statutory declaration of common-law union IM5409

[johnphp]

Hi guys before i submit my application i just wanted to clarify this,do i need to have statutory declaration of common-law union form(IM5409)?what if i dont need it will there be a problem?

 

[rjessome]

Hi guys before i submit my application i just wanted to clarify this,do i need to have statutory declaration of common-law union form(IM5409)?what if i dont need it will there be a problem?

If you are in a common law relationship, you need it. If you are married, you don't. If you include and you don't need it, they will ignore it.

 

[confused.a.bit.]

Greetings!

Just need some clarification in filling out the Statutory declaration of common-law union form. It asked for signature from both the declarant & Declarant's partner's and it also has a box for whether it was declared through notary public, Commissioner of Oaths or Commissioner of taking affidavits. Declarant is currently working in Canada and Declarant's partner is currently residing in a different country.

Should Declarant's partner fill out the form,print it out and sign it, have it notarized in own country before sending it via DHL/email attachment or should Declarant have it notarized in Canada, without Declarant's partner's signature as partner's not currently in Canada for the notary?

Thanks in advance!

 

[Rob_TO]

You don't need the stat declaration of common-law form, unless you have a co-signer on your application which is impossible with spousal family class apps.

So only go through the trouble of including it, if your visa office specifically asks for it. The vast majority don't.

 

[TracyCa64]

You don't need the stat declaration of common-law form, unless you have a co-signer on your application which is impossible with spousal family class apps.

So only go through the trouble of including it, if your visa office specifically asks for it. The vast majority don't.

I just received an email request for a completed Statutory Declaration of Common-Law Union form (IMM 5409) for my PR application.

Rob,
I have a question. I sent this form in for my recent visitor extension, but it's dated Dec 26, would it be okay to send or do I need one with a current date?

 

[Rob_TO]

I just received an email request for a completed Statutory Declaration of Common-Law Union form (IMM 5409) for my PR application.

Rob,
I have a question. I sent this form in for my recent visitor extension, but it's dated Dec 26, would it be okay to send or do I need one with a current date?

I believe the declaration only needs to be done once, so it doesn't expire. It's something one would do when they become common-law and should be good for anytime after that without having to re-do it. So you should be fine to send the one you already have.

 

[Ponga]

I believe the declaration only needs to be done once, so it doesn't expire. It's something one would do when they become common-law and should be good for anytime after that without having to re-do it. So you should be fine to send the one you already have.

Agreed, but if the form has been updated by CIC since it was completed, it could be an issue.

 

[TracyCa64]

I believe the declaration only needs to be done once, so it doesn't expire. It's something one would do when they become common-law and should be good for anytime after that without having to re-do it. So you should be fine to send the one you already have.

Thank you Rob!!

 

[TracyCa64]

Agreed, but if the form has been updated by CIC since it was completed, it could be an issue.

Oh thanks for mentioning that Ponga. I will check it before I send it.

Thank you!!

 

[localtourist]

im confused a bit after reading this..

im in the same situation ... im commonlaw with my partner. Do i need to fill out this 5409?

Im sponsoring her and we dont have a co signer. I am just trying to avoid paying for a notary if this isnt needed.

 

[Rob_TO]

im in the same situation ... im commonlaw with my partner. Do i need to fill out this 5409?

Im sponsoring her and we dont have a co signer. I am just trying to avoid paying for a notary if this isnt needed.

No, officially it's not a required document.

However some visa officers do ask for it during processing, while other's don't. Nobody knows why this happens for a doc the checklist clearly states is not required, nor what the chances are of being asked. Perhaps it's more from certain visa offices, I'm not sure.

So you can choose to go through hassle and cost to get it done to submit with app just in case, or not bother and just wait to see if it's asked for later.

 

[canadianwoman]

I advise common-law applicants to just get it and submit it with the application. If the visa officer does want it, having to ask for it will delay processing.
You could try asking people who have recently gone through your visa office whether they were asked for it or not.

 

[maledil]

I advise common-law applicants to just get it and submit it with the application. If the visa officer does want it, having to ask for it will delay processing.
You could try asking people who have recently gone through your visa office whether they were asked for it or not.

I second this. CIC wound up requesting this document anyway and due to bad timing and us being apart at the time (I had just gotten back from a visit when I got the request) it cost us 2 months. My partner in the US is able to get notary service from his bank for free so maybe that is something worth looking into.