IMM 5409 Guide (2026): Statutory Declaration of

What Is the IMM 5409 Statutory Declaration of Common-Law Union?

Quick start: use the official source first, then follow this guide step by step: Download IMM 5409 (official IRCC).

Quick tip: download the official IMM5409 first, then fill it while following this guide: Download IMM5409 form (official IRCC).

The IMM 5409 is a legal document required by Immigration, Refugees and Citizenship Canada (IRCC) when you are sponsoring or being sponsored as a common-law partner. A common-law relationship in Canadian immigration means you and your partner have lived together in a conjugal relationship for at least 12 consecutive months. This form serves as a sworn statement — a statutory declaration — confirming the genuineness of your relationship.

For newcomers to Canada, the concept of a "statutory declaration" may be unfamiliar. In Canada, a statutory declaration is a written statement of facts that you sign in front of a commissioner of oaths, notary public, or lawyer. Making a false statutory declaration is a criminal offence under Canadian law, so it is taken very seriously by IRCC officers reviewing your application.

You will typically need to submit the IMM 5409 alongside your sponsorship application (IMM 1344) or as part of a permanent residence application where your common-law partner is included. It is essential that both you and your partner complete this form accurately.

Who Needs to Fill Out the IMM 5409?

You must submit this form if:

• You are sponsoring your common-law partner for permanent residence in Canada
• You are being sponsored by a Canadian citizen or permanent resident as their common-law partner
• You are including a common-law partner in your own immigration application (for example, Express Entry, Provincial Nominee Program, or refugee claim)

Both the principal applicant (or sponsor) and the common-law partner must sign the declaration. If either party refuses to sign, IRCC may question the genuineness of the relationship, which could lead to a refusal.

Where to Download the IMM 5409

You can download the most current version of the IMM 5409 directly from the IRCC website at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides.html. Search for "IMM 5409" in the forms list. Always use the latest version — IRCC updates forms periodically, and submitting an outdated version can cause processing delays or a return of your application.

The form is available as a PDF that you can fill out digitally or print and complete by hand. If you fill it out by hand, use black ink and print clearly.

Step-by-Step Guide to Completing the IMM 5409

Section 1: Information About You (the Declarant)

This section asks for your personal information:

• Family name: Your last name exactly as it appears on your passport or travel document
• Given name(s): Your first and middle names as shown on your passport
• Date of birth: In the format YYYY-MM-DD (this is the standard Canadian date format used by IRCC)
• Country of birth: The country where you were born
• Current address: Your full mailing address in Canada or abroad

Make sure every detail matches your other immigration forms exactly. Even small discrepancies — like using a middle name on one form but not another — can trigger additional review.

Section 2: Information About Your Common-Law Partner

Fill in the same details for your partner: full name, date of birth, country of birth, and address. If you and your partner live together (which is expected for a common-law union), the address should be the same.

Section 3: Declaration of the Common-Law Union

This is the most important section of the form. You must declare:

• The date your common-law relationship began (YYYY-MM-DD)
• That you have been living together continuously in a conjugal relationship for at least 12 months
• That neither of you is married to someone else (or if previously married, that you are legally divorced or your former spouse is deceased)

The start date of your relationship is critical. IRCC officers will cross-reference this date with the supporting evidence you provide. If you claim you started living together on January 1, 2024, your supporting documents (lease, bills, bank statements) should consistently show co-habitation from that date forward.

Section 4: Signatures and Witnessing

Both you and your partner must sign the declaration. The signatures must be witnessed by a person authorized to administer oaths in Canada, such as:

• A notary public
• A commissioner of oaths
• A lawyer or paralegal licensed in a Canadian province

If you or your partner are outside Canada, you can have the form witnessed by a notary public or equivalent authority in that country. Some Canadian embassies and consulates also provide notarial services — check the specific embassy website for availability.

Supporting Documents for Your Common-Law Declaration

IRCC does not just take your word for it. You need to provide substantial evidence that your common-law union is genuine and ongoing. Here are the key categories of supporting documents:

Proof of Shared Residence

• Joint lease or rental agreement with both names
• Mortgage documents showing both names
• Utility bills (electricity, gas, internet) addressed to both of you at the same address
• Government correspondence (CRA notices, provincial health cards) showing the same address

Financial Evidence

• Joint bank account statements
• Jointly held credit cards
• Joint insurance policies (home, auto, life)
• Evidence of shared financial responsibilities (e.g., both contributing to rent or mortgage payments)

Evidence of a Genuine Relationship

• Photographs together spanning the duration of your relationship (label each photo with the date and occasion)
• Travel records showing trips taken together (boarding passes, hotel bookings)
• Communication records (if you were ever apart, screenshots of regular calls, texts, or video chats)
• Statutory declarations from friends and family attesting to your relationship (these are separate from the IMM 5409 itself)

Common Mistakes to Avoid

Based on common reasons for application refusal, here are mistakes newcomers frequently make with the IMM 5409:

1. Inconsistent dates: The start date of your common-law union must match across all forms and supporting documents
2. Not having the form properly witnessed: A declaration signed without an authorized witness is invalid
3. Insufficient supporting documents: Submitting only a few photos is not enough. Provide documents from multiple categories
4. Gaps in cohabitation: If you were apart for a period (e.g., one partner travelled for work), explain this in a cover letter. A gap of more than a few weeks without explanation can raise concerns
5. Previous marriages not disclosed: If either partner was previously married, you must disclose this and provide divorce certificates or death certificates

Tips for Newcomers

If you are new to Canada, here are some important things to understand about common-law relationships in the Canadian immigration context:

• Common-law is a legal status in Canada: Unlike many countries where only formal marriage is recognized, Canada fully recognizes common-law partnerships for immigration, tax, and benefits purposes
• Same-sex common-law unions are recognized: Canada recognizes same-sex common-law partnerships on an equal basis
• The 12-month rule is strict: You must have lived together continuously for at least 12 months. Short separations for travel or work may be acceptable, but the overall pattern must show continuous cohabitation
• Start collecting evidence early: From the day you move in together, start saving joint bills, taking dated photos, and keeping records. Building a strong evidence file over time is much easier than scrambling to find proof later

What Happens After You Submit the IMM 5409

Once you submit the IMM 5409 along with your sponsorship or immigration application, an IRCC officer will review your entire file. They may:

• Accept your declaration and approve the common-law component of your application
• Request additional documents if they feel the evidence is insufficient
• Schedule an interview (either in person or by phone/video) to ask both partners about their relationship
• Refuse the application if they believe the relationship is not genuine

Processing times vary depending on the type of application and the visa office handling your case. You can check current processing times at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html.

Frequently Asked Questions

Can I submit the IMM 5409 without a notary?

No. The statutory declaration must be signed in front of an authorized person (notary public, commissioner of oaths, or lawyer). Without proper witnessing, the document is not legally valid and IRCC will reject it.

What if my partner and I lived together outside Canada?

The 12 months of cohabitation do not need to be in Canada. You can count time living together in any country. However, you must still provide evidence of that cohabitation (foreign lease agreements, utility bills, etc.), and these documents may need to be translated into English or French by a certified translator.

Do I need to submit the IMM 5409 for a conjugal partner?

No. The IMM 5409 is specifically for common-law partners. If you are in a conjugal relationship (where you cannot live together due to circumstances beyond your control), you would complete different forms. Check the IRCC website for guidance on conjugal partner sponsorship.

How much does notarization cost?

In Canada, notarization fees vary by province and provider. Expect to pay between $25 and $100 CAD. Some community legal clinics offer free or low-cost notarization services — search for legal aid clinics in your province.

Completing the IMM 5409 correctly is a crucial step in proving your common-law relationship to IRCC. Take your time, gather strong supporting evidence, and ensure every detail is consistent across all your immigration forms. If you are unsure about any aspect of the process, consider consulting a licensed immigration consultant (RCIC) or immigration lawyer for professional guidance.

Download This Form

Before you submit anything, download the latest official file here: Download IMM5409 form (official IRCC). Always use the latest version.

Related internal guides

• IMM 5257 guide
• IMM 1294 guide
• IMM 1295 guide
• IMM 5409 guide
• IMM 5532 guide

Official external resources

• Download IMM5409 form (official IRCC)
• IRCC forms and guides library
• IRCC document checklists
• CRA forms and publications
• IRCC processing times

Official Download and Useful Links

For accuracy, always start from the official source: Download IMM 5409 (official IRCC).

Related internal guides

• Provincial health cards guide
• BC PNP forms guide
• IMM 5532 guide
• IMM 5409 guide
• PGWP application guide

Official external resources

• Download IMM 5409 (official IRCC)
• IRCC spouse/common-law sponsorship
• IRCC checklists
• IRCC processing times
• IRCC web form

Related Resources

WelcomeAide Tools

• WelcomeAide Blog — browse all newcomer guides and updates
• Ask WelcomeAide AI — get personalized answers to immigration questions
• Newcomer Checklist — track your immigration and settlement steps
• Rights Guide — understand legal rights and protections in Canada
• Settlement Programs — find settlement and integration support services

Related Guides

• IMM 5532 Form Guide (2026): How to Fill, Download, and
• Guide to IMM 5481: Sponsorship Evaluation Form for
• How to Complete IMM 1294: Application for Study Permit

Official Government Sources

• IRCC — Immigration, Refugees and Citizenship Canada
• Immigrate to Canada — Official Programs
• IRCC Processing Times
• IRCC Visas and Entry Requirements
• Canada.ca Immigration and Citizenship Services
• Canadian Citizenship Resources