vietcan

A question about Statutory Declarations. Most a Statutory Declaration be signed by a commissioner of Oath or may it be signed by a lawyer.
We have 4 Statutory Declarations that need to be signed but it is very costly to get it sign by a commissioner of oath.
It is my understanding that the Statutory Declaration of Common-Law must be signed be a commissioner of oath. But can a Declaration from friends stating your relationship is genuine and continueing be signed by a lawyer? Same with a declaration stating my intention to return to Canada after successful completion of the application? Please Advise

vietcan

Mr Miller please repley. Thanks so much

Andrew Miller

Statutory declarations must be signed and sealed by person authorized in his or her jusrisdiction to administer oath.

All other declarations if not taken under oath can only have signature notirized as notary or lawyer without administering the oath cannot confirm in any way the substance of declaration - thus such declarations have almost zero value. Do yourself a favor and spend little bit more - you are dealing with future of your and your partner's life, not about looking for best deal on used shoes in consignment store.

vietcan

Again thank you Mr Miller. That's what I thought, but I wanted to be sure as it was the diffrence of spending 50 and 200. I just wanted to ask again if it was nessassry for me (the sponor) to fill out a declaration stating I will return to Canada, as I didn't see this anywhere when reading the giude?

Andrew Miller

Yes, you must provide statutory declaration stating your intention to return permanently to Canada once sponsored partner gets visa. You don't see it in the guide because all guides are very generic, designed for theoretical average circumstances. There is a lot more what is not in any guide and what you should do and provide to assure smooth process and satisfactory outcome. What is $200 or even $5000 when you are dealing with your future?

Unfortunately for too many average refusal rate is still well over 50% for sponsored spouses and partners from Asia who's sponsors decided to "save" money by not using professional assistance - mainly due to inconclusive evidence not proving that it is a bona fide relationship. Remember that appeal process will be twice or three times more expensive and twice longer than original sponsorship process would be if you would use professsional assistance. But it is your life and your money...

vietcan

Yes, I agree. I will take your advise and we will spend the money. Any more suggestions about adding supporting documents that could make our case stronger that may not be in the guide?

Andrew Miller

I can't even guess - determination what should be included can only be made after full evaluation of the case, relationship, circumstances and existing evidence. All is unique, just like in every relationship - this is why instructions and guides are generic and cannot ever be made case specific.