IMM5409 (common law statutory declaration) questions and advice requested

[nick360]

I applied for the outland Family Class (Common Law) route. I sent my application in June and it is currently in process (my spouse has been approved). I am living in Switzerland (short term) and my partner is coming to visit for one month.

I have heard that many applicants have been asked for the IMM5409 form (common law statutory declaration) if they are common law (even though it clearly states it is only required if you have co-sponsoring - which we are not). This form has not been requested for me yet, however, I was wondering if people would recommend my partner and myself find somewhere in Switzerland to get it notarized? While she is here? This might involve travelling to the Canadian embassy in Berne so it won't be the most simplest or cheapest thing to do - but if it is necessary it is obviously worth it.

My questions:
- Do we need to be together to sign this form?
- Has anyone had this form signed outside of Canada, and if so by who? Can I ask a lawyer here?
- Do we need to provide proof of common law status to the person notarizing the form?

I think those are all of my questions.

Thank you,

 

[maledil]

As someone who did not send this form and had it requested I highly recommend it. It cost us an extra 2 months to get it dealt with as we were not together when it was requested.

To answer your questions:
1) The form is set up for it to be signed together by one notary however we had no choice but to sign separately. My Common Law husband signed and had it notarized in the US and his notary stated that she was only signing for him. Than he shipped it to me and I signed and had a lawyer friend commission my portion in the borders. CIC must have accepted it as a few weeks after we sent it I got SA.
2) As stated my husband went to a notary in the US. His bank provides that service for free. I'm betting either a notary or Lawyer could sign it.
3) No you don't, this is why this form drives me nuts its so meaningless. The notary is simply notarizing your signature, not that you are common-law.

I would definitely get it done while she is there and have it ready in case they ask. That is what I dearly wish I'd done since we had plenty of opportunity. I'm betting it will be simpler than you think to find a notary or someone to commission it (what its called when a lawyer here does it).

Good luck

 

[nick360]

Thank you very much for the response, so helpful!
I actually just had it requested today and my partner arrived today so I guess we're lucky in that respect. I really don't understand the need for it considering we provided all of the evidence of our status in the immigration application and also sent our own notarized declarations that we are common law. I feel like someone somewhere got the idea people needed it and now everyone is being asked for it even though it doesn't apply to people if they aren't co-signers.

Ok sorry for the rant but i've had so many issues with CIC that I can't help it!

 

[maledil]

Thank you very much for the response, so helpful!
I actually just had it requested today and my partner arrived today so I guess we're lucky in that respect. I really don't understand the need for it considering we provided all of the evidence of our status in the immigration application and also sent our own notarized declarations that we are common law. I feel like someone somewhere got the idea people needed it and now everyone is being asked for it even though it doesn't apply to people if they aren't co-signers.

Ok sorry for the rant but i've had so many issues with CIC that I can't help it!

I hear you, its really a ridiculous form. Its on the checklist so that's all they care about. I had even sent a case specific inquiry where I attached their own documentation telling me I didn't need it and they just sent another request for it. And go ahead and rant. We all understand