Statutory Declaration of Common-Law Union

A Statutory Declaration of Common-Law Union, or IMM5409, is most commonly used in sponsorship applications where the applicants are not married, but have lived together for a minimum of one year in a marriage like relationship.

A Statutory Declaration is a statement of facts made in writing. The person(s) making the written declaration must do so before a commissioner of oaths, such as a notary public or lawyer, stating that they believe that everything contained within the document is true. The effect of this is the same as swearing in court that everything you say as a witness is true.

The IMM5409 is a prescribed form from Citizenship and Immigration Canada in which you and your partner swear that you are common-law spouses. However, more documentation should be included to prove your common-law status. The following are some examples of documents that you can use:

• Utility bills such as electricity, gas, or telephone, on which both your names appear;
• Shared bank account statements;
• Mail addressed to both your names, or individually to the same address;
• Residential lease agreement;
• Shares rent receipts;
• Evidence of shared purchases;
• Shared credit cards and credit card statements;
• Any other documents that will show that you are living together.

The above is not an exhaustive list and you do not required to have all of the above items to prove your common-law status. You must also keep in mind that not everything you send will be returned to you. So avoid sending anything that has value to you such as photographs, unless you do not care to have them returned.

At Vancouver Downtown Notary, we will assist you every step of the way and make sure you fully understand what you are signing. If you have any questions, please do not hesitate to contact us at 778-819-8553 or email [email protected]