IMM 5409 - conflicting advice

Old Mar 14th 2011, 11:36 am
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Default IMM 5409 - conflicting advice

Hi there,
I wonder if anyone can help me? We're just going through our checklist and are wondering about IMM 5409. We're applying via common-law route. I'm canadian and partner is British. Some forum members have said this form is not necessary, however, on the website it implies it is.
What have other common-law sponsors done? Is it necessary to get this notarized?
thanks very much
Andrea
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Old Mar 14th 2011, 2:13 pm
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Default Re: IMM 5409 - conflicting advice

Originally Posted by AmyDavid
If your applying as common-law then you should complete this form and sign it in front of a notary public.

Good luck
Actually this is not true. In the instructions it says to fill this out if you are sponsoring a family member AND your co-sponsor is your common-law partner. If you are sponsoring your common-law partner you do not need a co-sponsor which makes this form not requried.

The reason you are getting conflicting information on the form as a lot of people are filling the form out "just in case" as additional proof for their common-law status. Which in my humble opinion is unnecssary. There have been old cases where a visa officer asked for this form by mistake (http://britishexpats.com/forum/showthread.php?t=652795).

My common-law partner just got his passport request and we did not fill out this form or include it in our application.

Last edited by alexisatk; Mar 14th 2011 at 2:17 pm.
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Old Mar 14th 2011, 7:21 pm
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Default Re: IMM 5409 - conflicting advice

Thanks to both of you - this can be so confusing!
I just got off the phone with the CIC helpline and they said I am required to fill this out, have it notarized and include it. Not sure why some say it is necessary, and then for others it's not. Such a confusing process...wish it was easier!
Cheers!
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Old Mar 14th 2011, 7:29 pm
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Default Re: IMM 5409 - conflicting advice

The CIC guide states "If you have a co-signer, complete this form only if you and your co-signer are in a common-law relationship."

If you are sponsoring your partner you do not need this form. Your partner is NOT your co-signer......
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Old Mar 14th 2011, 7:48 pm
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Default Re: IMM 5409 - conflicting advice

Unfortunatly, the people on the helpline can be wrong too. In this case they are, if you call back and ask someone else and explain to them why you don't need the form you will get a different response.
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Old Mar 14th 2011, 7:55 pm
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Default Re: IMM 5409 - conflicting advice

Hi all,
Unfortunately I haven't been able to find that information anywhere, the only thing re 5409 in the information guide sites:

If you are in a common-law union, you must also complete the Statutory Declaration of Common-law Union (IMM 5409) form and include it with your application.

Sorry to be a pain, but could you let me know where you've read this. I fear I'm missing some crucial information

Thanks again
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Old Mar 14th 2011, 8:00 pm
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Default Re: IMM 5409 - conflicting advice

Originally Posted by chorlton79
Hi all,
Unfortunately I haven't been able to find that information anywhere, the only thing re 5409 in the information guide sites:

If you are in a common-law union, you must also complete the Statutory Declaration of Common-law Union (IMM 5409) form and include it with your application.

Sorry to be a pain, but could you let me know where you've read this. I fear I'm missing some crucial information

Thanks again
http://www.cic.gc.ca/english/informa...des/3900E7.asp go to just past halfway down......

QuoTE from the guide -

Statutory Declaration of Common-Law Union (IMM 5409)

If you have a co-signer, complete this form only if you and your co-signer are in a common-law relationship. A common-law partner is a person of the opposite or same sex who is living with you in a conjugal relationship and has done so for at least one year prior to the signing of the Undertaking.

A Commissioner for Oaths must certify this document. Provincial laws govern who can act in this position. In general, Members of Legislative Assemblies (MLAs), judges, justices of the peace and lawyers are authorized to take oaths. Check your phone book for listings.

Sponsor Questionnaire (IMM 5540)

You must complete this questionnaire and include it with your application to sponsor if you are sponsoring a spouse, a common-law partner or a conjugal partner. Provide as complete and precise a response as possible to each question. If you have to provide some answers on a separate sheet of paper, make sure you write your name, the form’s title and the number of the question you are answering on all additional sheets you will be attaching to your questionnaire.

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Old Mar 14th 2011, 9:36 pm
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Default Re: IMM 5409 - conflicting advice

Thank you - I must have missed that page! Looks like I've got my work cut out for me.
I find some of their wording a bit unclear!
Cheers
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Old Mar 14th 2011, 10:38 pm
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No problem. The forms are not easy. :-)
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