The IMM5409E Statutory Declaration of Common Law Status or Union is a form that is used by Canadian citizens or permanent residents to declare that they are in a common-law relationship with their partner. This form is typically required as part of an application for immigration, citizenship, or other legal purposes.
A common-law relationship is a legally recognized partnership between two people who are not married but have lived together for at least one year in a conjugal relationship. The Statutory Declaration of Common Law Status is used to provide evidence of this relationship, and it must be signed and notarized by both partners in front of a commissioner of oaths or notary public.
The form includes information about the individuals involved, such as their names, addresses, and dates of birth, as well as details about the duration and nature of their common-law relationship. By signing this form, both partners are attesting to the fact that they have been living together in a committed relationship for at least one year and that they are not married to anyone else.
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A: To prove common law status, you will need to provide evidence of your relationship with your partner. The specific requirements for proof of common law status may vary depending on the purpose of your application and the jurisdiction you are in, but here are some common documents that may be required:
Statutory Declaration of Common Law Status (Canada) or Declaration of Common Law Relationship (Specifically for Ontario): This is a form that both partners must complete, sign and have notarized.
Joint bank account statements: Proof of a joint bank account can demonstrate financial interdependence, which is a common element of a common-law relationship.
Joint utility bills: Proof of jointly held utilities, such as electricity, water or internet, can help demonstrate that you are living together.
Joint lease or mortgage agreements: Proof of a jointly held lease or mortgage can show that you are living together as a couple.
Insurance policies: Evidence of shared car or health insurance policies can help demonstrate that you are in a committed relationship.
Photographs: Photographs of you and your partner together can provide evidence of your relationship.
Affidavits from friends and family: Sworn statements from people who know you and your partner well can help corroborate your relationship.
It's important to note that not all of these documents may be required, and different types of evidence may be required for different types of applications. It's best to consult with a legal professional or the specific application requirements to ensure you are providing the appropriate evidence.
A: The Statutory Declaration of Common Law Status and the Declaration of Common Law Relationship in Ontario serve similar purposes in that they both declare that two individuals are in a common-law relationship. However, there are some differences between the two documents:
Jurisdiction: The Statutory Declaration of Common Law Status is a federal form used for immigration and citizenship purposes, while the Declaration of Common Law Relationship is an Ontario-specific form used for legal purposes within the province of Ontario.
Format: The Statutory Declaration of Common Law Status is a standardized federal form, while the Declaration of Common Law Relationship in Ontario may have different formats and requirements depending on the purpose of the declaration.
Requirements: While both forms require the individuals to declare that they are in a common-law relationship, the specific requirements for each form may differ. For example, the Statutory Declaration of Common Law Status requires information such as the duration of the relationship, while the Declaration of Common Law Relationship in Ontario requires information such as the full legal names and addresses of the individuals.
A: As mentioned above, to declare a common-law relationship in Canada, you may need to complete a Statutory Declaration of Common Law which declares that you and your partner are in a common-law relationship and is more than likely required as part of an application for immigration, citizenship, or other legal purposes.
To complete the Statutory Declaration of Common Law Status, you and your partner must provide personal information such as your full legal names, addresses, and dates of birth, as well as information about the nature and duration of your relationship (see form for exact info required). You must also sign the form and have it notarized by a commissioner of oaths or a notary public.
In some provinces, such as Ontario, there may be additional forms or requirements to declare a common-law relationship for legal purposes.
A: A conjugal relationship is a term used to describe a romantic and intimate relationship between two individuals who are not married to each other, but who are living together as a couple and share a domestic life together.
In the context of immigration law in Canada, a conjugal relationship is a type of relationship that can be recognized as equivalent to a marriage or common-law partnership for the purpose of sponsoring a partner for immigration. This recognition is typically reserved for couples who are unable to live together due to immigration barriers or other factors beyond their control, such as religious or cultural barriers, sexual orientation, or political instability in their home country.
A conjugal relationship is generally considered to have the same characteristics as a marriage or common-law relationship, such as mutual commitment, emotional support, and financial interdependence. However, unlike a common-law relationship, a conjugal relationship does not require that the partners have lived together for a specific period of time, as it recognizes that there may be reasons beyond the control of the couple that prevent them from living together.
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