Statutory declaration of common-law union

[bobcaygeonjon]

Hello.
I am sponsoring my better half and she is applying for her PR.
We are not married but in common law relationship.

I want somebody to confirm that as I do not have a co-signer I do not need to send declaration of common law union form IMM 5409.

But also I believe that my girlfriend may need it when she obtains PR and lands in Canada. Is this true.

Thanks

 

[PMM]

Hi

Hello.
I am sponsoring my better half and she is applying for her PR.
We are not married but in common law relationship.

I want somebody to confirm that as I do not have a co-signer I do not need to send declaration of common law union form IMM 5409.

But also I believe that my girlfriend may need it when she obtains PR and lands in Canada. Is this true.

Thanks

You need it. http://www.cic.gc.ca/english/information/applications/fc.asp#sponsor

PMM

 

[bobcaygeonjon]

so why do I need it if I do not have a co-signer?

 

[PMM]

Hi

so why do I need it if I do not have a co-signer?

So don't send it (you will have your application returned as incomplete) but that is your decision.

PMM

 

[DutchMan]

Hi Bob,

I do not have a co-signer and made the same conclusion as you. I did not include a statutory declaration.
I did however include a signed letter from my parents and my common-law's partners brother, saying that we have been a couple since 2003.
Also an official document from my townhall, saying that we have been living together since 2004 in the Netherlands.

It was accepted. I received some questions back from the processing embassy, but no questions about a missing statutory common law declaration.

Best regards,
DutchMan

Application for sponsorship sent to Mississauga jan 08
Accepted as sponsor feb 08
Processing sponsored person since april 08 in Germany
fingerprints requested may 08. processed in Ottawa july 08

 

[Lanisha]

Hi I am a new PR in Canada and I dont have work yet, but I want to know if I can sponsor why husband now, since I need him badly here coz im pregnant, and I need someone to look after me after I gave birth.Do you think I will be eligible to sponsor him even if Im jobless.?

 

[kelKel]

It's actually in the checklist only if your common law partner is your cosigner so technically you don't need to include it. We didn't include but then they requested it and it added almost 2 months to the process so it's better to include it from the start.

 

[AlieW]

I also read it the same as Kelkel (that you only included it if your co-signer was your common-law partner) and we did NOT include it as there were no co-signers.

We have had a letter from the embassy requesting another copy of our police check as this first one never arrived but no mention of this form being missing. I don't know if they do all the 'missing' or additional info required in one letter or maybe we will receive another one later asking for this form.

We sent in 3 statutory declaration (1 from my parents, on from the applicant's brother and one from a mutual friend all stating we are in a common-law relationship).

That being said, it's not a complex from to fill out (other then getting it notarized, and even that's not too hard) so perhaps you should include it with the 'better safe then sorry' thought in mind.

 

[kelKel]

Hi Bob,

I do not have a co-signer and made the same conclusion as you. I did not include a statutory declaration.
I did however include a signed letter from my parents and my common-law's partners brother, saying that we have been a couple since 2003.
Also an official document from my townhall, saying that we have been living together since 2004 in the Netherlands.

It was accepted. I received some questions back from the processing embassy, but no questions about a missing statutory common law declaration.

Best regards,
DutchMan

Application for sponsorship sent to Mississauga jan 08
Accepted as sponsor feb 08
Processing sponsored person since april 08 in Germany
fingerprints requested may 08. processed in Ottawa july 08

Not all visa offices request it afterwards. We went through Buffalo and it seems that have been requesting it after the fact so I think you're in the clear.

 

[suze_h]

Hi bobcaygeonjon,

I called CIC specifically to ask if we needed to included this form and they said we definitely did not need to include it.

So I didn't include it and it was never requested - everything went through smoothly with no requests for additional documents.

I applied via the London visa office so as kelkel says, perhaps it is visa office dependent.

Suze

 

[jckovacs]

Hi I am a new PR in Canada and I dont have work yet, but I want to know if I can sponsor why husband now, since I need him badly here coz im pregnant, and I need someone to look after me after I gave birth.Do you think I will be eligible to sponsor him even if Im jobless.?

When I spoke to CIC they said you didn't have to have an income to support your better half. Or sorry, there were 'no' income requirements. BUT that may have just been in our case since it's Conjugal. I hope someone else can clear this up.

As for the other topic at hand. We didn't need the declaration of common-law because we're conjugal. But other than that, you need it.

 

[Baloo]

Family class is normally exempt from financial requirements, but you can be refused if there is no way for either of you to support each other.