"statutory declaration of common law union" paper?

[una]

Hi everyone,

this paper IMM 1344 confuses me a bit. Can anyone help me figure out who and if one is supposed to fill it out?

thanks!

una

 

[una]

Never mind this one, I found out that if there is no co-signer (which is the case here) then this paper is not needed.

This co-signer business makes things a bit confusing.

Good luck everyone!

 

[Quince777]

Statutory Declaration of Common-law Union is IMM 5409 E

 

[ddobro2]

What makes you think that? There isn't a relationship between the sponsor having or not having a co-signer for the undertaking and the spousal category being one of "common-law union." If you are not married to your sponsor but have been living together in a conjugal relationship for at least one year in a continuous 12-month period and you have combined your affairs into one household, then you are in a common-law union by CIC's definition and you must fill out the statutory declaration saying so.

Never mind this one, I found out that if there is no co-signer (which is the case here) then this paper is not needed.

This co-signer business makes things a bit confusing.

Good luck everyone!

 

[Irishladyloo]

We also signed a common-law union declaration! I'm pretty sure it's one of the necessary pieces of paperwork that does not depend on circumstance...

 

[ddobro2]

well, besides being married of course

We also signed a common-law union declaration! I'm pretty sure it's one of the necessary pieces of paperwork that does not depend on circumstance...

 

[Irishladyloo]

well, besides being married of course

Ah yes, but then you'd be applying as a spouse and would have no reason for common-law at all!

 

[ddobro2]

I think we misinterpreted each other. When you said, that that form is "one of the necessary pieces of paperwork that does not depend on circumstance," I thought you were talking about as necessary in the spousal category of the Family Class application process. We fill out about 95% of the forms in common in Family Class.

Ah yes, but then you'd be applying as a spouse and would have no reason for common-law at all!

 

[Irishladyloo]

Sorry, yes, I meant it doesn't depend on the circumstance of your common-law application and whether you have a co-signer! Not worded very well on my part. :

 

[ddobro2]

Lol, no worries

Sorry, yes, I meant it doesn't depend on the circumstance of your common-law application and whether you have a co-signer! Not worded very well on my part. :

 

[una]

Thanks everyone. Of course I want to fill out all the forms Im supposed to, but in the guide (3900) it says:

"This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application."

Since I am not a co-signer on the application then I would assume we would not fill that out?

Perhaps someone can explain to me why some people have a co-singer and others don´t? All I know is that I can´t be a co-signer because Im not a canadian citizen.

 

[una]

here is the link to the guide:

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

scroll down till about half way (and a litle more), where it talks about the "Statutory Declaration of Common-law Union" (IMM 5409, I wrote the wrong number the first time)

 

[una]

One more note: I am the one being sponsored, I am Icelandic and the one who is sponsoring me is Canadian.

 

[ddobro2]

As you said, you cannot, as an applicant for permanent residence in Canada, co-sponsor yourself. The family class stream is primarily but not exclusively for spousal category applicants. Therefore, if you are like the many applicants being sponsored by a spouse, your spouse will NOT have a spouse or common-law partner sign the undertaking as 1) you cannot co-sponsor yourself, like already mentioned, and 2) if your spouse had another spouse/CL spouse that would be illegal and invalidate your application. Moreover, there is not much need to have a consigner for a spousal undertaking because there is no income requirement to sponsor someone in this category. People who sponsor another family member, on the other hand, may have their spouse or CL spouse serve as a co-signer on the undertaking- if the latter, they'd obviously need to fill out the Declaration of Common Law Union to prove that relationship.

Thanks everyone. Of course I want to fill out all the forms Im supposed to, but in the guide (3900) it says:

"This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application."

Since I am not a co-signer on the application then I would assume we would not fill that out?

Perhaps someone can explain to me why some people have a co-singer and others don´t? All I know is that I can´t be a co-signer because Im not a canadian citizen.

 

[sidkrose]

While the declaration of common-law union is not necessary for any spousal sponsorship, common-law applicants in the spousal category sometimes fill it out, and get it notarized (or similar) simply because then they have a legal document declaring their relationship. I have heard of many common-law applicants (myself included) who put it in their application to strengthen their common-law proof.