Common-law declaration (IMM 5409)

Applying to immigrate or sponsor your partner, and asked for the IMM 5409? This form confirms your common-law relationship to Immigration, Refugees and Citizenship Canada (IRCC). Here’s who qualifies, how to fill it out without mistakes, and how to sign it online together in minutes.

What is the IMM 5409?

The IMM 5409, or Statutory Declaration of Common-law Union, is an IRCC form in which you and your partner solemnly declare that you’ve lived together in a conjugal relationship, and for how long. Like any statutory declaration, it has the same force and effect as if it were made under oath, and it must be declared in front of a notary public or commissioner.

Who counts as common-law?

IRCC considers you common-law partners if you’ve lived together continuously for at least 12 months in a conjugal relationship. Short, temporary absences, such as a business trip or a family visit, don’t break the 12 months.

If you’ve lived together for less than a year, you aren’t common-law in IRCC’s eyes yet, and the IMM 5409 isn’t the right form for you.

When you need it

• Sponsoring your common-law partner for permanent residence
• Being sponsored by your common-law partner
• Including your common-law partner in your own permanent residence application
• Including your common-law partner in a work or study permit application

How to fill it out

• Download the latest version of the form from IRCC’s website and fill it out on a computer.
• Enter both full names exactly as they appear on your passports or travel documents.
• Enter the date you started living together, in the format IRCC asks for (YYYY-MM-DD).
• Make sure your dates match everything else in your application, such as your addresses, leases and other forms.
• Don’t sign it before your appointment. You’ll both sign in front of the notary.

Proof to send with it

The declaration is stronger when your application also shows that you live together and share your lives. Common examples include:

• A lease, mortgage or property title in both names
• Utility, phone or internet bills in both names at the same address
• Government ID showing the same address
• Joint bank accounts or credit cards
• Insurance policies or benefits naming each other

Try to cover the full period you’ve lived together, not just the last few months.

How to sign your IMM 5409 online, together

We’ve helped thousands of couples sign their IMM 5409 online. It takes three steps:

1. Book a time that suits you both, and upload your completed form and a valid photo ID for each of you.
2. Meet a notary on a secure two-way video call. You and your partner join using the same link, together or from different locations.
3. Sign electronically. The notary applies their digital seal and you download your declaration right away, ready to upload with your application.

Pricing starts at $20. Book your appointment and have your declaration ready the same day.

Frequently asked questions

Do both partners need to sign?

Yes. The IMM 5409 is a joint declaration, so both of you sign it in front of the notary during the same appointment.

Can we sign from different locations?

Yes. That’s exactly what online notarization is for. Each of you joins the same secure video call from wherever you are, using the same link.

Can I sign from anywhere in Canada?

Yes. The IMM 5409 goes to IRCC, a federal department, not to a provincial office, so you can sign it with us wherever you live in Canada.

What if we’ve lived together for less than a year?

IRCC only considers you common-law after 12 continuous months of living together. Wait until you’ve reached 12 months before signing the declaration, and make sure the dates match the rest of your application.

What if the information on the form is wrong?

Knowingly making a false statutory declaration is a criminal offence, and misrepresentation can also lead IRCC to refuse your application and bar you from applying again for five years. Double-check every date and name before your appointment.

Sources: IRCC, Statutory Declaration of Common-law Union (IMM 5409); IRCC, Who you can sponsor.