Keith Mack
A statutory declaration of a common-law union is a legal document that proves that two individuals are in a common-law relationship. In Canada, this is done through the IMM 5409 form, which is used to declare that individuals are in a common-law relationship and must be filled out and signed in front of a public official. This document is crucial for immigration purposes, as it allows individuals to include their common-law spouses in their immigration applications and access certain benefits and rights available to legally recognised couples. It is important to note that it is a criminal offence to make a false statement in a statutory declaration, hence the need for an oath and the presence of a public official.
| Characteristics | Values |
|---|---|
| Purpose | To prove a common-law relationship for legal, immigration, and administrative purposes |
| Requirements | Couples must have lived together for at least a year, have combined their personal and financial affairs, and set up a household together |
| Form | IMM 5409 or IMM 5409E |
| Where to get the form | IRCC website |
| How to fill it out | Use full legal names, provide length of time lived together, do not leave any questions blank, do not sign or date until in front of a public official |
| What happens after filling out | Both partners sign in front of a commissioner for affidavits or a notary public, who confirms their identities and witnesses their signatures |
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What You'll Learn
Filling out the IMM 5409 form
The IMM 5409 form is a statutory declaration of common-law union, which is a legal document that proves a couple is in a common-law relationship. It is used to declare that two individuals are in a committed relationship similar to a marriage, without a marriage certificate. The document establishes the authenticity, duration, and nature of their relationship for legal, taxation, regulatory, and
To fill out the IMM 5409 form, you must first ensure that you meet the common-law criteria. This includes providing evidence that you have lived together for at least 12 months and that you have combined your personal and financial affairs, setting up a household together in one home. You must also intend to resume cohabitation if you are not living together at the time of signing.
Once you have confirmed that you meet the criteria, you can begin filling out the form. Use your full legal names exactly as they appear on your passports, and provide your common address. The form will ask for the length of time you have lived together, with starting and ending dates. If you are still living together, the end date can be "to present" or the date you will sign the form.
It is important to note that you should not sign or date the form until you are in front of a public official, such as a Notary Public, a Commissioner of Oaths, or a Commissioner of Taking Affidavits. Both partners must be physically present to sign the declaration and affirm that the information provided is true. The official will then provide their full name, signature, and official stamp to certify the declaration's authenticity.
Finally, remember to use the most recent version of the IMM 5409 form when submitting your application. You can download the form from the Immigration, Refugees and Citizenship Canada (IRCC) website and fill it out on your computer to reduce mistakes and ensure completeness.
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Meeting common-law criteria
In Canada, for example, a common-law partnership may be recognized as a "domestic partnership", "conjugal union", or "civil union". While this does not constitute legal marriage, common-law partners may be treated as "unmarried spouses" for certain purposes such as taxes and financial claims. To meet the criteria for common-law partnership in Canada, it is necessary for the couple to have lived together for at least 12 months and to intend to resume cohabitation if they are currently unable to do so.
In the US, the recognition of common-law marriage varies by state. In Texas, for example, a common-law marriage is a legally recognized union that does not require a ceremony or marriage license. The criteria for a common-law marriage in Texas include a clear agreement between the couple to be married, living together as a married couple, and presenting themselves to others as a married couple. There is no minimum time requirement for how long the couple has been together.
In Colorado, common-law marriage is also recognized and requires spouses to divide their joint assets in a "fair and equitable" manner in the event of a divorce. While there is no specific time requirement stated, common-law marriage in Colorado historically served as a stop-gap measure for couples in isolated rural areas who had to wait for a clergy visit to preside over a ceremony.
It is important to note that the criteria for common-law marriage may differ based on the specific jurisdiction, and it is always best to refer to the laws and requirements of the relevant location.
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Signing and dating the form
When it comes to signing and dating the statutory declaration of common-law union form, there are several important steps to follow. Firstly, it is crucial that you do not sign or date the form until you are physically present in front of a public official, such as a notary public, commissioner for taking affidavits, or commissioner of oaths. This is an essential requirement, and you must meet specific criteria to make a statutory declaration.
In the case of common-law unions, both partners must be present and sign the declaration in front of the authorised official, who will act as a witness to their signatures. This official typically varies depending on the jurisdiction but can include a Notary Public, a Commissioner of Oaths, or a Commissioner of Taking Affidavits. This step adds a layer of formality to the process, as it is a criminal offence to make a false statement in a statutory declaration.
Before signing, the declarants must verbally affirm that the information provided in the form is true. The authorised official will then confirm the identity of each partner and witness their signatures. Additionally, the official will provide their full name, signature, and, if applicable, their official stamp to certify the authenticity of the declaration. This ensures the validity and legality of the common-law union.
It is worth noting that if you and your partner are unable to be physically present together to sign the form, you can each print and sign separate copies. Both documents will constitute the complete statutory declaration of your common-law union. This flexibility allows for situations where partners may be temporarily living apart but still intend to resume cohabitation.
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Submitting the form
Once you have filled out the IMM 5409 form, you and your partner must sign it in the presence of a commissioner for affidavits or a notary public. You can download the form from the IRCC website, but you will need Adobe Acrobat to open it. You can download Adobe Reader for free from the Adobe website.
If you are not living with your partner at the time of signing, you will each print a copy of the form to sign separately. You will not have one notarized document, but two. The top part of both copies will be the same, and you should fill it out with your full legal names and your shared address.
You can also use an online document creator like NotaryPro to draft and commission your statutory declaration. This option allows you to avoid the hassle of making an appointment with a notary public. You can also use their online notarization services to meet with a licensed professional online, who will draft your document in real-time.
After you and your partner have signed the form, the commissioner of oaths will affix their signature and seal to your certificate. The official will also provide their full name, signature, and official stamp to certify the declaration's authenticity.
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Using online services
If you are looking to fill out a Statutory Declaration of Common-Law Union online, there are several services that can help you with the process. The IMM 5409 form is used to confirm that you and your partner are in a committed relationship and have been living together for at least 12 consecutive months. This form can be used to apply for permanent residence in Canada, and to access certain benefits and rights available to legally recognised couples.
Firstly, you can use an online document creator such as NotaryPro, which will help you draft and commission your declaration. You can fill out an online form with your information, and then review and approve the document that is generated. You will then be connected with a notary public online, who will verify your identity and witness your electronic signature. You will then receive your document via email.
Another option is to use an immigration consultant or representative to help you with your declaration. In this case, you will need to fill out a ''Use of a Representative Form' to authorise them to act on your behalf. You will need to have your document notarised by a qualified notary public and pay a fee for this service. Services such as The Way Immigration and Wild Mountain Immigration offer help with the IMM 5409 form.
It is important to note that, when filling out the form, you should not sign or date it until you are in front of a public official. You should also ensure that you meet the common-law criteria and provide accurate information about your relationship and living arrangements.
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Frequently asked questions
A statutory declaration of a common-law union is a legal document that proves that two individuals are in a common-law relationship. It helps establish the authenticity, duration, and nature of their relationship.
You can fill out the form by hand or type it. You will need to provide evidence of your cohabitation, as well as other corroborating documents to prove the ongoing nature of your relationship. It is important to not leave any questions blank and ensure all details are correct.
You can download the IMM 5409E form from the IRCC website. You will need to have Adobe Acrobat installed on your computer to open the form. You can also use an online document creator like NotaryPro to draft and commission your statutory declaration.
