:

Common-law partner
This applies to a person who is not your spouse, with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:

I see where you got this from. This is the CRA definition. This definition is for tax purposes only. Doesn't apply to immigration. If you're still in doubt - head over to the Family Sponsorship section of the forum and ask if having a kid together makes you common law. You'll get a pretty fast answer...

 

[jes_ON]

Common-law partner
This applies to a person who is not your spouse, with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:

has been living with you in a conjugal relationship, and this current relationship has lasted at least 12 continuous months;

Note
In this definition, 12 continuous months includes any period you were separated for less than 90 days because of a breakdown in the relationship.
is the parent of your child by birth or adoption; or
has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.

This is the CRA definition, not CIC/IRCC's. Yes, it would be nice if they all used/provided the same definition...

Here is CIC's/IRCC's - http://www.cic.gc.ca/english/helpcentre/glossary.asp

 

[Naheulbeuck]

This is the CRA definition, not CIC/IRCC's. Yes, it would be nice if they all used/provided the same definition...

Here is CIC's/IRCC's - http://www.cic.gc.ca/english/helpcentre/glossary.asp

Yes my bad, i apologize for that mistake.

I noticed that you could use the CRA's document as support but you still need to declare that you have lived for one year so having your child together does not satisfy CIC despite them finding that CRA's document is proper support for your declaration....

If only they made it consistent accross the board...

 

[catwilliams]

If anyone is interested - I ended up sending the Stat Dec incomplete, as I had to post-date it, so without the signature of a Notary Public. I included an explanation letter as to why it was incomplete.

CIC didn't ask me for any more details, and in June I received my CoPR! YESSS! However - the CoPR was dated June 2nd, and my partner and I were officially common-law on June 1st (in CIC's eyes - living together one year - we'd already filed our taxes together for 2015, it's so confusing how all these government agencies have completely different definitions of what makes you common-law) - and they'd listed me as single.

So, I called CIC, explained this, they told me to email CPC-Ottawa. They responded to my email and asked me to send back the CoPR so they could update my marital status and send me a new one. I did that, and this week received my CoPR, with all the correct info on it.

So, long story short, I didn't have to get anything signed off by a Notary Public, and now I am able to finally land as a PR. Not sure if I was just lucky... but glad I saved $50, given the $1000's I've spent on this whole process!