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My partner doesn't want to get statutory declaration of common-law union

hihio123

Newbie
Dec 8, 2024
7
1
Hi all,

My partner and I applied for a common-law sponsorship (outland) and are at the end of the application process. Everything is checked and complete.

Biometrics are done, medical is done, background check is complete, eligibility is complete, and the pre-arrival letter is received.

A day after Background and eligibility were complete, we received an email requesting the following:

- Client Information: Receipt of information from client

- UPDATED STATUTORY DECLARATION OF COMMON-LAW UNION (IMM 5409)

- RECENT COMMUNICATION BETWEEN XXX AND YYY FOR LAST SIX MONTHS- PHONE LOGS/ MESSAGES

- ANY OTHER DOCUMENTATION XXX AND YYY WOULD LIKE TO PROVIDE TO SUBSTANTIATE RELATIONSHIP


For some reason, my partner doesn't want to provide a statutory declaration of common-law union but yet wants to continue the application. I am not sure what to do.
 

scylla

VIP Member
Jun 8, 2010
96,463
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Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi all,

My partner and I applied for a common-law sponsorship (outland) and are at the end of the application process. Everything is checked and complete.

Biometrics are done, medical is done, background check is complete, eligibility is complete, and the pre-arrival letter is received.

A day after Background and eligibility were complete, we received an email requesting the following:

- Client Information: Receipt of information from client

- UPDATED STATUTORY DECLARATION OF COMMON-LAW UNION (IMM 5409)

- RECENT COMMUNICATION BETWEEN XXX AND YYY FOR LAST SIX MONTHS- PHONE LOGS/ MESSAGES

- ANY OTHER DOCUMENTATION XXX AND YYY WOULD LIKE TO PROVIDE TO SUBSTANTIATE RELATIONSHIP


For some reason, my partner doesn't want to provide a statutory declaration of common-law union but yet wants to continue the application. I am not sure what to do.
Application will be refused if you don't provide it. Why doesn't your partner want to provide it?
 

hihio123

Newbie
Dec 8, 2024
7
1
My partner is not providing the requested information due to personal reasons and privacy concerns. Although the requirement is clear, being in different countries makes it difficult to obtain and share the necessary details. I am unsure how to address this both on a personal level and in our relationship or application-wise.
 

Ponga

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Oct 22, 2013
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My partner is not providing the requested information due to personal reasons and privacy concerns. Although the requirement is clear, being in different countries makes it difficult to obtain and share the necessary details. I am unsure how to address this both on a personal level and in our relationship or application-wise.
'Privacy concern' are of little value when applying for spousal sponsorship. Might be a good time to seriously consider this plan.
 
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hihio123

Newbie
Dec 8, 2024
7
1
That is understandable to me but not to her. Can't I explain this in a letter?
'Privacy concern' are of little value when applying for spousal sponsorship. Might be a good time to seriously consider this plan.
That is understandable to me but not to her. Can't I explain this in a letter?
 

scylla

VIP Member
Jun 8, 2010
96,463
22,559
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
That is understandable to me but not to her. Can't I explain this in a letter?

That is understandable to me but not to her. Can't I explain this in a letter?
No. The updated form is mandatory. You and your partner must complete it to confirm you are still common law and allow the application to move forward.
 

scylla

VIP Member
Jun 8, 2010
96,463
22,559
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My partner is not providing the requested information due to personal reasons and privacy concerns. Although the requirement is clear, being in different countries makes it difficult to obtain and share the necessary details. I am unsure how to address this both on a personal level and in our relationship or application-wise.
Who is the sponsor? You or your partner?
 

scylla

VIP Member
Jun 8, 2010
96,463
22,559
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I am the sponsor. She is the AP
Does she no longer want to be sponsored? You need to explain to her that this is a mandatory document and you must respond and provide all of the information IRCC is requesting in order for the application to be approved. She would have signed one of these forms previously as part of your original application.
 
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hihio123

Newbie
Dec 8, 2024
7
1
When we applied back in June of last year, this document was not required, so we didn't do it. She still wants to stay with me and keep process my application. She claims that we can't do it while we live in different Country.
 

scylla

VIP Member
Jun 8, 2010
96,463
22,559
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
When we applied back in June of last year, this document was not required, so we didn't do it. She still wants to stay with me and keep process my application. She claims that we can't do it while we live in different Country.
It's a mandatory document for common law applications. It was required when you applied. It sounds like you didn't include it which is why IRCC is asking for it now.

It can certainly be completed while you are living in different countries.

It's extremely important t
 
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hihio123

Newbie
Dec 8, 2024
7
1
It's a mandatory document for common law applications. It was required when you applied. It sounds like you didn't include it which is why IRCC is asking for it now.

It can certainly be completed while you are living in different countries.

It's extremely important t
No idea, not that it matter now but I am pretty sure it wasn’t other wise we would have addressed this internal issue between us then.

I already troubled you guys enough. But how can it be done if two are in a different country?
Lastly thanks a lot for you all time and assistance
 
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armoured

VIP Member
Feb 1, 2015
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No idea, not that it matter now but I am pretty sure it wasn’t other wise we would have addressed this internal issue between us then.

I already troubled you guys enough. But how can it be done if two are in a different country?
Lastly thanks a lot for you all time and assistance
They do not require it in all cases. I can't tell you why they do now in this case.

Do you have any idea what her issue is with the form?

As for how to do it: you fill it out, print and sign it, scan it, person at other end prints and signs it, scans and sends it back.
 

thanhtam23

Hero Member
Nov 27, 2023
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No idea, not that it matter now but I am pretty sure it wasn’t other wise we would have addressed this internal issue between us then.

I already troubled you guys enough. But how can it be done if two are in a different country?
Lastly thanks a lot for you all time and assistance
you can sign it digitally

but when did you become common law if you’re not living together now?
 
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hihio123

Newbie
Dec 8, 2024
7
1
you can sign it digitally

but when did you become common law if you’re not living together now?
What about the notarization?

We attended the same school and moved in together during our second year. Once we graduated, she had to return home to her family before her father passed away.