Brosgall Legal | Notary Services helps many people complete their IMM 5409 Statutory Declaration of Common-Law Union. This article will explain the procedure. If you have any questions, or want to book an appointment to see a Commissioner of Oaths, please send us an email or call us at 604-685-ADAM .
Citizenship and Immigration Canada (CIC) allows Canadian citizens and permanent residents to sponsor certain family members to come to Canada as permanent residents. Members of the Family Class include:
- a sponsor's spouse
- common-law partner
- conjugal partner
- a dependent child of the sponsor
- the sponsor's mother or father
- the sponsor's grandparents
- a person the sponsor intends to adopt
- other approved relatives of the sponsor as defined by regulation
If you are Canadian citizen or permanent resident, you may sponsor an individual listed above to come to Canada as a permanent resident under CIC's Family Class immigration program. Sometimes, the spouse or common-law partner of a sponsor will co-sign an undertaking to help meet income requirements by pooling their resources with the sponsor. If a sponsor's common-law partner is co-signing a sponsorship application, a Statutory Declaration of Common-Law Union IMM 5409 must be sworn before a Commissioner of Oaths.
Vancouver Commissioner of Oaths
Adam Brosgall, owner and principal of Brosgall Legal, is a fully qualified and licenced Commissioner of Oaths. He regularly assists his clients complete their Statutory Declaration of Common-Law Union IMM 5409, as well as other statutory declarations, affidavits, and certified copies.
When is a Statutory Declaration of Common-Law Union IMM 5409 used?
If a CIC sponsorship application co-signer is a common-law partner of the sponsor, a Statutory Declaration of Common-law Union IMM 5409 must be completed. A common-law partner is defined as: A person who is living in an unmarried relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people. As part of their application, common-law partners must include any documents that show they are in a committed and genuine relationship. Some examples include evidence that they have:
- a joint lease, mortgage, or purchase agreement.
- ownership in a joint property apart from their residence.
- a joint bank account.
- life insurance policies appointing each other as beneficiaries.
- declared their common-law union on their T1 (General - Individual Income Tax Return) under the Canadian Income Tax Act.
- any other documentary evidence that demonstrates they support each other financially and emotionally, or that they present themselves in public as an exclusive couple.
For more details, see CIC's Guide 3900: 'Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada'. Another useful resource is CIC's IP2 'Processing Applications to Sponsor Members of the Family Class'.
What is a Statutory Declaration?
A Statutory Declaration is formal document that contains statements of fact. The 'Deponent' (you) signs a Statutory Declaration after swearing or affirming that the facts set out in the document are true - just as if you were in court. You will give your oath (solemnly declare) that you believe the statements contained in your Statutory Declaration to be true, knowing that it is of the same force and effect as if made under oath. In fact, the wording at the bottom of the Statutory Declaration of Common-Law Union IMM 5409 states: 'We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath'.
Requirements for the Statutory Declaration of Common-Law Union IMM 5409
There are certain requirements for this Statutory Declaration. As a Commissioner of Oaths, Mr. Brosgall will ensure that you have read and fully understood the document. Then he will have you swear that the statements in the document are true. Essentially, an oath is your solemn promise that what you are saying is true.
The procedural requirements for statutory declarations are as follows:
- The Deponent (you) must be physically present with the Commissioner of Oaths when signing.
- The Deponent must indicate that they have read and understood the statements contained in the document.
- The Deponent must orally state that they make the declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.
- The Commissioner of Oaths must be satisfied regarding the identity of the Deponent. This means you must bring proper government issued picture ID (such as a driver's licence, passport, etc.) when you visit our office.
When all these requirements are satisfied, both the Deponent, and the Commissioner of Oaths will sign the Statutory Declaration of Common-Law Union IMM 5409. Finally, Mr. Brosgall will apply his stamp and seal to your document.
Vancouver Commissioner of Oaths, Notary Public, and Lawyer
As a Commissioner of Oaths, Notary Public and Lawyer, Mr. Brosgall is fully qualified, licenced and insured to swear the Statutory Declaration of Common-Law Union IMM 5409 form. If you have any questions, or want to book an appointment, please send us an email or call us at 604-685-ADAM . You may also visit our VancouverNotary.biz home page for further information. Same day service and walk-ins are always welcome.