Statutory Decleration of Common Law Union IMM 5409

[BaukjeBecka]

The additional information/explenation with this form is:
"a common law partner is a person who is living with you in a conjugal relationship and has done so far at least one year prior to the signing of the Undertaking.
A Commissioner for Oaths must certify this document. Provincial laws govern who can act in this position. In general, Members of the Legislative Assemblies (MLAs), judges, justices of the peace and lawyers are authorized to take oaths. Check your phone book for listings."

This one year prior to the signing of the Undertaking is important! Cause it means we need to get it signed before the end of the month!!! (So best asap!!)
So Im gonna fill this in and send it right away on Monday with hurry from the mail!
But I have some questions about the form so I need your help.. cause its very complicated..
The form is set up in a way that they asume were living together at this moment for a year (and for us it has been a while ago when we lived together..)
Statutory declaration of common law union IMM5490þ

The way they discribe common law on this form we do not meet (since we are not living together at the moment and their way of question set up implies we are) but the description of common law on the website we do meet: "You are a common-law partner—either of the opposite sex or same sex—if: you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)" (end of August 2008 till end of August 2009)

We just dont have proof for the questions 1a (we have lived together renting rooms, but do not have the rental receipts/agreements)/1b (we have property together like pots and pans and such.. does that count?). 1c and 1d we have to answer no. Question 2a and 2b we also have to answer no.

**Can we answer yes to 1a: we have jointly signed a resicential lease relating to a residence in which we both live (cause atm we are not living together..) and 1b: jointly own property other than our recidence (does property like plates and pots and pans count?)?
**Is any one familiar with this? Is it easy? Can I just send it to my Canadian boyfriend (sponsor) and he goes and quickly lets it get signed by a Commissioner for Oaths?

Thank you so much!

 

[minna]

if you do not meet the definition of common-law in this form, you should not be signing any declaration saying that you ARE in a common-law relationship.

you must meet the definition in order to make a sworn statement, otherwise I believe it is similar to lying while under oath in a courtroom.

why are you signing this document??? It is not necessary for sponsorship unless your common-law partner is a co-sponsor of a family member. If your relationship does not meet the criteria for common-law, you do not have a common-law partner co-sponsor.

You are aware that you must meet the definition of either conjugal partner or a common-law partner to apply for permanent residence, and that it can be difficult to prove a conjugal relationship.

 

[canadianwoman]

This form is for when you are right now living together, and have been for at least a year previously.
For 1b, they don't mean things like pots and pans or other household goods - they mean real estate, a house, a plot of land, etc.

"a common law partner is a person who is living with you in a conjugal relationship and has done so far at least one year prior to the signing of the Undertaking." This means that the person must have been living with you since August 2009, and is still living with you. It does not mean no more than a year must have elapsed since you stopped living together, which is what it seems from your post you think it means. Thus there is no hurry for you to get it signed before the end of August 2010.

As well, this form is for when you need a co-sponsor to sponsor someone else. It is not for when a Canadian is sponsoring his/her common-law partner. Are you sure you need it?

 

[TheHal]

So my question is, DO I HAVE TO FILL THIS FORM IN??

It was not all that clear on the document checklist (I am the applicant, my C/L Wife is the sponsor).

In the Doc Checklist it states that only the Sponsor and co-signer have to have the declaration? or am I completely off the reservation on this>?

It won't cause any problems creating it, I can prove it fairly well actually, and the guy who will sign it for us if needed is actually someone who my C/L Wife used to work with.

Cheers
H.

 

[matthewc]

This means that the person must have been living with you since August 2009, and is still living with you.

No, that's incorrect. A common-law relationship is established once the two partners have cohabited in a conjugal (marriage-like) relationship for one year. If they subsequently stop living together, that does not mean they are no longer common-law.

See OP2 sections 5.34-5.37, specifically 5.36:

"After the one year period of cohabitation has been established, the
partners may live apart for periods of time without legally breaking the cohabitation. For example,
a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44
for information on persecution and penal control). Despite the break in cohabitation, a common-
law relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible."

You're quite right that that form does seem to be intended for co-signers on a sponsorship of another family member (e.g. parents) rather than where one common-law partner is sponsoring the other. However, that said there is conflicting guidance in the processing manuals as to whether that statutory declaration should be included with a common-law spousal sponsorship. Overseas it seems to be clear it's not needed unless it's a cosigner who is the common-law partner (rather than the applicant). Inland there's no mention of it in the application guide but the manual says it's required...

OP2 section 9 (overseas manual):

"Self-serving statutory declarations carry little weight unless they predate interest in immigration."

IMM 5491 (overseas checklist):

"Original of completed Statutory Declaration of Common-Law Union (IMM 5409), if you have a co-signer and he or
she is your common-law partner"

IP8 section 10.1 (inland manual):

"Common-law partner
In the case of a common-law partner, documentary evidence should include:
• a statutory declaration of common-law relationship (included in the application package)"

IMM 5443 (inland checklist):

(No mention of needing the statutory declaration)

 

[TheHal]

Thanks MatthewC.

As it worked out, the FBI documents are now on the way, and we do the C/L Declaration next tuesday for a whopping total of $22.60!!

Cheers
H.

 

[TheHal]

And jsut to throw more confusion on the fire (Gasoline??)

In the docu-checklist it specifies (for england): "Also provide details of the history of your relationship and at least two statutory declarations from individuals with personal knowledge of your relationship supporting your claim that the relationship is genuine and continuing."

Do we use the form, or is a letter signed by more than two persons considered enough??

We have letters from friends, family, we have records like phone bills, medical insurance, drivers licenses, OHIP cards etc to the same address, do we STILL need these "statutory declarations" and what form do we use...

Regards
Hal.

 

[bonbon9]

And jsut to throw more confusion on the fire (Gasoline??)

In the docu-checklist it specifies (for england): "Also provide details of the history of your relationship and at least two statutory declarations from individuals with personal knowledge of your relationship supporting your claim that the relationship is genuine and continuing."

Do we use the form, or is a letter signed by more than two persons considered enough??

We have letters from friends, family, we have records like phone bills, medical insurance, drivers licenses, OHIP cards etc to the same address, do we STILL need these "statutory declarations" and what form do we use...

Regards
Hal.

You need two people to sign and make a statutory declaration in front of a lawyer/notary. Letters of support are always good, but you do need to send two "official" documents.

 

[canadianwoman]

In the docu-checklist it specifies (for england): "Also provide details of the history of your relationship and at least two statutory declarations from individuals with personal knowledge of your relationship supporting your claim that the relationship is genuine and continuing."

Do we use the form, or is a letter signed by more than two persons considered enough??

The form is not for this. You need two letters, not one letter signed by two people. The two who will be signing should each prepare a letter stating how they met you, how they met your partner, what you have done together, and why they think your relationship is genuine. Then he or she takes this to a lawyer or a notary and get it notarized. The lawyer can put it in the form of an affidavit, which is even better.

 

[TheHal]

OK the way I read it, I can take it to the commissioner of oaths a well, which is what I have my 'people' doing.

It is a pain, but it worked out OK. Now only 2 more pieces of paper, the dotors thing, and the letter from my landlord. Apparently they hae to ask for "permission" because of a lawsuit... Such horsemanure.

Anyways, I predict that Purolator will be delivering our package some time on friday or monday, and I am happy about that. Just tired, and want the thing to be outta my hands.

Really think we have a good case, been living together for three years, and getting married next summer.

Cheers
Hal.