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Statutory Declaration of Common Law Union- necessary?

ginko

Full Member
May 1, 2017
28
14
Hi there. I will be applying for PR via common-law sponsorship and am confused about the Statutory Declaration of Common Law Union.

I don't see it explicitly listed under the Document Checklist - Common-law Partner (including dependent children) [IMM 5589]. But does the Declaration fall under the Supporting Documents section: 2. Civil Status Documents?

In this section, it asks for "any formal documentation supporting your common-law relationship (e.g a cohabitation agreement, documentation showing you have registered your common-law relationship, formally entered into a Domestic Partnership, or similar legal arrangement).

Is the part I've underlined referring to the Statutory Declaration of Common Law Union?

Sorry if this is an obvious question, I just want to get everything right with my application.
Thank you
 

Homotope

Newbie
Oct 11, 2017
9
3
Hi there. I will be applying for PR via common-law sponsorship and am confused about the Statutory Declaration of Common Law Union.

I don't see it explicitly listed under the Document Checklist - Common-law Partner (including dependent children) [IMM 5589]. But does the Declaration fall under the Supporting Documents section: 2. Civil Status Documents?

In this section, it asks for "any formal documentation supporting your common-law relationship (e.g a cohabitation agreement, documentation showing you have registered your common-law relationship, formally entered into a Domestic Partnership, or similar legal arrangement).

Is the part I've underlined referring to the Statutory Declaration of Common Law Union?

Sorry if this is an obvious question, I just want to get everything right with my application.
Thank you
I'm not an expert on this but I'll share my experience.

We applied in April 2017 and did not include IMM 5409 because we read in a few places it was not necessary. However, once our file was transferred to HKVO in July and our eligibility check was started, the first note the officer made was that IMM 5409 is missing. We saw this note in our GCMS notes in November and contacted the VO and they said we should send it in if we have it. So we sent it in and can see on the new GCMS notes it has been placed in our file. So it is still not clear to me whether or not they really do want it, because they never requested it, but it is strange they made the note that it was missing.
 
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spousalsponsee

Hero Member
Apr 21, 2017
573
170
Hi there. I will be applying for PR via common-law sponsorship and am confused about the Statutory Declaration of Common Law Union.

I don't see it explicitly listed under the Document Checklist - Common-law Partner (including dependent children) [IMM 5589]. But does the Declaration fall under the Supporting Documents section: 2. Civil Status Documents?

In this section, it asks for "any formal documentation supporting your common-law relationship (e.g a cohabitation agreement, documentation showing you have registered your common-law relationship, formally entered into a Domestic Partnership, or similar legal arrangement).

Is the part I've underlined referring to the Statutory Declaration of Common Law Union?

Sorry if this is an obvious question, I just want to get everything right with my application.
Thank you
It's not formally required. It's often requested - I'd say to include it unless you'd have difficulty doing so (eg living two hours away from the nearest notary).
 
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DavideZaradh

Newbie
Jun 12, 2018
2
0
Hi,
My common-low partner and I are gathering all the documents that can prove that we live together from more than one year and we have many documents, joint bank account, bills to same address, ecc. Will be in this case the Imm5409e be necessary / mandatory?
 

ginko

Full Member
May 1, 2017
28
14
Hi CitizenSoon,

I've submitted my common law application since making this post and I did include the Statutory Declaration of Common-Law Union (IMM5409e). Like a user in your thread said, it isn't specifically required in the Document Checklist, but in other's experience they are asked for it anyway so I just included it. No issues with the application process so far
 

CitizenSoon

Hero Member
Sep 19, 2018
202
35
Hi CitizenSoon,

I've submitted my common law application since making this post and I did include the Statutory Declaration of Common-Law Union (IMM5409e). Like a user in your thread said, it isn't specifically required in the Document Checklist, but in other's experience they are asked for it anyway so I just included it. No issues with the application process so far
Thank you so much. I wish you the best of luck.