Notarize A Statutory Declaration of Common-Law Union

January 16, 2017 | Published by

Are you looking to commission a lawyer or notary public to notarize a statutory declaration of common-law union? Here’s what you need to know.

Any Canadian citizen or permanent resident who is 18 years of age or older and living in Canada is eligible to sponsor a spouse, common-law partner, or conjugal partner to become a permanent resident in Canada. The partner must also be 18 or older.

One of the requirements to sponsor a common-law partner for permanent residency is to prove to Immigration, Refugees and Citizenship Canada (IRCC) that you are in fact genuine common-law partners who have been together for at least 12 months.

There are several items and documents that you can use to prove that you are common-law partners including:

  • a statutory declaration of common-law union;
  • shared credit cards;
  • statements for shared bank accounts;
  • proof of shared ownership of residential property;
  • shared residential leases;
  • shared rental receipts;
  • bills for shared utility accounts including gas, electricity, and telephone;
  • proof of shared management of household expenses;
  • evidence of shared purchases, most importantly being household items;
  • mail addressed to either or both of you at the same address;
  • important documents for both of you showing the same address, including
    • driver’s licences;
    • other identification documents; and
    • insurance policies.
  • any other documents that show that you have been living together.

The above list provides examples of documents that you can use to prove your common-law union, it is not required that you have all of them.

It is important to know that items and documents such as photos, telephone bills and letters will not be returned by the IRCC, so if they are important to you, have a lawyer or notary public provide you with a certified copy of the above documents. Also note that IRCC will not accept videos or CDs.

As a lawyer and notary public in Vancouver, I often assist couples with their statutory declaration of common-law union forms called the IMM 5409, which you can find here. This form requires both you and your common-law spouse to fill it out and sign it in front of a lawyer or notary public, who also signs and stamps it after you have both solemnly declared the contents of the form to be true.

After the document has been signed and stamped, it becomes a legal document and evidence to the IRCC that you and your partner are in fact in a genuine common-law union.

If you have any questions about the Statutory Declaration of Common-Law Union, or would like to have this document notarized, please do not hesitate to call or email Kieran Morris at Morris Notary.