IMM 5409 Tips & FAQs | Filling A Statutory Declaration of Common-Law Union

IMM 5409 Tips & FAQs | Filling A Statutory Declaration of Common-Law Union

In this article, we will briefly detail the purpose of the IMM 5409 form, the requirements, how to fill it out, and essential FAQs.

The IMM 5409 form applies to those individuals who wish to add their common-law partner to their immigration applications. The Canadian government offers a few family-class sponsorship programs. These programs help individuals sponsor their family members for immigration as a permanent residents of Canada.

This form is NOT needed if you are in a formal married union with another person. This form is for a common-law partner; a person who has an unmarried union with another person. To better understand who a common-law partner is, continue reading

Use of a Statutory Declaration of Common-Law Union Form (IMM 5476)

An IMM 5409 is a document you can download as a PDF form and submit when you wish to claim your common-law partner in your immigration applications. You can download the IMM 5409 form and it can be used in a variety of immigration applications such as:

  • Visa extensions
  • Student permit applications
  • Worker permit applications
  • Temporary Residence visas
  • Family-based immigration applications

Common-Law Partner

If your CIC sponsorship application is going to be signed by your common-law partner, they will be required to complete the Statutory Declaration of Common-Law Union IMM 5409 form. A person is considered your common-law partner if you are in an unmarried union. If you are formally married then you do not need to complete the Statutory Declaration of Common-Law Union IMM 5409 form but instead, need to fill out a different form.

In order for your partner to be validated as a common-law partner, you will need to meet some requirements. The relationship must continue for at least one year and you will need to provide all possible proof and documentation that your relationship is real and true. 

Some of the items that common-law partners need to attach to their Canadian immigration application are:

  • The IMM 5409 form
  • Bank statements from a bank account jointly owned by both parties
  • Invoices or any physical documentation that you and your partner have shared household expenses 
  • Bills demonstrating jointly purchased household items 
  • Life insurance policies
  • Any other document that can act as proof you have been living together.

You and your common-law partner will also need to meet two other requirements for filling out the IMM 5409 form. Your common-law partner may need to sign an undertaking form which determines that both parties meet the income requirements with their combined incomes. Your partner must also take an oath before a Commissioner of Oaths.

(IMM 5409) Instruction Guide For Filling Out A Use of a Representative Form

Before you fill out your IMM 5409 form you need to fulfil two requirements during the procedure:

  • You must be physically present with a Commissioner of Oaths when you sign the form.
  • You must declare to the Commissioner of Oaths that everything mentioned in the IMM 5409 form has been read and fully understood. You must orally state that all information in your declaration is true and legally the same as making a declaration under oath.

Fulfilling those two requirements, there are then three steps to filling out the IMM 5409 form.

1. Prepare Complete Documentation

Meet the requirements mentioned above and have all the extra documentation we mentioned before ready. Follow the instructions and fill out the IMM 5409 form. 

Once you have completed filling out the form online, click the ‘validate’ button and make sure you have filled out all forms.

2. Validate the Form

Validating your IMM 5409 form will help you find any incomplete parts of your application. This is very important in preventing any delays in processing your application. After validation is complete, you will see barcodes and a signature line appear on the last page.

3. Print the Form

Make sure you use a higher quality printer and paper as you want to get the best results. Don’t forget to sign and put a date on the signature line mentioned before. After placing your application and all your documents together in a package, place the barcode page you received on top of the package. You will need a separate barcode for each page if you have more than one package to submit.

Your application is now ready to be submitted.

Important FAQs

What If My Partner and I are in Seperate Countries?

You and your partner will need to be together when you sign the form with a Commissioner of Oaths. Citizenship and Immigration Canada assumes you live together if you are applying as a common-law couple.

Which Address Should We Use If We Live in Canada? Current Address or Previous Address Where We Used to Live?

Use your current address in Canada on your declaration form regardless of how long you have lived in Canada.

Does the Commissioner of Oaths Need to Be From the Canadian Embassy?

Preferably, yes. If you are in an English speaking country, a local Commisioner of Oaths should be fine. However, if you are in a non-English speaking country the stamp would likely not be in English and so you would have to get the stamp translated and have the translation notarised.

I am Travelling to Canada for Tourism and My Partner is Not Coming with Me, Do I Need to Fill Out This Form?

Yes, you will still need to fill out the IMM 5409 form. You must include your common law statutory declaration in your visa application if you are in a common law relationship, regardless of whether or not your common law spouse is accompanying you.

Can We Sign the Form if We’ve Lived Together for Less Than One Year?

Unfortunately, no. Only once you and your partner are actually common-law partners can you sign the Statutory Declaration of Common-Law Union form. To be considered as common-law, you must have been living together for at least one year.

Choose Canada Magazine

Each member of our team at Choose Canada Magazine has been in Canada for over five years, and has helped dozens of people worldwide find their life in Canada.

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