Statutory Declaration of Common-Law Union for Immigration (IMM 5409)

A Statutory Declaration of Common-Law Union is a legal document that provides evidence of a common-law relationship between two people.

In it, a couple declares that they’ve been living together in a committed relationship, similar to a marriage, without a marriage certificate. This document establishes the nature and duration of a relationship for Canadian immigration purposes.

A common-law relationship starts from the day you and your partner can provide evidence of cohabitation in a conjugal relationship. Here’s how IRCC defines cohabitation and a conjugal relationship:

• Cohabitation: Living together and having combined your affairs and established your household in one dwelling

• Conjugal Relationship: The nature of the relationship is as follows:
  • Shared shelter (sleeping arrangements, etc.)
  • Sexual and personal behaviour (e.g. fidelity, commitment, mutual feelings)
  • Services (sharing household chores)
  • Social activities (e.g. presenting as a couple in the community and with family)
  • Economic support (e.g. financial arrangements, property ownership)
  • Children (attitude and conduct concerning children)
  • Societal perception of the two as a couple

When taken together, the above facts indicate a significant commitment and mutual interdependence in a relationship of some permanence.

In addition, to be considered common-law for immigration purposes in Canada, your common-law partner:

• Is living with you in a conjugal relationship, but you are not married
• Is 18 or older
• Can be either sex
• Has been living in a conjugal relationship with you for at least 12 continuous months, without any long periods apart.
• If either of you left your shared home, the time spent away from one another must have been:
  • For family obligations, work, or business travel
  • For a short or temporary period

You must show proof of your common-law relationship, which can include:

• Joint financial accounts, including bank, trust, credit union, and charge card accounts;
• Signed a residential lease, mortgage, or purchase agreement relating to your shared residence;
• Property you own together, other than your shared residence;
• Listed one partner as a beneficiary in the other partner’s life insurance policy;
• Bills for shared utility accounts, including gas, electricity, telephone, etc.;
• Important documents for both of you showing the same address, like driver’s licenses, insurance policies, and other identification documents

The above definition of common-law status applies only to federal immigration law. Criteria for common-law relationships differ for CRA tax purposes and under provincial legislation.

If you are looking to prove common-law status for purposes other than immigration, you may require a general Statutory Declaration of Common-Law Union. Unlike the IRCC form (IMM 5409), this general declaration can be used for benefits enrollment, insurance, estate planning, and other non-immigration purposes.

You might need IMM 5409 for family sponsorship applications or as optional supporting evidence for immigration applications requiring proof of common-law status. See more information on each scenario below.

IRCC Family Sponsorship Applications

You’ll need to complete Form IMM 5409 when IRCC needs to confirm a common-law relationship in the context of a family sponsorship application. IRCC only requires this form when you are submitting an application to sponsor a family member. You may need to use it if:

• You (the sponsor) have a common-law partner who is a co-signer on the sponsorship application.
  • In this case, both you and your common-law partner complete IMM 5409.

• The sponsored person (principal applicant) has a common-law partner.
  • Here, both the principal applicant and their common-law partner complete the form.

Optional Supporting Evidence for Other Immigration Applications

In some cases, you may also use Form IMM 5409 as optional supporting evidence for other immigration applications.

These can include establishing common-law status in other immigration contexts (e.g., open work permits for a student''s common-law partner and visitor extensions). However, this form is not required by default and isn''t listed as a standard government form in those application streams.

To complete Form IMM 5409, you need to provide the details below and meet with an authorized official to have it commissioned. Please note that this form must be completed and signed with a handwritten signature.

Basic Information

• Your country, province/state/territory of current residence
• The declarant’s name (as shown on passport/travel document)
• The declarant’s spouse’s name (as shown on passport/travel document)
• Name of city, town, village, and name of county (if applicable)
• Name of province/state/territory
• Name of the country
• Number of continuous years in a conjugal relationship
• Date of the relationship (from when it started to present)

Proof of Common-Law Status

• Whether you have jointly signed a residential lease, mortgage, or purchase agreement relating to the home where you both live.
• Whether you jointly own property other than your residence.
• Whether you have a joint bank, trust, credit union, or charge card accounts.
• Whether you have declared your common-law union under the Canadian Income Tax Act (T-1 General Individual Income Tax Return).
• Whether you have life insurance on yourself which names your common-law partner as a beneficiary.
• Whether your common-law partner has life insurance on themselves which names you as a beneficiary.
• If you answered “no” to questions 1 to 3, indicate other documentary evidence that would demonstrate your relationship as common-law partners.

Declaration Portion

• Name of the person signing the declaration (the declarant), as shown on passport/travel document
• Name of the declarant’s partner (as shown on passport/travel document)
• Name of the city, town, village, and county
• Name of the province/state/territory and country
• Date (day, month, year)
• The declarant’s signature
• The declarant’s partner’s signature
• The authorized official’s name (person who administered the declaration)
• The authorized official’s title
• The authorized official’s signature

Tip: Do not sign the declaration portion until you’re in the presence of an authorized official such as a notary public. They must witness your signature as part of the commissioning process.

Yes, a Statutory Declaration of Common-Law Union must be commissioned by an authorized official. This person must be either a notary public, a commissioner for taking affidavits, or a commissioner of oaths. You can meet with a notary online to get the job done in under 7 minutes.

Commissioning certifies the Declaration’s authenticity, making it ready to submit to IRCC. This is a necessary step, and without it, the Declaration isn’t valid.

How Commissioning Your Affidavit Works

You and your spouse must both sign the Statutory Declaration in front of the same official. You can do this online with an online notary appointment. You can be in different locations at the time of signing, as long as you’re both using a connected device with a camera.

During your online notary appointment, the following will take place:

• You’ll both present a piece of valid, government-issued ID to verify your identity.
• You’ll both solemnly declare that the contents of your Declaration are true.
• You’ll both confirm that you understand the document and are signing voluntarily.
• You’ll both sign and date the Declaration while a notary witnesses in real time.
• A notary signs and applies their official stamp or seal.

To learn more about the commissioning process, check out our guide.

Note: Knowingly providing false information in a Statutory Declaration may be considered perjury under Canada’s Criminal Code.