Gavin Howe
A statutory declaration of common-law union is a legal document that proves that two individuals are in a common-law relationship. It is often required for various purposes by governmental agencies in Canada and other countries where common-law relationships are legally recognised. In Canada, a common-law partnership is established when two people have lived together for at least 12 consecutive months in a conjugal relationship and are not married. To obtain a statutory declaration of common-law union, individuals must complete and sign the IMM 5409 form in the presence of a notary public or commissioner of oaths. This form must include information about both partners, such as their full legal names, dates of birth, and addresses, as well as details about their relationship, including the duration and nature of their commitment. The purpose of this form is to provide evidence of a committed and exclusive relationship for legal, immigration, taxation, and administrative purposes.
| Characteristics | Values |
|---|---|
| Purpose | To provide evidence of a common-law relationship between two people |
| Legal Definition | Depends on legislation, matter, and circumstances, ranging from living together for 12-36 months to caring for a child |
| Recognition | Common-law status is recognised in Canada and other countries where common-law relationships are legally recognised |
| Requirements | Evidence of living together for at least 12 months, committed and exclusive relationship, full legal names, dates of birth, addresses, date started living together, nature of commitment |
| Supporting Documents | Bills, bank statements, joint leases, mortgages, insurance policies, tax returns |
| Form | IMM 5409, signed and witnessed by a notary public or commissioner of oaths |
| Commissioning | Authorised official confirms each partner's identity and witnesses their signatures, provides full name, signature, and official stamp |
| Verbal Statement | Both partners must verbally affirm the information provided is true |
| Benefits | Access to rights and benefits available to legally recognised couples, immigration benefits, visa applications, residency applications |
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What You'll Learn
Common-law union requirements
A common-law partnership, also known as a common-law union, is a relationship between two people who live together in a conjugal relationship but are not legally married. In Canada, a common-law partnership is recognised as a legal status and is subject to certain legal rights and responsibilities.
To be considered common-law federally in Canada, a couple must live together in a conjugal relationship and not be married. To establish a common-law partnership, couples must generally live together for at least 12 consecutive months. However, the duration can range from 12 to 36 months, depending on the legislation, matter, and circumstances.
To obtain a declaration of common-law union, you must meet the requirements of your province or territory. You will generally need to provide evidence that you have lived together for at least 12 consecutive months and that you are in a committed and exclusive relationship. Examples of documentation that can be used as evidence include bills, bank statements, joint leases or mortgages, and other documents that indicate a common-law partnership.
The Statutory Declaration of Common-Law Union form, also known as form IMM 5409, must be completed and signed by both partners. The form requires basic information, such as the full legal name, date of birth, and address of both partners, as well as the date the couple began living together and the nature of their commitment. The form must be witnessed by a notary public or commissioner of oaths, who will verify the identity of both partners and confirm the validity of the declaration.
The Statutory Declaration of Common-Law Union is often required for various purposes by governmental agencies, both in Canada and other countries where common-law relationships are legally recognised. It is commonly used for immigration purposes, applying for benefits, court-related matters, real estate transactions, and accessing rights and benefits available to legally recognised couples.
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Completing the IMM 5409 form
To complete the IMM 5409 form, you must first download the form using a computer, as it may not open on tablets or mobile phones. The form can be downloaded from the IRCC website. It is important to use the most recent version of the form, which can be found by checking the date in the bottom left corner.
Once downloaded, open the form using Adobe Acrobat Reader (version 10 or higher). Read the step-by-step instructions on how to complete the form. The form must be completed and signed with handwritten signatures. It can either be typed or completed by hand in black ink. Use your full legal names, exactly as shown on your passport.
The IMM 5409 form requires the number of continuous years you have cohabited as a couple, with the start and end dates. If you are still living together at the time of signing the declaration, the end date can be "to present" or the date you will sign the form. If you have more than one period of cohabitation, put the most recent period when you lived together for more than 12 months. Boxes 1 and 2 require yes or no answers; do not leave any blank.
After filling out the form, do not sign or date it until you are in front of a qualified public official, such as a Notary Public, a Commissioner of Oaths, or a Commissioner of Taking Affidavits. The official will witness your signatures and provide their full name, signature, and official stamp to certify the declaration's validity. Before an official, both parties must declare the truth of the form's contents.
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Supporting documents
The Statutory Declaration of Common-Law Union is a legal document that establishes the authenticity, duration, and nature of a common-law relationship. It is a crucial step for common-law partners who wish to immigrate to Canada, and it is always important to use the most recent version of the form.
The IMM 5409 form is a document used by Immigration, Refugees and Citizenship Canada (CIC) to declare that two individuals are in a common-law relationship. It is a solemn declaration where both parties declare the truth of its contents in front of a qualified public official, such as a Notary Public, a Commissioner of Oaths, or a Commissioner of Taking Affidavits.
When submitting the IMM 5409 form, it is necessary to provide additional evidence to support the claim of common-law status. This evidence should prove cohabitation and the ongoing nature of the relationship. One of the most crucial pieces of evidence is financial documentation, which demonstrates shared financial commitments and responsibilities. Examples include:
- Joint bank accounts
- Joint credit cards
- Insurance policies
- Shared utility bills
In addition to financial documents, couples must also provide proof of residence, such as:
- Joint leases
- Mortgages
- Purchase agreements for a shared residence
Other documents that can be used as evidence of the relationship include photographs, letters, and affidavits from friends and family members who can attest to the couple's relationship. It is important to note that providing false information or documents can result in serious consequences, including a refusal of the application and possibly being barred from future applications.
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Signing and witnessing
Signing:
The Statutory Declaration of Common-Law Union form, also known as Form IMM 5409, must be signed by both partners in the relationship. This form is a legal document that provides evidence of a common-law relationship between two individuals who are living together in a committed and exclusive relationship without being legally married. It is important to note that the specific requirements for establishing a common-law relationship may vary depending on the province or territory in Canada or the legislation in other countries where common-law relationships are legally recognized.
Witnessing:
To ensure the validity of the declaration, the signatures of both partners must be witnessed by an authorized official. This official can be a notary public, a commissioner for taking affidavits, or a commissioner of oaths, depending on the jurisdiction. The role of the witness is to confirm the identity of each partner and verify that they are signing the declaration willingly and knowingly. The witness also provides their full name, signature, and official stamp to certify the declaration's validity and authenticity. This step adds a layer of credibility and legal recognition to the declaration.
Online Witnessing Options:
In today's digital age, it is possible to have your Statutory Declaration of Common-Law Union commissioned online. Services like NotaryPro offer the convenience of connecting with a notary public online, who will verify your identity and witness your electronic signature. This streamlined process can save time and eliminate the need for in-person appointments.
Solemn Statement:
In addition to signing and witnessing, the process of obtaining a declaration of a common-law union typically includes making a solemn statement. Before an official, both partners verbally affirm that the information provided in the declaration is true. This step adds a layer of seriousness and legal weight to the declaration, as making a false statement is considered a criminal offence.
By following these signing and witnessing procedures, individuals can obtain a valid and recognized declaration of their common-law union, which can then be used for various legal, immigration, taxation, and administrative purposes. It is important to ensure accuracy and completeness throughout the process to avoid any delays or complications in obtaining the associated rights and benefits of a common-law relationship.
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Common-law union uses
A statutory declaration of common-law union is a legal document that proves a couple has been living together for at least a year in a committed relationship without being married. It establishes the authenticity, duration, and nature of their relationship.
Common-law status enables couples to access benefits and rights available to married or common-law partners. This includes taxation and financial benefits, such as joint bank accounts, credit cards, and property ownership. It also allows couples to access certain rights, such as sponsoring their partner for immigration or visa applications, and permanent or temporary residency applications.
In Canada, a statutory declaration of common-law union is often used to help enable an individual to sponsor their partner so they can come to the country. This is especially important when applying for permanent residence. It is also used as supporting evidence for immigration sponsorship and visa applications.
In Manitoba, common-law unions are registered in the Manitoba Common-Law Registry. The Common-Law Partners Property and Related Amendments Act, which came into effect in 2004, created new property rights and obligations for people in common-law relationships, including same-sex relationships. This means that if a common-law couple separates, each partner is entitled to half the value of the property acquired during the relationship.
In some countries, common-law marriage or partnerships have limited recognition in specific situations, such as in Kuwait for expatriate familial disputes, or in former British colonies like the English-speaking Caribbean islands.
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