IMM 5409 – Statutory Declaration of Common-Law Union

1. What is the purpose of the IMM 5409 – Statutory Declaration of Common-Law Union form?

The purpose of the IMM 5409 – Statutory Declaration of Common-Law Union form is to provide a legal declaration of a common-law relationship between two individuals. This form is typically required by Canada’s immigration authorities when a couple wishes to prove that they are in a committed, conjugal relationship but are not legally married. By completing this form, the individuals attest to the fact that they have been living together in a conjugal relationship for a certain period of time and are committed to each other emotionally and financially. This declaration is crucial for couples applying for immigration benefits based on their common-law status, as it serves as evidence of their genuine, long-term relationship.

2. Who needs to complete the IMM 5409 form?

The IMM 5409 form, Statutory Declaration of Common-Law Union, needs to be completed by individuals who are in a common-law relationship and are seeking to establish their partnership for immigration purposes. Common-law partners are individuals who have been living together in a conjugal relationship for at least one year. This form is a legal declaration that attests to the nature of the relationship and is used as evidence to support an immigration application for common-law partners. It is essential for both partners to complete and sign the IMM 5409 form, providing details about their relationship and jointly declaring the accuracy of the information provided.

1. The IMM 5409 form plays a crucial role in demonstrating the genuineness of a common-law relationship to immigration authorities.
2. Failure to accurately complete this form may result in delays or denials in the immigration process.

3. What is the definition of a common-law partner for immigration purposes?

A common-law partner, for immigration purposes, is defined as a person who has been living with their partner in a conjugal relationship for at least one year. This relationship must be continuous and cohabitation should be proven through various means such as shared bills, joint accounts, or affidavits from friends and family. It is crucial to note that common-law partners do not need to be legally married or in a civil partnership to be considered as such for immigration purposes. The Statutory Declaration of Common-Law Union form (IMM 5409) is often used to declare the existence and nature of the common-law relationship when applying for certain immigration benefits, such as sponsorship or permanent residency.

4. What information and details are required to be provided in the IMM 5409 form?

In the IMM 5409 form for a Statutory Declaration of Common-Law Union, several key pieces of information and details must be provided. Firstly, both individuals in the common-law relationship must include their full legal names, addresses, dates of birth, and contact information. Secondly, they need to outline the duration of their cohabitation and provide the start date of their common-law union. Additionally, details about any joint financial responsibilities or assets shared between the couple should be disclosed. Furthermore, the form requires a declaration that both partners are in a committed and exclusive relationship, akin to a marriage, but have chosen not to formalize it legally. Overall, filling out the IMM 5409 form necessitates a comprehensive account of the couple’s shared life and commitment to each other.

5. Is the IMM 5409 form required for all common-law partners applying for immigration benefits?

Yes, the IMM 5409 form is required for all common-law partners applying for immigration benefits through Immigration, Refugees and Citizenship Canada (IRCC). This form serves as a statutory declaration of common-law union, where both partners declare the details of their relationship, including how long they have been living together in a committed relationship. The completion of this form is crucial in demonstrating the legitimacy of the common-law partnership to immigration authorities. Additionally, providing accurate and truthful information on the IMM 5409 form is essential to avoid any delays in the visa application process or potential refusal of the application. It’s important for applicants to adhere to the requirements outlined by IRCC to ensure a smooth processing of their immigration application.

6. Can the IMM 5409 form be completed by both partners or only one partner?

The IMM 5409 form can be completed by both partners in a common-law union. It is recommended for both partners to provide their respective information and declarations on the form in order to establish the common-law relationship comprehensively. This includes details about their living arrangements, financial commitments, social activities, and any joint responsibilities they may share. By filling out the form together, both partners can provide a complete picture of their common-law union for the immigration authorities to assess. It is essential for both partners to be truthful and thorough in their responses on the form to demonstrate the genuineness of their relationship.

7. Are there any specific requirements for the witnesses who sign the IMM 5409 form?

Yes, there are specific requirements for the witnesses who sign the IMM 5409 form declaring a common-law union. The witnesses must be 18 years of age or older. They cannot be the applicant or the partner in the common-law relationship. Additionally, the witnesses should not be related to either party by blood or adoption. It is essential that the witnesses are aware of the nature of the relationship between the applicant and the partner and can attest to its validity. The witnesses must also be present when both parties sign the form and declare their common-law union. It is crucial for the witnesses to understand the seriousness of the declaration they are signing and be willing to vouch for the authenticity of the relationship.

8. How should the completed IMM 5409 form be submitted to the immigration authorities?

The completed IMM 5409 form, Statutory Declaration of Common-Law Union, should be submitted to the immigration authorities by mail or courier along with the rest of the required application documents. It is important to ensure that the form is filled out accurately and signed by both partners in the common-law relationship. The form should be included in the application package in a clearly labeled and organized manner, following the instructions provided by the immigration authorities. It is advisable to make a copy of the completed form for your records before submitting it, in case it is needed for reference in the future.

1. Ensure all information is accurate and up-to-date.
2. Sign the form accordingly.
3. Include it in the application package.
4. Keep a copy for your records.

9. What are some common mistakes or errors to avoid when completing the IMM 5409 form?

When completing the IMM 5409 form, there are several common mistakes or errors to avoid to ensure the accuracy of the statutory declaration of common-law union. Firstly, make sure all information provided is truthful and accurate to the best of your knowledge. Avoid providing conflicting or inconsistent information throughout the form.

Secondly, ensure that both parties involved in the common-law union sign the form in the presence of a qualified official, such as a notary public or commissioner of oaths. This is a crucial step to validate the statutory declaration.

Thirdly, double-check all details entered on the form, including names, dates, and other personal information, to avoid any typographical errors or inaccuracies.

Finally, it is essential to submit all required supporting documents as listed in the document checklist provided by Immigration, Refugees and Citizenship Canada (IRCC). Failure to include necessary documents can result in delays or rejection of the application. By avoiding these common mistakes and errors, applicants can ensure a smooth and successful completion of the IMM 5409 form for a statutory declaration of common-law union.

10. Can the IMM 5409 form be used as evidence of a common-law union in other legal matters?

Yes, the IMM 5409 form can be used as evidence of a common-law union in other legal matters. This form is specifically designed by Immigration, Refugees and Citizenship Canada (IRCC) for the purpose of declaring a common-law relationship for immigration purposes. However, it can also be accepted as evidence of a common-law union in various legal matters outside of immigration, such as insurance claims, inheritance rights, and certain benefits eligibility. It is important to note that the acceptance of the IMM 5409 form as evidence of a common-law union may vary depending on the specific legal context and the requirements of the authority or organization involved. It is advisable to consult with a legal professional or the relevant entity to determine the acceptability of the form in a particular legal matter.

11. How long is the IMM 5409 form valid for?

The IMM 5409 form is valid for a period of 12 months from the date it is signed and sworn or affirmed by the declarant(s). After this period, the form will expire and a new one will need to be completed if the common-law union is still ongoing and requires documentation. It is important to note that the validity of the form is based on the date it is signed and not on the date of the common-law union itself. Therefore, it is essential to ensure that the information provided on the form is accurate and up to date at the time of submission to immigration authorities.

12. Can the IMM 5409 form be used for spousal sponsorship applications as well?

Yes, the IMM 5409 form can be used for spousal sponsorship applications in addition to common-law union declarations. When submitting a spousal sponsorship application, the sponsor and the sponsored spouse must provide evidence of their genuine relationship, including completing the IMM 5409 form to declare their common-law union or marriage. This form helps immigration authorities assess the credibility of the relationship and determine if it meets the requirements for sponsorship. Along with the completed form, other supporting documents such as a marriage certificate, joint bank account statements, shared bills, and photos of the couple together can strengthen the application and prove the legitimacy of the union. It is important to ensure that all information provided is accurate and truthful to avoid any delays or issues in the sponsorship process.

13. Are there any consequences for providing false information on the IMM 5409 form?

Providing false information on the IMM 5409 form can have serious consequences. It is considered a criminal offense to knowingly make false statements or provide false information on any immigration form. If an individual is found to have provided false information on the Statutory Declaration of Common-Law Union form, they may face charges of misrepresentation under the Immigration and Refugee Protection Act. The consequences of misrepresentation can include being barred from entering Canada for a period of time, being removed from Canada if already in the country, and other legal penalties. It is important to always provide accurate and truthful information on immigration forms to avoid these severe consequences.

14. Is there a specific format or template for the IMM 5409 form that must be followed?

Yes, there is a specific format and template for the IMM 5409 form that must be followed when completing the Statutory Declaration of Common-Law Union. The form is provided by Immigration, Refugees and Citizenship Canada (IRCC) and can be accessed on their official website. When filling out the form, it is important to ensure all sections are completed accurately and truthfully. The form typically requires information such as personal details of both partners, details of the common-law relationship, and a declaration that the information provided is true. It is crucial to follow the instructions provided on the form and ensure that all required information is provided to avoid any delays or issues with the application process.

15. Can the IMM 5409 form be submitted electronically or does it need to be a physical copy?

The IMM 5409 form, which is the Statutory Declaration of Common-Law Union, can be submitted electronically in certain cases. However, it is important to note that the requirements for submission may vary depending on the specific immigration office or process you are applying through. In general, many immigration applications now allow for electronic submission of forms and supporting documents, but it is advisable to check the specific instructions provided by Immigration, Refugees and Citizenship Canada (IRCC) or the relevant immigration authority to ensure that electronic submission is accepted in your case. If you are uncertain, it is recommended to consult with an immigration professional or contact the appropriate authority for clarification.

16. Are there any language requirements for completing the IMM 5409 form?

Yes, there are specific language requirements for completing the IMM 5409 form, which is the Statutory Declaration of Common-Law Union. As per the instructions provided by Immigration, Refugees and Citizenship Canada (IRCC), the form must be completed in either English or French. This means that all information provided on the form, including the declaration of the common-law union and accompanying signatures, should be written in one of these official languages. It is important to ensure that all details are accurately and clearly presented in the chosen language to avoid any issues or delays in the processing of the application. Failure to comply with the language requirement may result in the rejection of the form by the immigration authorities. Thus, it is crucial for applicants to adhere to this language requirement when completing the IMM 5409 form.

17. Is there a fee associated with submitting the IMM 5409 form?

Yes, there is a fee associated with submitting the IMM 5409 form. Individuals who are applying for permanent residency in Canada through the Spouse or Common-law Partner in Canada Class are required to submit this form along with their application. As of the last update in December 2021, the fee for processing the IMM 5409 form is CAD $550 per applicant. This fee is subject to change, so it is advisable to check the most recent fee schedule on the official Government of Canada website. Additionally, there may be biometrics fees or other fees associated with the application process depending on the specific circumstances of the applicant. It is important to ensure that all fees are paid in full and on time to avoid delays in processing the application.

18. Can the IMM 5409 form be submitted after the initial application has been filed?

Yes, the IMM 5409 form can be submitted after the initial application has been filed. It is an important document used to provide evidence of a common-law relationship for immigration purposes. If the form was not initially submitted with the application, it can be sent separately to the relevant immigration authorities. However, it is recommended to include all required forms and supporting documents with the initial application to avoid any delays in processing. If the IMM 5409 form is submitted separately, ensure it is completed accurately and signed by both partners to strengthen the application. It is advisable to check with the specific immigration authority to confirm their procedures for submitting additional forms after the initial application has been filed.

19. What supporting documents should be included with the IMM 5409 form?

When submitting the IMM 5409 form for a Statutory Declaration of Common-Law Union, it is crucial to include various supporting documents to validate the common-law relationship. Some of the key documents that should be included are:

1. Joint Bank Account Statements: These statements can demonstrate financial interdependence and shared responsibilities.

2. Utility Bills or Lease Agreements: These documents can establish shared living arrangements and address history.

3. Correspondence Addressed to Both Partners: Letters, cards, or packages addressed to both partners at the same address can prove cohabitation.

4. Insurance Policies or Benefits: Any insurance policies or beneficiary designations that list the partner can help establish the relationship.

5. Joint Ownership Documents: Property titles, vehicle registrations, or other joint ownership documents can show shared assets.

6. Affidavits from Friends or Family: Sworn statements from individuals who can attest to the nature of the relationship can further support the common-law union.

Including a comprehensive set of supporting documents with the IMM 5409 form strengthens the evidence of a genuine common-law relationship, increasing the chances of a successful application.

20. Are there any circumstances where the IMM 5409 form may not be required for common-law partners?

Yes, there are circumstances where the IMM 5409 form may not be required for common-law partners. These circumstances typically involve providing alternative forms of evidence to demonstrate the existence of a common-law relationship. Some situations where the IMM 5409 form may not be required include:

1. If the common-law partners have been living together for a significant period of time (usually one year or more) and can provide sufficient documentation such as joint bank accounts, shared bills, or joint property ownership to prove their relationship.

2. If the common-law partners have children together, this can also serve as strong evidence of their commitment and relationship, potentially eliminating the need for the IMM 5409 form.

3. In cases where one partner is unable to provide the statutory declaration due to extenuating circumstances, such as medical reasons or legal restrictions, alternative forms of evidence may be accepted by immigration authorities.

In such cases, it is important for common-law partners to consult with immigration authorities or seek guidance from a legal professional to determine the appropriate documentation needed to support their application without the IMM 5409 form.