Statutory Declaration of Common-Law Union Guide: A Comprehensive Overview (Updated December 24, 2025)

This guide provides a detailed overview of the Statutory Declaration of Common-Law Union (IMM 5409), essential for Canadian immigration, updated on December 24, 2025.

What is a Statutory Declaration of Common-Law Union?

A Statutory Declaration of Common-Law Union is a legally binding document utilized to formally attest to a common-law relationship. In Canada, this signifies a couple cohabitating for a minimum of one year, demonstrating a committed and exclusive partnership, akin to marriage but without a formal marriage license.

This declaration, often the IMM 5409 form, isn’t simply a statement; it’s a sworn affidavit. It requires both partners to declare their relationship’s authenticity before a Commissioner of Oaths. It serves as crucial evidence for various immigration processes, proving the genuine nature of the relationship to Immigration, Refugees and Citizenship Canada (IRCC). Essentially, it’s a formal confirmation of a shared life, vital for spousal and family sponsorship applications.

The Purpose of the IMM 5409 Form

The IMM 5409 form, officially titled “Statutory Declaration of Common-Law Union,” serves as a formal, sworn statement confirming a couple’s common-law status to Immigration, Refugees and Citizenship Canada (IRCC). Its primary purpose is to provide concrete evidence of a genuine and ongoing relationship when legal marriage hasn’t occurred.

This form is particularly crucial for individuals applying for spousal sponsorship, family sponsorship, or permanent residency. It’s also relevant for Post-Graduation Work Permit (PGWP) holders seeking to sponsor their partners. The IMM 5409 isn’t a substitute for a marriage certificate; it is the required documentation when a couple hasn’t legally married but meets the criteria for common-law status under Canadian law.

Why is this Declaration Required for Immigration?

IRCC requires the Statutory Declaration of Common-Law Union (IMM 5409) to verify the authenticity of a couple’s relationship when they haven’t formally married. Immigration programs, like spousal and family sponsorship, necessitate proof of a genuine, committed, and exclusive partnership.

The declaration assures IRCC that the relationship isn’t one of convenience, entered solely for immigration benefits. It establishes that the couple has built a life together, demonstrating interdependence and a shared future. Without this declaration, applications may face delays or rejection due to insufficient evidence of a bona fide relationship, highlighting its critical role in the immigration process.

Eligibility Criteria for Common-Law Status

To qualify, couples must demonstrate cohabitation for at least one year, alongside a committed and exclusive relationship, as defined by Canadian immigration standards.

Minimum Co-habitation Period

A foundational requirement for establishing common-law status in Canada is demonstrating a minimum period of cohabitation. Immigration, Refugees and Citizenship Canada (IRCC) generally requires proof of living together for at least one continuous year. This isn’t simply sharing an address; it signifies a sustained domestic partnership.

However, IRCC acknowledges that circumstances can vary. Exceptions may be considered, particularly if the couple demonstrates a genuine relationship despite a slightly shorter cohabitation period, supported by substantial evidence of interdependence. Documentation proving continuous cohabitation, such as leases, utility bills, and joint bank accounts, is crucial. Meeting this timeframe is a primary step towards a successful application.

Defining a Committed and Exclusive Relationship

Beyond cohabitation, IRCC requires evidence of a genuinely committed and exclusive relationship. This means demonstrating a mutual intention to share a life together, similar to that of a married couple. Exclusive implies a relationship free from other significant romantic involvements.

Evidence can include affidavits from friends and family attesting to the relationship’s authenticity, shared financial responsibilities, and evidence of mutual support. IRCC assesses the depth of the commitment, looking for signs of a long-term, stable partnership. Simply living together isn’t enough; the relationship must be demonstrably genuine and exclusive to qualify as a common-law union.

Proof of Interdependence

Demonstrating interdependence is crucial for establishing a common-law union. This goes beyond simply sharing a residence; it requires proving a mutual reliance on each other for emotional, financial, and social support. Evidence includes joint bank accounts, shared leases or mortgages, and combined ownership of assets like vehicles.

IRCC looks for evidence of integrated lives – shared responsibilities, mutual financial support, and a demonstrated commitment to a shared future. Supporting documents might include utility bills in both names, insurance policies listing each other as beneficiaries, and evidence of travel arrangements made together, showcasing a life built around each other.

Required Documents for the Statutory Declaration

Gathering supporting documentation is vital; this includes proof of cohabitation, financial interdependence, and evidence demonstrating a shared life together as a couple.

Proof of Cohabitation (Address Verification)

Establishing a shared residence is fundamental to proving a common-law relationship. Applicants must provide multiple documents demonstrating they’ve lived together at the same address for the required period. Acceptable evidence includes joint lease agreements, mortgage statements, utility bills (electricity, gas, water) in both names, and home insurance policies listing both partners.

Official mail addressed to both individuals at the same address – such as bank statements, government correspondence, or credit card bills – are also valuable. If documents aren’t in both names, a signed letter explaining the reason, alongside other supporting evidence, may be necessary. Consistency in addresses across all submitted documents is crucial for a successful application.

Financial Interdependence Evidence

Demonstrating shared financial responsibilities strengthens the proof of a genuine common-law relationship. IRCC requires evidence of financial entanglement between partners. Acceptable documentation includes joint bank accounts, credit cards held jointly, and evidence of shared loans or mortgages. Statements showing regular financial transfers between partners are also beneficial.

Proof of shared expenses, like grocery bills or insurance premiums paid from a joint account, is helpful. If finances aren’t fully merged, explain the arrangement and provide evidence of financial support – one partner covering the other’s expenses, for example. Clear documentation is key to showcasing financial interdependence.

Evidence of a Shared Life Together

Beyond finances and cohabitation, IRCC seeks proof of a genuinely shared life. This includes evidence of social integration as a couple. Submit photos of you together with family and friends, demonstrating a shared social circle. Provide evidence of joint travel, such as plane tickets and hotel reservations.

Include documentation showing shared memberships (gym, clubs) or participation in activities together. Letters from friends or family attesting to the genuine nature of your relationship can be valuable. Demonstrate a life built together – shared responsibilities, mutual support, and a commitment to a future as a couple. This holistic view strengthens your application.

Completing the Statutory Declaration: A Step-by-Step Guide

Follow these instructions to accurately complete the IMM 5409 form, ensuring all sections – declarant, partner details, and relationship timeline – are thoroughly filled.

Section 1: Declarant Information

Section 1 of the IMM 5409 form requires the declarant – the person making the statement – to provide comprehensive personal details. This includes your full legal name, date of birth, place of birth, current address, and contact information.

Accurately inputting this information is crucial, as any discrepancies can lead to processing delays or rejection of the application. You will also need to specify your relationship to the person you are declaring a common-law relationship with.

Ensure all details match your official identification documents, such as your passport or permanent resident card. Double-check for typos and inconsistencies before proceeding to the next section. This section establishes your credibility as the person providing the declaration.

Section 2: Partner Information

Section 2 of the IMM 5409 form focuses on gathering detailed information about your partner, the individual with whom you are claiming a common-law relationship. You must provide their full legal name, date of birth, place of birth, current address, and contact details.

Similar to the declarant information, accuracy is paramount. All provided details must align precisely with your partner’s official identification documents. This section also asks for their citizenship or immigration status within Canada.

Carefully complete this section, as inconsistencies can raise red flags during the immigration process. Ensure your partner reviews the information for accuracy before you proceed with the statutory declaration.

Section 3: Relationship Details & Timeline

Section 3 of the IMM 5409 form is crucial, demanding a comprehensive account of your relationship’s history. You’ll need to clearly state the date your cohabitation began – this is a pivotal point for establishing common-law status.

Provide a detailed timeline outlining significant milestones in your relationship, demonstrating its progression and commitment. Include details about shared experiences, joint responsibilities, and how your lives have become intertwined.

Be specific and avoid vague statements. This section serves as a narrative supporting your claim, so thoroughness is key. Accurate dates and a clear, consistent story are vital for a successful application.

The Role of the Commissioner of Oaths

Commissioners of Oaths are authorized to witness the signing of the IMM 5409 form, verifying your solemn declaration’s authenticity and legal validity.

Finding a Commissioner of Oaths

Locating a Commissioner of Oaths is a crucial step in finalizing your Statutory Declaration. These individuals are appointed by provincial or territorial governments, or by the federal government, and are authorized to administer oaths and witness the signing of legal documents.

Common places to find Commissioners include law offices, notary publics, some banks (check with your local branch), and certain government offices. Many municipalities also maintain lists of Commissioners on their websites. A quick online search using terms like “Commissioner of Oaths near me” will yield relevant results.

It’s advisable to call ahead to confirm their availability, fees (if any), and acceptable forms of identification. Ensure they are currently commissioned, as commissions expire and need renewal.

The Oath-Taking Process

The oath-taking process is a formal procedure where you swear or affirm the truthfulness of the contents of your Statutory Declaration before a Commissioner of Oaths. The Commissioner will first verify your identity with acceptable identification.

You will be asked to read the declaration carefully, and then either swear to its truthfulness by invoking a deity (e.g., “I swear by God…”) or affirm its truthfulness without religious reference (e.g., “I solemnly affirm…”).

The Commissioner will then administer the oath or affirmation, and you will sign the document in their presence. The Commissioner will also sign and affix their official stamp or seal, validating the declaration. This process legally binds you to the accuracy of the information provided.

Acceptable Identification for Oath-Taking

Presenting valid identification is crucial when taking the oath before a Commissioner of Oaths. Generally, one piece of original, valid government-issued photo identification is required.

Acceptable forms typically include a passport, a driver’s license, or a permanent resident card. Some provinces may also accept other government-issued photo IDs. Ensure the identification is current and hasn’t expired.

If you don’t have photo identification, you may need to provide two pieces of non-photo identification, such as a birth certificate combined with a utility bill or bank statement showing your current address. The Commissioner has the final say on what they will accept, so it’s best to confirm requirements beforehand.

Common Mistakes to Avoid

Avoid errors like inaccurate details, missing documentation, or using an outdated IMM 5409 form, as these can cause significant delays or application refusal.

Inaccurate Information

Providing incorrect details within the Statutory Declaration (IMM 5409) is a critical error. This includes misstated dates of cohabitation, incorrect addresses, or discrepancies in personal information between partners. IRCC meticulously verifies all submitted data, and any inaccuracies can immediately raise red flags.

False statements, even unintentional ones, can lead to a refusal of your immigration application and potentially have serious legal consequences. Double-check all information against supporting documents like leases, utility bills, and bank statements. Ensure consistency throughout the entire application package. Accuracy is paramount; carefully review the completed form before signing and submitting it.

Remember, the declaration is a sworn statement, and deliberately providing false information is a serious offense.

Insufficient Supporting Documentation

Submitting a Statutory Declaration (IMM 5409) without adequate supporting evidence significantly weakens your application. IRCC requires substantial proof of cohabitation and a genuine, committed relationship. Simply stating you live together isn’t enough; you must demonstrate it.

Missing documents like joint bank accounts, leases listing both names, utility bills in both names, and evidence of shared financial responsibilities are common deficiencies. Include photos together, correspondence addressed to both parties, and affidavits from friends or family attesting to your relationship.

A comprehensive package is crucial. The more evidence you provide, the stronger your case will be. Carefully review the IRCC document checklist to ensure you haven’t overlooked anything.

Incorrect Form Version (IMM 5409)

Using an outdated version of the IMM 5409 Statutory Declaration of Common-Law Union form is a frequent, yet easily avoidable, error. Immigration forms are periodically updated by IRCC (Immigration, Refugees and Citizenship Canada) to reflect changes in policy or regulations.

Submitting an old form can lead to processing delays or even rejection of your application. Always verify you have the most current version before completing it. The date of the form is clearly indicated on the document itself.

Download the form directly from the official IRCC website (see section below) to guarantee you’re using the latest iteration. Do not rely on cached versions or third-party sources.

Specific Immigration Programs Requiring this Declaration

This declaration is vital for spousal, family, and permanent residency applications within Canada’s immigration system, proving a genuine common-law relationship.

Spousal Sponsorship Applications

Spousal sponsorship relies heavily on demonstrating a genuine and ongoing relationship. For common-law partners, the IMM 5409 form is crucial evidence, especially when legal marriage hasn’t occurred. It confirms a committed, exclusive relationship mirroring marital status, satisfying Immigration, Refugees and Citizenship Canada (IRCC) requirements.

IRCC assesses the declaration alongside other supporting documents – proof of cohabitation, financial interdependence, and shared life evidence. A properly completed and sworn statutory declaration strengthens the application, minimizing processing delays. It assures the officer that the relationship is bona fide and not entered into solely for immigration purposes. Submitting a complete package significantly increases approval chances.

Remember, accuracy and completeness are paramount in spousal sponsorship cases.

Family Sponsorship Applications

Family sponsorship, beyond spousal relationships, sometimes requires demonstrating a common-law union for eligibility. For instance, sponsoring a partner’s dependent child may necessitate proving the common-law status to establish family ties. The IMM 5409 form serves as key evidence in these scenarios, validating the relationship’s legitimacy to IRCC.

IRCC scrutinizes these applications to ensure genuine family relationships. The statutory declaration, coupled with supporting documentation, proves the couple has established a committed, exclusive, and interdependent life together, fulfilling sponsorship criteria. It’s vital to present a comprehensive picture of the relationship’s history and ongoing nature.

Carefully review IRCC guidelines for specific family sponsorship categories to understand the documentation requirements.

Permanent Residency Applications

Applying for permanent residency through programs linked to a Canadian citizen or permanent resident often necessitates proving a genuine relationship. If married sponsorship isn’t applicable, a Statutory Declaration of Common-Law Union (IMM 5409) becomes crucial evidence. This is particularly relevant for programs like Provincial Nominee Programs (PNPs) where relationship status is a key factor.

IRCC requires substantial proof of a committed, exclusive, and interdependent relationship lasting at least one year. The IMM 5409, alongside supporting documents, demonstrates this to satisfy eligibility criteria. A well-prepared declaration significantly strengthens the application.

Ensure all information aligns with other submitted documentation for a consistent and credible application.

Where to Find the IMM 5409 Form

The IMM 5409 form is readily available on the official IRCC website, offering downloadable resources to ensure you always have the latest version.

Official IRCC Website

The Immigration, Refugees and Citizenship Canada (IRCC) website is the primary and most reliable source for obtaining the official IMM 5409 form. Navigating to the IRCC website ensures you are accessing the current, approved version of the Statutory Declaration of Common-Law Union, crucial for avoiding processing delays or rejections.

You can typically find the form within the application guides for spousal sponsorship or common-law partner sponsorship. The IRCC website also provides detailed instructions on how to complete the form accurately; Always prioritize downloading the form directly from IRCC to guarantee its authenticity and validity. Beware of third-party websites offering the form, as they may not be up-to-date.

Direct link access is often provided within relevant application packages, streamlining the process for applicants.

Downloadable Resources

While the IRCC website is the definitive source, several reputable immigration websites and legal resource platforms offer downloadable copies of the IMM 5409 form. However, exercise caution when utilizing these resources. Always verify that the downloaded form matches the latest version available on the official IRCC site, as forms are periodically updated.

Many Canadian immigration lawyer websites provide direct download links as a service to potential clients. These are generally reliable, but double-checking the form’s issue date is still recommended. Ensure the file is a legitimate PDF to avoid potential malware.

Remember: downloading from unofficial sources carries a slight risk of obtaining an outdated or incorrect form.

Ensuring You Have the Latest Version

IRCC frequently updates the IMM 5409 form to reflect changes in immigration policies and regulations. Using an outdated version can lead to processing delays or even rejection of your application. Always check the official IRCC website immediately before completing the form to confirm you have the most current version.

Look for the “Date Modified” or “Issue Date” on the form itself. Compare this date to the date listed on the IRCC website. If they don’t match, download the latest version. Pay close attention to any revisions noted by IRCC, as these may include changes to instructions or required information.

Prioritize accuracy; a current form is a crucial step towards a successful immigration application.