Fill Out Form IMM 5409 Online in 2025

Declare your common-law partnership with confidence in 2025.
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What is Form IMM 5409?

Form IMM 5409, the Statutory Declaration of Common-Law Union, is crucial for proving that you and your partner are in a common-law relationship. This document helps Immigration, Refugees and Citizenship Canada (IRCC) recognize your relationship for immigration purposes. To complete it, you must accurately fill out the form and have it notarized, demonstrating that you’ve lived together for over 12 months and share personal responsibilities. This can support your application for immigration benefits or temporary residence visas.

What is Form IMM 5409 used for?

Form IMM 5409 is essential for those in a common-law relationship in Canada. Here's what it's used for:

  • Proves the legitimacy of a common-law relationship for legal and immigration purposes.
  • Provides detailed information about the relationship.
  • Confirms the length of cohabitation and shared responsibilities.
  • Supports immigration applications by proving a genuine common-law partnership.

How to fill out Form IMM 5409?

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  1. 1

    Confirm you meet the common-law criteria.

  2. 2

    Input your full legal names as they appear on your passport.

  3. 3

    Specify the number of continuous years you cohabited, including start and end dates.

  4. 4

    Answer yes or no in Boxes 1 and 2, ensuring no blanks.

  5. 5

    Collect supporting documents like joint lease agreements and shared utility bills.

  6. 6

    Review each section thoroughly before downloading.

Who is required to fill out Form IMM 5409?

Form IMM 5409 must be completed by individuals in a common-law partnership applying for immigration to Canada. Both the sponsor and the common-law partner are responsible for signing the form in the presence of a qualified official.

This form is submitted by individuals to verify their common-law relationship to immigration authorities, supporting their applications for immigration to Canada.

When is Form IMM 5409 not required?

Form IMM 5409 is not required if your common-law spouse sponsors you for immigration without co-signing the application. Additionally, you do not need this form for international fee exemptions if you submit a notarized affidavit of common-law status instead.

When is Form IMM 5409 due?

The deadline for Form IMM 5409 is when you are applying for immigration benefits that require proof of your common-law relationship. This form does not expire and can be used indefinitely as supporting documentation. Ensure it is completed accurately and notarized by a public official to remain valid.

How to get a blank Form IMM 5409?

To get a blank Form IMM 5409, simply visit our website. Immigration, Refugees and Citizenship Canada (IRCC) issues this form, and we have it pre-loaded in our editor for you to fill out. Remember, our platform helps with filling and downloading forms, but not filing them.

How to sign Form IMM 5409?

To sign the IMM 5409 form, known as the Statutory Declaration of Common-Law Union, you must provide a handwritten signature in the presence of a notary public or commissioner for affidavits, as electronic or digital signatures are not accepted. After filling out the form using PDF Guru, remember to download it for your records. Always check for the latest updates on signing requirements to ensure compliance.

Where to file Form IMM 5409?

Form IMM 5409, Statutory Declaration of Common-Law Union, needs to be signed by a qualified public official. After signing, submit both copies with your immigration application.

You cannot file this form online. Instead, mail the completed forms to the address listed in your application instructions from Immigration, Refugees and Citizenship Canada (IRCC). Always check for the latest submission guidelines.

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Frequently asked questions

  • How long do I need to live with my partner to be considered common law in Canada?

    For federal tax purposes and immigration, you need to have been living together for 12 continuous months or share a child by birth or adoption. However, the definition of common law can vary by province in other contexts.

  • Do I need to register my common-law relationship anywhere?

    In some provinces, like Manitoba, you can register your common-law relationship in the Manitoba Common-law Registry, but it is not mandatory.

  • What if my partner and I have a child together? Does this affect our common-law status?

    Yes, having a child together can be one of the factors that establish a common-law relationship, especially for federal tax purposes and immigration.

  • How does common-law status differ from being married?

    Common-law status refers to living with someone in a conjugal relationship without being legally married. The rights and obligations can differ significantly from those of married couples, especially in terms of estate planning and property rights.

  • What happens if my common-law partner and I break up?

    If you break up, your common-law status ends. The specific circumstances of the breakup, such as separation or death, can affect your rights and obligations, which may vary by province.

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