Urgent: Question of Declaration of Common-LAW(IMM5409) for CEC

[Janus]

Hi,

I am filling in the forms and about to send the package... but I am confused with the Declaration of common-law form...
My boyfriend and I have lived together since August 2009. I have the lease agreement for the proof. He is a Canadian, but I don't expect him to sponsor me for speeding the process of immigration.

Can someone please tell me do I have to enclosed the IMM5409 with my CEC application ASAP??? If so, where I can find the Commissioner of Oaths??

Here is the reason really throw me off....
Under the guide for the section of Statutory Declaration and Common-Law Union (IMM 5409):
"Who must complete this form?
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."
So does it mean I DON'T have to enclosed this form???

But under the Document Checklist for Identity and Civil Status Documents (#12):
"You must provide the following documents for you and your spouse or common-law partner:
- birth certificates;
- legal documents....
- national IDs, family/household registry....
- if you have a common-law partner, complete and include the Statutory Declaration of Common-Law Union (IMM5409 - original) and provide evidence... for example: copies of join bank account statements, copies of leases, utility bills, etc."

And so, even if I don't have to submit IMM5409, do I still have to submit BOTH of our birth certificates, national IDs (I assumed Canadian driving licence?!!), AND proof of common-law (lease agreement?!)???

I am so looking forward the feedback, please and thank you!!!

 

[CEC_2174]

I believe you can skip this, since your boyfriend is already Canadian. if you want to bring your spouse/common law partner who is not Canadian then it makes sense to do all these formalities.
I would avoid it personally.. Please wait for someone to disregard my comment with a solid reason and then you can decide

Regrads

 

[Janus]

I believe you can skip this, since your boyfriend is already Canadian. if you want to bring your spouse/common law partner who is not Canadian then it makes sense to do all these formalities.
I would avoid it personally.. Please wait for someone to disregard my comment with a solid reason and then you can decide

Regrads

Thanks for the comment!
I really hope I can avoid all this too!I don't want to wait any longer to submit my application... I already have to fill in the new travel list form, which is not fun at all!!!

 

[gihad]

Hey, did you find answers to your questions ? I have the same questions, don't know if I my common law partner (who is Canadian) should fill out forms 5669 and 5406. It's really hard to tell, these forms are often ambiguous.

 

[jes_ON]

And so, even if I don't have to submit IMM5409, do I still have to submit BOTH of our birth certificates, national IDs (I assumed Canadian driving licence?!!), AND proof of common-law (lease agreement?!)??? [/b

No, as your partner is not included in the application.

However, as you note, the information does not address the possibility that a CEC applicant could have a Canadian citizen/permanent resident as a spouse/partner...

You DO have to identify them on your "additional family information" form (IMM 5406) (But they don't have to complete it). Hiding a partner/spouse would be considered misrepresentation.

Include a written explanation (just write letter) about it - explain that your common-law partner is a Canadian citizen/permanent resident, and you have not included them in the application for that reason. Attach a photocopy of his/her Canadian birth certificate, passport, or PR card. (Driver's licenses are not national identity documents - unless, perhaps, it's one of those "enhanced" driver's licenses you can use to enter the USA). Offer to provide more details if necessary. That should be OK.

 

[gihad]

No, as your partner is not included in the application.

However, as you note, the information does not address the possibility that a CEC applicant could have a Canadian citizen/permanent resident as a spouse/partner...

You DO have to identify them on your "additional family information" form (IMM 5406) (But they don't have to complete it). Hiding a partner/spouse would be considered misrepresentation.

Include a written explanation (just write letter) about it - explain that your common-law partner is a Canadian citizen/permanent resident, and you have not included them in the application for that reason. Attach a photocopy of his/her Canadian birth certificate, passport, or PR card. (Driver's licenses are not national identity documents - unless, perhaps, it's one of those "enhanced" driver's licenses you can use to enter the USA). Offer to provide more details if necessary. That should be OK.

Wouldn't it be necessary or a good idea to send the Statutory Declaration of Common-Law Union (IMM5409), and provide evidence of the common law relationship ? Wouldn't that make the application stronger ?

 

[jes_ON]

Wouldn't it be necessary or a good idea to send the Statutory Declaration of Common-Law Union (IMM5409), and provide evidence of the common law relationship ? Wouldn't that make the application stronger ?

No, it would not make the application "stronger." There is no point system in CEC. You either meet the education/experience requirements, or you don't.

 

[eqrkim]

No, it would not make the application "stronger." There is no point system in CEC. You either meet the education/experience requirements, or you don't.

Thank you! I am in a same situation right now, I guess in the application, make sure to indicating that I have a common-law who already has PR and write a letter to explaining why I did not include IMM 5409 or birth certificate of my girlfriend will be sufficient.

 

[jes_ON]

Thank you! I am in a same situation right now, I guess in the application, make sure to indicating that I have a common-law who already has PR and write a letter to explaining why I did not include IMM 5409 or birth certificate of my girlfriend will be sufficient.

Actually, your letter should include proof that your CLP has PR (e.g. copy of the PR card).

 

[eqrkim]

Actually, your letter should include proof that your CLP has PR (e.g. copy of the PR card).

Thanks for reply!

It helps me a lot!