Cecily Zamora
A Statutory Declaration of Common-Law Union is a legal document that provides evidence of a common-law relationship between two people. In Canada, a common-law relationship is defined as a couple who have lived together for at least a year or more and are in a committed and exclusive relationship. The document helps establish the authenticity, duration, and nature of their relationship. It is often used in situations where individuals need to provide evidence of their relationship status, especially for immigration purposes.
| Characteristics | Values |
|---|---|
| Purpose | To prove a common-law relationship for legal, immigration, taxation, regulatory, and administrative purposes |
| Requirements | Couple must live together in a committed, conjugal relationship for at least a year, without marriage |
| Evidence | Joint bank accounts, mortgages, tax returns, life insurance, utility bills, rental agreements, jointly owned property, etc. |
| Declaration | Must be sworn or affirmed in front of a notary public, commissioner of oaths, or commissioner for taking affidavits |
| Form | IMM5409 or IMM5409E |
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What You'll Learn
Common-law relationship definition
A common-law relationship is a committed relationship similar to marriage, without a marriage certificate. In Canada, a common-law relationship is defined as a couple who have lived together for at least one year or more and have a committed and exclusive relationship.
A Statutory Declaration of Common-Law Union is a legal document that provides evidence of a common-law relationship between two people. It helps establish the authenticity, duration, and nature of their relationship. The document confirms that a couple has been living together for at least a year, in a committed relationship, but is not married.
To be considered common-law federally in Canada, a couple must live together in a conjugal relationship and not be married. One of the following conditions must also apply: they have lived together in a conjugal relationship for at least 12 continuous months (this can include a separation period of less than 90 days); or one partner has custody and control of the couple's child, and the child is wholly dependent on them for support.
The Statutory Declaration of Common-Law Union is commonly used to:
- Officially establish the legal recognition of a common-law relationship.
- Help enable an individual to sponsor their partner so they can come to Canada.
- Allow couples to access certain benefits and rights available to legally recognised couples, such as permanent residence in Canada.
The declarant and their partner must verbally make a solemn statement before an official, such as a notary public, to affirm the information they have provided is true. They must then sign the declaration before the authorised official, who confirms each partner's identity and witnesses their signatures.
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Proving a common-law relationship
A Statutory Declaration of Common-Law Union is a legal document that provides evidence of a common-law relationship between two people. It helps establish the authenticity, duration, and nature of their relationship. The document confirms that a couple has been living together for at least a year in a committed relationship similar to a marriage but without a marriage certificate.
To prove a common-law relationship, one must demonstrate proof of a shared life. This includes confirming whether the couple has joint financial accounts, including bank, trust, credit union, or charge card accounts. They may also need to provide evidence of jointly owned property, such as a residential lease, mortgage, or purchase agreement relating to a residence in which they both live. Other documents that can be used as proof include shared ownership of residential property, joint leases or rental agreements, and bills for shared utility accounts, such as gas, electricity, and telephone. Important documents for both partners showing the same address, such as driver's licenses, insurance policies, and identification documents, can also be used as proof.
Testimonials from friends and family acknowledging the relationship can also reinforce the notion of a genuine bond. Showing proof of consistent contact through messages, calls, and pictures together can contribute to the narrative of a sincere and lasting relationship.
In some cases, a sworn statement or affidavit may be required, in which the couple declares that they have been living together in a committed relationship and provides details about the nature of their relationship. This statement must be made verbally before a notary public or other authorized official and then signed in their presence. The official will confirm each partner's identity, witness their signatures, and provide their full name, signature, and official stamp to certify the declaration's validity.
It is important to note that the specific requirements for proving a common-law relationship may vary depending on the country or region, and individuals should refer to the relevant laws and guidelines in their jurisdiction.
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Common-law union eligibility criteria
A Statutory Declaration of Common-Law Union is a legal document that proves a common-law relationship between two individuals. It establishes the authenticity, duration, and nature of their relationship. This document is often 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 available to legally recognised couples.
To be eligible to file a Statutory Declaration of Common-Law Union, the couple must meet the following criteria:
- They must have been living together in a committed relationship for at least one year. This can include a separation period of less than 90 days.
- They must not be married.
- They must be able to prove their shared life, including confirming joint financial accounts, joint residential lease or mortgage, jointly owned property, and life insurance policies that name the partner as a beneficiary.
- They must declare their common-law union under the relevant tax regulations.
- They must verbally make a solemn statement before an official, such as a notary public, affirming that the information provided is true.
- The official will then witness the couple signing the declaration and provide their full name, signature, and official stamp to certify the declaration's validity.
It is important to note that the specific eligibility criteria and requirements for a Statutory Declaration of Common-Law Union may vary depending on the country or region. For example, in Canada, a couple must meet the criteria for a common-law relationship federally or within a specific province to be recognised as common-law partners. In Kuwait, common-law marriages are only recognised in the case of expatriate familial disputes, and only if the male partner's country of nationality recognises such partnerships. Additionally, the term "common-law marriage" is used in England and Wales and the English-speaking Caribbean to refer to unmarried, cohabiting heterosexual couples, but the specific legal requirements may differ.
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Common-law union declaration process
A Statutory Declaration of Common-Law Union is a legal document that serves as evidence of a common-law relationship between two people. It is a way of claiming your common-law partner during immigration applications. It is often used in situations where you need to provide evidence of your relationship status.
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 a year, in a committed relationship. This can include a separation period of less than 90 days.
To prove a common-law relationship, you must provide evidence of cohabitation. This can include joint bank accounts, joint ownership of property and homes, joint rental agreements, joint utility bills, and joint insurance policies.
The declaration must be sworn or affirmed to be true in front of a commissioner for taking affidavits or a notary public. It is a criminal offence to swear a false or misleading affidavit. The declarant and their partner must verbally make a solemn statement before an official to affirm the information they have provided is true. They then sign the declaration before an authorized official, who confirms each partner's identity and witnesses their signatures. The official provides their full name, signature, and official stamp to certify the declaration's authenticity.
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Benefits of a common-law union declaration
A statutory declaration of a common-law union is a legal document that provides evidence of a common-law relationship between two people. It is an official document that must be completed and signed by both partners in front of a notary public or commissioner of oaths. This document is crucial for common-law couples in Canada, offering them several benefits, including:
Immigration benefits
The IMM 5409 form is a specific type of statutory declaration used to establish a common-law relationship for immigration purposes. It allows common-law partners to be recognised as family members for sponsorship applications, visas, and other immigration procedures. By submitting this form, common-law couples can access the same immigration benefits as legally married spouses, such as open work permits for spouses of skilled workers.
Access to rights and benefits exclusive to married or common-law couples
Common-law status enables couples to access certain rights and benefits that are otherwise only available to married couples. This includes tax purposes, parental rights, hospital access, decision-making for a partner, and spousal sponsorship for immigration.
Pension benefits
The statutory declaration form can be used to apply for pension benefits, which may be relevant in cases of common-law partnerships where the couple has not married.
Recognition of common-law status
The form solidifies the recognition of a common-law relationship and can be used to prove the common-law status of a partner in legal proceedings. This is especially important when there is uncertainty about whether a relationship qualifies as "common-law," such as when a couple has lived together intermittently rather than continuously for twelve months.
Overall, the statutory declaration of a common-law union is an important tool for common-law couples in Canada, offering them legal recognition and access to a range of benefits and rights.
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