What is a Statutory Declaration of Common Law Union and Do I Need to Get It Notarized?

Citizenship and Immigration Canada may require an applicant who wishes to claim their common law partner as part of their application to complete the Statutory Declaration of Common Law Union (IMM 5409) form. It is used to determine the applicants’ eligibility in connection with the application.

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.

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