What is a Statutory Declaration of Common-Law Union?

Key Takeaways

• The Statutory Declaration of Common-Law Union (IMM 5409 form) may be requested by Citizenship and Immigration Canada when an applicant includes a common-law partner in their application.
• It is used to determine eligibility for sponsorship and certain rights and benefits afforded to legally recognized couples.
• IMM 5409 form must be solemnly declared in front of a commissioner of oaths, commissioner of taking affidavits, or a notary public.
• Both individuals named in the form must confirm they understand and believe its contents before signing.
• In-person and online notary solutions for IMM 5409 form are available courtesy of NotaryPro.

As part of the requirements, a solemn declaration must be made by the declarant and the declarant’s partner before one of the following:

• Commissioner of Oaths; 
• Commissioner of Taking Affidavits; or
• Notary Public.

The commissioner or notary will verify the identity of the applicant and his or her common-law partner. When satisfied that both the applicant and his or her common-law partner have read and understood the Statutory Declaration of Common-Law Union, the applicant and his or her common-law partner will then solemnly declare that they conscientiously believe that the contents of the form to be true and that they know that it is same force and effect as if made under oath by:

• Signing the document in front of the commissioner or notary.
• The commissioner or notary will then sign the Statutory Declaration of Common Law Union to certify the document that a solemn declaration was administered.

It is important to note that the commissioner or notary does not certify that the statements in the Statutory Declaration of Common-Law Union form are true. They only certify that the solemn declaration was administered.

How can Notary Pro help? 

You can book an in-person appointment or a remote online appointment with Notary Pro. Simply select the location, date and time. The Statutory Declaration of Common-Law Union form should be complete but not signed until the appointment. It should be read and understood by the applicant and his or her common-law partner.