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Do we need dec of common-law union form?

Do we need dec of common-law union form?

Old Jan 15th 2013, 1:12 am
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Default Do we need dec of common-law union form?

I can't get my head around whether we need to complete the IMM5409 form and get it signed by a notary.

Our situation is LMO confirmed, now going for Temp Work Permit at POE. My job is category A on NOC so my spouse is in theory entitled to an open work permit, however as we're not married we need to prove common-in-law status, which is fine but I've seen conflicting reports of whether we would need to complete the declaration form (IMM5409)

Cheers and thanks for all advice so far in the process, this site is a life saver.
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Old Jan 15th 2013, 1:38 am
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Default Re: Do we need dec of common-law union form?

Originally Posted by biggayowl
I can't get my head around whether we need to complete the IMM5409 form and get it signed by a notary.

Our situation is LMO confirmed, now going for Temp Work Permit at POE. My job is category A on NOC so my spouse is in theory entitled to an open work permit, however as we're not married we need to prove common-in-law status, which is fine but I've seen conflicting reports of whether we would need to complete the declaration form (IMM5409)

Cheers and thanks for all advice so far in the process, this site is a life saver.
If both applying for work permits at the POE then the declaration form only needs to be filled in if CBSA request it should they have doubts about you being common law. As long as you have sufficient proof then you will be ok.
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Old Jan 15th 2013, 1:41 am
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Default Re: Do we need dec of common-law union form?

Originally Posted by Former Lancastrian
If both applying for work permits at the POE then the declaration form only needs to be filled in if CBSA request it should they have doubts about you being common law. As long as you have sufficient proof then you will be ok.
Thanks, guess there is no harm in getting it completed prior to flying just to be on the safe side. I just wasn't sure if it was needed at all in our case, as I'm not sponsoring my spouse, they're just getting an open wp off the back of my twp. Or at least that's the plan.
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Old Jan 15th 2013, 2:45 am
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Default Re: Do we need dec of common-law union form?

Just spoken to a local solicitor / notary and they're charging £85! I'm sure I've read on here that it was a standard £5 fee. Or am I mistaken?

£85 seems a bit steep for a signature.

Last edited by biggayowl; Jan 15th 2013 at 2:48 am.
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Old Jan 15th 2013, 3:00 am
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Default Re: Do we need dec of common-law union form?

Originally Posted by biggayowl
Just spoken to a local solicitor / notary and they're charging £85! I'm sure I've read on here that it was a standard £5 fee. Or am I mistaken?

£85 seems a bit steep for a signature.
5 pounds is the fee to have a solicitor witness you swear an affidavit or declare a statutory declaration. If you require a notarised document, only a notary can do that and, as there are so few of them, they set their prices accordingly. There is no reason why a solicitor or a commission for oaths is unable to witness you declare a stat dec. Whether that will be accepted by the powers that be is a different question.
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Old Jan 15th 2013, 3:03 am
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Default Re: Do we need dec of common-law union form?

the form says a signature by a Commissioner of Oaths. Is that the same as or different to a notary. sorry for the ignorance
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Old Jan 15th 2013, 3:26 am
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Default Re: Do we need dec of common-law union form?

Originally Posted by biggayowl
the form says a signature by a Commissioner of Oaths. Is that the same as or different to a notary. sorry for the ignorance
Commission for Oaths are different to Notaries. All solicitors are Commissioners for Oaths. They are not permitted to charge more than the statutory maximum which, when I left England, was 5 pounds.

Many others also have Commissioner for Oaths status. Most clerks at your local County Court will be Commissioner for Oaths. They do not charge for stat decs.

Last edited by Almost Canadian; Jan 15th 2013 at 4:48 am.
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Old Jan 15th 2013, 3:37 am
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Default Re: Do we need dec of common-law union form?

Originally Posted by Almost Canadian
5 pounds is the fee to have a solicitor witness you swear an affidavit or declare a statutory declaration. If you require a notarised document, only a notary can do that and, as there are so few of them, they set their prices accordingly. There is no reason why a solicitor or a commission for oaths is unable to witness you declare a stat dec. Whether that will be accepted by the powers that be is a different question.
Spot on. I was getting my Notaries and Commissioner of Oathes mixed up. Easy mistake to make

£5 it is and from any common or garden Solicitor. Cheers.
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Old Jan 15th 2013, 4:50 am
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Default Re: Do we need dec of common-law union form?

Originally Posted by biggayowl
Spot on. I was getting my Notaries and Commissioner of Oathes mixed up. Easy mistake to make
No worries, it is easily done.

Originally Posted by biggayowl
£5 it is and from any common or garden Solicitor. Cheers.
Any Commissioner for Oaths is only permitted to charge 5 pounds (unless that amount has been increased since I left). All solicitors are Commissioners for Oaths.
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