All About the IMM 5409E Statutory Declaration of Common Law Status
If you are sponsoring your common law partner to become a permanent resident in Canada, or including your partner on your student visa or work visa, you may need to complete an IMM 5409 E statutory declaration of common law status.
This blog post provides a helpful overview of the IMM 5409E statutory declaration of common law status, and how Notarize.ca can help you with completing your IMM5409 form.
What is the IMM5409E Statutory Declaration of Common Law Status?
A statutory declaration is a legal document that allows a person to declare that something is true in order to satisfy a legal requirement.
The IMM 5409E is a Immigration, Refugees and Citizenship Canada (IRCC) form that is used for immigration purposes.
The IMM 5409 allows common law partners to declare the validity of their common law union. The signers submit the completed IMM540 submitted to the IRCC as evidence of their relationship.
What is a common law relationship?
Immigration, Refugees and Citizenship Canada defines a common-law partnership as a couple that have cohabited for at least one year in a conjugal relationship. A common law relationship starts from the day on which the two partners can provide evidence of their cohabitation in a conjugal relationship.
“Cohabitation” means living together. Partners who cohabitate have combined their personal and financial affairs and set up their household together in one home.
“Conjugal relationship” means a relationship of some permanence in which the partners:
are interdependent (finacially, socially, emotionally and physically);
share household and related responsibilities; and
are seriously committed to one another.
This relationship may be sexual, but a relationship does not have to be sexual to qualify as conjugal.
For more information on how the IRCC reviews common law relationships, visit the IRCC web page Assessing a common law relationship.
Who needs to sign the Statutory Declaration of Common Law Status?
The statutory declaration needs to be signed by both common law partners in the presence of a commissioner for affidavits or a notary public.
Where can I find the IMM 5409E form?
You can download the IMM 5409E form from the IRCC website. You will need to have Adobe Acrobat installed on your computer to open this form. You can download Adobe Reader for free from the Adobe website.
Can the IMM5409E form be notarized online?
Yes! The IMM5409 form can be notarized online.
Notarize.ca makes it easy to notarize your Statutory Declaration of Common Law Status online in minutes. This is how it works:
Create your secure Notarize.ca account and book your appointment
Meet with your notary professional by video conference
Electronically sign your IMM 5409E form and download the notarized document
Easy!
If you and your partner are not in the same location, that’s okay! With Notarize.ca, you can schedule a virtual notary appointment for multiple signers, even if they’re not in the same city, province or even country. All you need to do is add the second signer to the appointment when you complete your booking.
Can’t find an appointment time that works for both you and your partner? No problem - you and your partner can set up separate notary appointments at times that work for each of you.
Ready to get started? Schedule your online notary appointment today!
Questions?
Have more questions about online notarization for the IMM 5646E form? We’re here to help. Contact us at hello@notarize.ca or call us at (888) 632-9971.
If you have questions about how to complete the IMM 5409 E form or any other aspect of your immigration application, contact Immigration, Refugees and Citizenship Canada for assistance. You may also want to contact an immigration lawyer or immigration consultant for more information.