Statutory Declaration of Common-Law (IMM 5409) Needed to sponsor spouse? News?

[ronypete]

Hi,

I was wondering if its necessary to add the "Statutory Declaration of Common-Law Union", Form IMM 5409 if my common-law spouse is sponsoring me? I saw in few older topics in the forum that some people just added it to their application. Mostly because they heard that some people had to send it in at a later date and it delayed the whole application. I'm just wondering if that is still happening or if there are any news about this? Because it says it pretty clear in the guide that you don't need to fill it out when your spouse is sponsoring you! Its only if the spouse is the co-signer of the application (I guess when you sponsor kids etc.).

 

[marsiangal]

You only need a statutory declaration of common law union form if you are applying under the common law stream. Thus the tittle of the form. If you your spouse is sponsoring you you don't need it regardless of what your have read in the forum.

And by Spouse it means you are married.

 

[amikety]

Spouse can mean married or common-law.

Some VOs require the Statue, some do not. I am one of the people that advises doing it anyway, because it seems to be requested whether it's required or not. Best thing to do, though, is ask in a thread dedicated to your VO. Unless your VO is Ottawa. Then I can say confidently to send it anyway.

 

[marsiangal]

From CIC website:

Spouse
A legal marriage partner. This term includes both opposite- and same-sex relationships but does not include common-law partnerships.

I understand that some people call their common law partner a spouse, but when "Spouse" is referred to in the CIC website it is for your wife or husband, otherwise the CIC will use common law partner.

My opinion:

If you are married, then you have a marriage certificate.
Which means you have signed all the necessary declaration on the wedding day (in marriage contract) in front of the marriage commissioner and witnesses.

Statutory declaration of common law relationship is done by people who are not married but want a legal declaration of their common law relationship in front of commissioner of oaths (Or someone who is similar like notary public. I think) and witnesses.

It is up to you what you want to do. We are just here for advise.

I was not asked one so for me it wasn't necessary.

 

[ronypete]

I'm really confused. I thought spouse would also be used for common law. But yes we are in a common law relationship. So annoying that they ask for it sometimes. They should just make it mandatory. So I dont have a spouse anymore ???
If I decide to do it what kinda commissioners are allowed to sign this in Canada?

 

[marsiangal]

Ok now this is a whole new different thing. LOL

If you are in a Common Law relationship then YES you should probably get one!

This is another way for them to think and know that your relationship is genuine.

I have never encountered anyone I know that are common law partners who didn't get one for their application.
So much better for you to get one than get delayed when they ask for it later on.

I would think any commissioner of oaths or notary public will be able to do this with you as well as a couple witnesses.

Make sure you all bring a valid ID.

PS. You can still call your partner a spouse, I did that too when I was still common law with my now hubby but just remember that when the CIC refers to spouse its for husband and wife unless they put common law in front of it.

 

[amikety]

I'm really confused. I thought spouse would also be used for common law. But yes we are in a common law relationship. So annoying that they ask for it sometimes. They should just make it mandatory. So I dont have a spouse anymore ???
If I decide to do it what kinda commissioners are allowed to sign this in Canada?

Ask your MP (Member of Parliament) to sign it. They do it for free.

 

[LeisaP]

When i was dealing with CRA they referred to my common-law as my common-law spouse.
I think it it can be used for both and i have heard it used for both a ton of times.

Regardless thats not the point lol.

If you are applying common-law YES like they said you DO need the declaration.
We got ours from the public notary in Vancouver near our home.

I have heard of many people being asked for this later on in the process if they never sent it to begin with , so i think you should definatly get it. Also we didnt need any witnesses, It was just me, my common-law and the commisionaire that was there and signed it.

 

[Rob_TO]

Technically no, it's not a required form as its only supposed to be used in cases where there is a co-signer (NOT for spouse/partner class apps). We did a common-law application and didn't include it, and were never asked for it. Many other people applying common-law also didn't include it, and never had any problems.

But there are some cases where the VO asks for this declaration, even through according to the CIC guide it's not required. I think this happens more with particular visa offices (not sure which ones), so as was already mentioned it's best to ask this question in the thread specific to your VO, and see what others experiences have been.

 

[canadianwoman]

I'm really confused. I thought spouse would also be used for common law. But yes we are in a common law relationship. So annoying that they ask for it sometimes. They should just make it mandatory. So I dont have a spouse anymore ???

Some of the terms that CIC uses in the forms have special definitions that really only apply to those forms: for example, family member in ordinary English includes sisters, brothers, grandparents, etc., but in the forms CIC defines family member to mean only your spouse or common-law or conjugal partner, and your children. Same with spouse. CIC may define it as meaning someone you are legally married to, but that is for the application; in ordinary English you can refer to your common-law partner as your common-law spouse.

The forms are clear that you do not need the statutory declaration of common law union unless your common-law partner is the cosigner. However, many visa officers ask for it anyway when there is no cosigner and someone is just sponsoring their partner. So I also suggest you send it in anyway. Even if your visa officer does not require it, it will not hurt your application to include it.

 

[ronypete]

ok I think I will just include it so there is less of a change of a delay.

I'm in Vancouver as well how do I find the "Member of Parliament"? I guess that would be an office of an elected person or so? Or how much does it cost at a public notary?

 

[marsiangal]

You can look them up here.

http://www.parl.gc.ca/ParlInfo/Compilations/HouseOfCommons/MemberByPostalCode.aspx?PostalCode=&Submit=Find&Language=E

Notary fees vary, I am not in the same province as you so it's probably different there.

Goodluck!

 

[ronypete]

awesome, I think I found the right person. I'll call them right tomorrow morning.

 

[marso]

Do you need this form if you are declaring a non-accompanying conjugal partner in your application?

 

[CanadaSimple]

It depends if your conjugal partner falls under the definition of the common-law partner or not. Note, that for Spouse or Common-law partner in Canada class this form is not needed anymore. Nevertheless, sometimes it is requested by the officer, so it is wise to get it done beforehand and include it in the package right away.
If you still have to fill this form (say, for a visitor visa) you and your common-law partner have to fill it and sign regardless whether your partner accompanies you or not.
Since there is no official guide on this form, this one should be useful https://canadasimple.com/index.php?title=IMM5409