Statutory Declaration of Common-law status

[misterkel]

My partner and I cannot be together because I am excluded from Canada for one year. She is a German, PR of Canada. We have been living together until I was excluded. (US citizen). I filled out all my paperwork (as per the forms) and sent it to her to sponsor. Now it looks like we need form 5409E - Statutory Declaration of common law status (on this page cic.gc.ca/english/information/applications/fc.asp .)

It requires that we sign it in front of a commissioner of oaths. But I can't get to Canada and we can't get together to even sign it!

What can we do?

 

[rjessome]

My partner and I cannot be together because I am excluded from Canada for one year. She is a German, PR of Canada. We have been living together until I was excluded. (US citizen). I filled out all my paperwork (as per the forms) and sent it to her to sponsor. Now it looks like we need form 5409E - Statutory Declaration of common law status (on this page cic.gc.ca/english/information/applications/fc.asp .)

It requires that we sign it in front of a commissioner of oaths. But I can't get to Canada and we can't get together to even sign it!

What can we do?

She can go to the US and you can swear it in front of an attorney or notary. It doesn't have to be done in Canada.

 

[Tiggilicious]

How long did you live together for before being excluded?

 

[misterkel]

she can't get into the US. We need to file this thing soon. It's also expensive to fly around and difficult with a baby.
If she can get here, we'll get married.

We were together about 15 months before being excluded.

 

[rjessome]

she can't get into the US. We need to file this thing soon. It's also expensive to fly around and difficult with a baby.
If she can get here, we'll get married.

We were together about 15 months before being excluded.

Is she excluded from the US?

Ok, rather than filing the required Statutory Declaration form, you need to think outside the box. Each of you could sign a separate Statutory Declaration swearing to your common law relationship incorporating all of the relevant details of the form. So understand that this is NOT a form, but something that is either drafted by you and your partner or by a lawyer. You could do one with separate sections for swearing for each of you as well as each lawyer/notary or you could prepare two (one for each of you). Submit these in place of the Stat Dec form and explain why. Including a copy of the exclusion order and a letter of explanation will show CIC why you had to do things this way. As long as the documents are sworn in the proper fashion, it should suffice. You know you also have to apply for ARC if you are not waiting until the exclusion order has expired.

 

[misterkel]

Oops - I missed it. The form is only for people who are co-signing with a spouse. In order to bring in a child, parent, etc. Sorry for being so dense. Not a paperwork maestro, obviously.

 

[Tiggilicious]

Buffalo has still asked for common-law partners to fill this out and send it to them for spousal class. (not everyone, but some people)

 

[kelKel]

Try to get it filled out. Many common law couples including myself was asked for this after the fact and it added time to the application process.