If you’re travelling to Canada with a common-law partner, you may need to prove your relationship with a statutory declaration. This will ensure that you’re allowed to enter the country. A statutory declaration requires you to swear under oath that its contents are true. You must do this in front of a qualified public official, such as a Notary or Commissioner of Oaths.
IMM 5409 – Statutory Declaration of Common-Law Union
If you are in a common-law union with your partner, Immigration, Refugees and Citizenship Canada (IRCC) may ask you to file a statutory declaration of common law union IMM 5409. This document is similar to an affidavit but has more legal weight than the latter since it requires both parties to declare the truthfulness of its contents. It also needs to be witnessed by a qualified public official, such as a notary services provider, a Commissioner of Oaths, or someone with equivalent authority in your country.
This type of statement is used to prove that you are in a common-law relationship with your partner and meet all the requirements for sponsorship or permanent residence. It’s usually required when you’re applying to sponsor your partner or change your visa status to allow them to stay with you.
It’s essential that you complete the form correctly to avoid delays in processing your application. You should make sure that the information you provide is accurate, especially your name and date of birth. Use black ink and write your name in full, exactly as it appears on your passport if possible. You should also sign and date the document in front of a notary or commissioner of oaths. It’s important that the oath is taken in person so that the commissioner can ensure that you are who you say you are.
Common-Law Relationship Requirements
If you want to claim that you are in a common-law relationship with your partner, it is necessary to have proof of your common-law status. This proof could be anything from shared bills to a lease showing both partners live together. This is because Canada Immigration demands that applicants provide evidence of their common-law status before they can submit their application.
Typically, you will have to meet with a qualified public official, such as a notary or commissioner of oaths, to make a statutory declaration. During this meeting, you will be asked to swear that everything in the statement is true. Making an untrue statement in a statutory declaration is a crime, so you must be sure to only say truthful things.
Once you have sworn the statement, it must be countersigned by the notary or commissioner of oaths. You should also have a notary or commissioner of oaths certify that the document is a true copy of the original, and that the signature is authentic.
Once this is done, you are ready to use the document in your application. Just be sure to include it with all the other required documents for your application. And remember to use your full legal names in the documents, not nicknames or variations. This will prevent confusion in the future if you are not granted the desired visa.
How to Make a Statutory Declaration?
A statutory declaration is a form of written statement that you must sign before someone who can witness that it is true. It is the same as an affidavit but has greater legal weight because it must be sworn or affirmed (a legal term meaning that you say under oath that what you are declaring is true) before a person authorized to take oaths and administer declarations. This includes Notary services, Commissioners of Oaths, and Justices of the Peace.
When you make a statutory declaration, it is important to include only facts that you know to be true. Making false statements in a statutory declaration is a criminal offense, and the penalty varies by jurisdiction but can range from fines to prison. If you need to include documents with your statutory declaration, ensure that they are attached properly and that the authorized witness signs a certificate identifying them as an exhibit to your statutory declaration.
If you need to have your Commonwealth statutory declaration witnessed, you can do so by booking an appointment with an authorized witness. You will need to bring photo ID and proof of address with you, and the authorised witness will verify your identity by checking your documentation. Alternatively, you can have your Commonwealth statutory declaration witnessed remotely through a video link program such as Skype or Microsoft Teams.
Common-Law Relationship Documents
A common-law relationship is different from a marriage in several ways. However, there are some similarities. Like marriages, the legal status of common-law relationships varies across Canada and is determined by state law. It’s important to understand the specific laws in your area.
A statutory declaration is a written statement that affirms something to be true, in the best knowledge of the person making it. It must be made in the presence of an authorized person, such as a Notary Public. The document can be used for many different purposes, such as applying for a visa or applying for a job. Knowing how to properly prepare a statutory declaration before you sign it is important.
Authenticity is crucial when it comes to your Canadian sponsorship application. By showing that your common-law relationship is genuine, you can build trust with immigration officials and increase your chances of getting approved. It’s also essential to make sure that you have all the right documents and complete your forms correctly.