Cameron Miranda
The Statutory Declaration of Common-Law Union is a formal, legally binding document used to prove a common-law relationship for immigration purposes. The IMM 5409 form is used by individuals who include their common-law partners in their immigration applications to obtain immigration benefits for their partners. The form requires applicants to disclose whether they have accounts or documents in common, such as joint bank accounts or shared credit card statements, and to provide supporting documents that demonstrate a committed relationship. It is important to be accurate in the declaration as false statements are considered a criminal offence.
| Characteristics | Values |
|---|---|
| Form Number | IMM 5409 |
| Purpose | To prove a common-law relationship for immigration purposes |
| Requirements | Lived together in a conjugal relationship for at least 12 months continuously |
| Supporting Documents | Joint bank accounts, shared household expenses, jointly purchased household items, property agreements, etc. |
| Declaration | Must be made under oath before a qualified public official |
| False Statement | Making a false statement is a criminal offence |
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What You'll Learn
Common-law criteria
The term "common-law marriage" refers to a marriage that takes legal effect without the need for a marriage license or ceremony. Instead, it occurs when two legally capable individuals agree to be married, live together as a married couple, and present themselves to the world as such. The original concept of a "common-law marriage" is one that is considered valid by both partners but is not formally recorded with a state or religious registry.
While the term "common-law marriage" is often used to describe various types of couple relationships, such as cohabitation or other legally formalized relations, these are not legally recognized as marriages. However, they may be considered a "domestic partnership", "registered partnership", "common-law partner", "conjugal union", or "civil union".
In the context of immigration, there are specific criteria that must be met to establish a common-law union. Firstly, the couple must have lived together in a conjugal relationship for at least 12 months continuously, either inside or outside the country, or a combination of both. Once this minimum period of cohabitation is met, the couple will be considered common-law even if they temporarily separate afterward, such as for work purposes or to assist family members abroad.
To prove their relationship, couples can submit a Statutory Declaration of Common-Law Union (IMM 5409) along with supporting documents. This form lends more weight to their statements as it is a criminal offense to make a false statement in a statutory declaration. The process involves an independent third party, such as a Notary Public or a Commissioner of Oaths, in front of whom both parties declare the truth of the form's contents.
The Statutory Declaration of Common-Law Union may include information such as jointly owned bank accounts, shared household expenses, jointly purchased household items, and any other evidence that can prove the couple has been living together. Additionally, the form may inquire about jointly signed residential leases, mortgages, jointly owned property, joint bank accounts, declarations under the Canadian Income Tax Act, and life insurance policies that name each other as beneficiaries.
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Supporting documents
A Statutory Declaration of Common-Law Union is a legal document that provides evidence of a common-law relationship between two people. It establishes the nature and duration of a relationship for legal, taxation, regulatory, and
To be considered common-law federally in Canada, a couple must live together in a conjugal relationship and not be married. They must have lived together for at least 12 continuous months, including any separation period of less than 90 days.
The Statutory Declaration of Common-Law Union form requires specific details about the couple and their relationship. This includes:
- The location of the declaration: the country and province where it is being made.
- Personal information: both partners' full legal names, current address, and dates of birth.
- Relationship details: the length of the common-law relationship and the date they began living together.
- Relationship status: an indication of whether the couple has any accounts or documents in common, such as joint bank accounts or shared credit cards. If not, alternative information can be listed, such as proof of shared ownership of residential property, residential leases, rental receipts, or bills for shared utilities.
The form must be signed and dated by both partners in the presence of a public official, such as a notary public or the Commissioner of Oaths. It is compulsory to use legal names as they appear on passports. The official will then provide their full name, signature, and official stamp to certify the declaration's authenticity.
In addition to the Statutory Declaration of Common-Law Union form, supporting documents that demonstrate the relationship may be required. These can include:
- Joint bank account statements.
- Lease agreements.
- Bills in both partners' names, such as for shared utilities (internet, telephone, electricity, etc.).
- Proof of shared management of household expenses or shared purchases, such as bills from Amazon or similar services.
- Mail addressed to either or both partners at the same address.
- Identification documents showing the same address, such as driver's licenses or insurance policies.
- Letters from family members, friends, or community leaders attesting to the relationship.
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Common accounts or documents
A statutory declaration of common-law union is a legal document that provides evidence of a common-law relationship between two people. It is a way to prove that a couple has been living together for at least a year in a committed relationship without being married. This document is often used for immigration purposes, visa applications, and permanent or temporary residency applications. It is also used to establish the legal recognition of a common-law relationship, enable an individual to sponsor their partner to come to a country, and allow couples to access certain benefits and rights.
To be considered common-law in Canada, a couple must live together in a conjugal relationship and not be married. They must have lived together for at least 12 continuous months, and this can include a separation period of less than 90 days. The couple must also demonstrate proof of their shared life, which includes confirming whether they have joint financial accounts, such as bank accounts, trusts, or credit union or charge card accounts. They may also need to provide evidence of sharing household expenses, such as bills paid by one partner or jointly purchased household items.
Other common documents or accounts that can be used as proof of a common-law union include:
- Jointly signed residential leases, mortgages, or purchase agreements for a residence in which both partners live.
- Joint ownership of property other than the primary residence.
- Declaration of the common-law union under the Canadian Income Tax Act (T-1 "General Individual Income Tax Return").
- Life insurance policies that name the common-law partner as a beneficiary.
- Any other documentary evidence that indicates a relationship as common-law partners, such as emails, letters, or other forms of communication.
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Common-law immigration benefits
Common-law relationships can be complex to prove, and the process can vary depending on the country. In Canada, for instance, a common-law partnership is recognized for immigration purposes when a couple has lived together for at least a year in a conjugal relationship, as defined by Immigration, Refugees and Citizenship Canada (IRCC). This is supported by evidence of cohabitation, and the relationship is considered on a case-by-case basis.
To prove a common-law partnership in Canada, couples can submit a Statutory Declaration of Common-Law Union (IMM 5409) along with supporting documents. This includes evidence of shared finances, such as joint bank accounts or bills, and proof of cohabitation, such as a residential lease. The form must be signed in front of a qualified public official, such as a Notary Public or Commissioner of Oaths, adding a layer of formality and legal weight to the process.
In the United States, the recognition of common-law marriages for immigration purposes is more nuanced. While some states recognize common-law marriages as equivalent to traditional marriages, others do not. The U.S. Citizenship and Immigration Services (USCIS) recognizes common-law marriages for naturalization if the marriage is valid and recognized by the state in which it was established. This is true even if the naturalization application is filed in a state that does not recognize such marriages.
Additionally, U.S. immigration law requires that, for a common-law marriage or cohabitation to be recognized for visa adjudication, it must be legally recognized in the jurisdiction where it was established and be fully equivalent to a traditional marriage in terms of rights and obligations. This includes considerations such as termination only by divorce or death, alimony rights, and custody rights for children.
It is important to note that the recognition of common-law relationships can have significant implications for immigration status and visa eligibility, especially when one partner holds a non-immigrant visa. As such, seeking expert advice and ensuring compliance with the specific requirements of the relevant jurisdiction is crucial.
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Common-law declaration process
The Statutory Declaration of Common-Law Union is a form that allows common-law partners to declare their relationship for immigration purposes. The form is also known as the IMM 5409 Form and can be used to provide evidence of a common-law relationship to Immigration, Refugees and Citizenship Canada (IRCC). The IMM 5409 Form is a straightforward process that requires basic information about the common-law partners, including their names, addresses, and dates of birth. The form also asks for details about the duration of the relationship and whether the partners have lived together continuously for at least one year.
To complete the form, both partners must provide details about their relationship, including the length of time they have been living together and the nature of their commitment to each other. The form must be signed and notarized by a notary public or commissioner of oaths, who will certify that the information provided in the form is true and accurate to the best of their knowledge. It is important to use the most recent version of the form when submitting your application, and the date can be found in the bottom left corner. The most recent version as of April 2025 is from January 2023.
The form also requires the number of continuous years the couple has cohabited, with the start and end dates. The start date is when the couple first moved in together, not when they started dating. If the couple is still living together at the time of signing the declaration, the end date can be "to present" or the date the form will be signed. If there have been multiple periods of cohabitation, the most recent period of more than 12 months in duration should be indicated. The form includes yes or no questions that should not be left blank.
In addition to the form, supporting documents may be required to prove the common-law status of the couple. This can include evidence of jointly owned bank accounts, household expenses, jointly purchased household items, and any other documents that can prove cohabitation. It is important to be accurate on the form to avoid problems and delays and to ensure that the couple obtains the immigration benefits available to them.
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Frequently asked questions
A statutory declaration of a common-law union is a form used by individuals who include their common-law partners in their immigration applications. It is a way to prove that the couple has been in a common-law relationship for at least one year and is considered more formal than other immigration forms as it involves an independent third party.
Individuals who are applying for immigration and wish to claim their common-law partner in their application need to submit a statutory declaration of a common-law union.
The parties must disclose whether they have accounts or documents in common, such as joint accounts, shared credit cards, proof of shared ownership of residential property, or residential leases. They must also declare that they have read and understood all the statements mentioned in the form and orally state that the declaration is true.
