What Is a Statutory Declaration of Common-Law Union in Canada?

A Statutory Declaration of Common-Law Union is an official document used in Canadian immigration applications to confirm that two individuals are living together in a common-law relationship. This declaration is commonly required by Immigration, Refugees and Citizenship Canada as part of an application for spousal sponsorship, permanent residence, or temporary residence in Canada.

The purpose of the Statutory Declaration of Common-Law Union is to formally confirm that the applicants meet the definition of common-law partners under Canadian immigration law. Generally, a common-law relationship means that two people have lived together in a conjugal relationship for at least 12 consecutive months.

This declaration helps immigration authorities assess whether the relationship is genuine and whether the applicant is eligible for immigration benefits through their partner.

When Is a Statutory Declaration of Common-Law Union Required?

A Statutory Declaration of Common-Law Union may be requested when individuals are applying for:

• Common-law partner sponsorship

• Permanent residence in Canada

• Temporary residence applications

• Immigration applications that require proof of relationship

The document is often submitted as part of an immigration package to verify that the applicant and their partner are in a legitimate common-law partnership.

Both the applicant and their common-law partner must complete and solemnly declare the contents of the form. This means they are affirming that the information contained in the declaration is accurate and truthful.

What Information Is Included in the Statutory Declaration?

The Statutory Declaration of Common-Law Union typically includes:

• The full legal names of both partners

• Confirmation that the partners have lived together in a conjugal relationship

• The date the common-law relationship began

• Details confirming that the relationship meets immigration requirements

• Signatures from both partners

Because the declaration is a legal document, providing false or misleading information may have serious consequences under Canadian immigration law.

How Is a Statutory Declaration of Common-Law Union Commissioned?

Before the document can be submitted with an immigration application, it must be commissioned by an authorized official such as a notary public or commissioner of oaths.

The commissioning process generally involves the following steps:

1. Identity Verification

A notary public or commissioner of oaths will first verify the identity of both individuals making the declaration. This is usually done by examining valid government-issued photo identification, such as a passport or driver’s licence.

2. Confirming Understanding of the Document

The notary or commissioner will ensure that both individuals:

• Have read the Statutory Declaration of Common-Law Union

• Understand the contents of the document

• Understand the legal significance of making a statutory declaration

3. Making the Solemn Declaration

Both partners must then solemnly declare that the statements contained in the document are true and that they believe them to be accurate. They also acknowledge that the declaration has the same force and effect as if it were made under oath.

4. Signing the Declaration

The applicant and their common-law partner must sign the document in the presence of the notary public or commissioner of oaths. The official will then sign and stamp the document, confirming that the declaration was properly administered.

What Does a Notary Public or Commissioner of Oaths Certify?

It is important to understand that a notary public or commissioner of oaths does not verify the truth of the statements contained in the declaration.

Instead, the notary or commissioner simply certifies that:

• The individuals were properly identified

• The declaration was made voluntarily

• The document was signed in their presence

• The statutory declaration was duly commissioned

The role of the notary or commissioner is limited to administering the declaration. No legal advice is provided during the commissioning process.

Preparing for Your Statutory Declaration Appointment

If you are attending a notary public or commissioner of oaths to commission a Statutory Declaration of Common-Law Union, you should prepare the following:

• The completed Statutory Declaration of Common-Law Union form

• Valid photo identification for both partners

• Ensure the document is not signed in advance

The declaration must be signed in the presence of the notary public or commissioner of oaths, so the document should be fully completed but left unsigned until the appointment.

Both partners should also ensure they read and understand the contents of the declaration before attending the appointment.

Getting a Statutory Declaration of Common-Law Union Commissioned

A Statutory Declaration of Common-Law Union must be commissioned before it can be submitted to Immigration, Refugees and Citizenship Canada as part of an immigration application.

Many individuals choose to visit a notary public or commissioner of oaths to have their declaration commissioned quickly and properly completed. Ensuring the document is commissioned correctly helps prevent delays in immigration processing. At Affordable Markham Notary Public, we offer commissioning services for only $25 and appointments can be completed same day.

The Form (IMM5409) can be found here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/imm5409.html