Guide to IMM 5409 Statutory Declaration of Common-Law Union

In Canada, a common-law relationship is recognized for immigration purposes when two people have lived together in a conjugal relationship for at least 12 continuous months. Unlike a marriage, there is no single document (like a marriage certificate) that proves a common-law union. Instead, IRCC requires Form IMM 5409, a Statutory Declaration of Common-Law Union, which is a sworn legal statement that your relationship is genuine and meets the definition.

What Is a Common-Law Relationship in Canadian Immigration?

For IRCC purposes, a common-law partner is a person who has lived with you in a conjugal (marriage-like) relationship continuously for at least one year (12 months). Key points:

• The 12 months must be continuous. Brief separations for travel or work are acceptable if the relationship continued, but extended separations may break the continuity.
• Both partners must be at least 18 years old.
• Same-sex common-law relationships are recognized equally.
• You do not need to be unmarried. In some cases, a person may be separated from a legal spouse and in a common-law relationship with another person.

The definition is outlined in the Immigration and Refugee Protection Act (IRPA).

How to Complete IMM 5409

Part 1: Information About You (the Declarant)

1. Enter your full legal name
2. Date of birth
3. Current address
4. UCI number (if you have one from a previous application)

Part 2: Information About Your Common-Law Partner

1. Full legal name of your partner
2. Date of birth
3. Current address (should be the same as yours, since you must be cohabiting)

Part 3: Declaration of Relationship

This is the core of the form. You make a sworn statement that:

• You and your partner have been cohabiting in a conjugal relationship since [specific date]
• You intend to continue living together
• The information is true and you understand that making a false statutory declaration is a criminal offense

Fill in the exact date your cohabitation began. This date is critical. It must be at least 12 months before the date you sign the declaration. If you moved in together on March 1, 2025, you cannot sign the declaration until at least March 1, 2026.

Part 4: Notarization

The statutory declaration must be signed in the presence of an authorized official. In Canada, this can be:

• A notary public
• A commissioner of oaths
• A lawyer

Outside Canada, it can be signed at a Canadian embassy or consulate, or before a local notary public (check whether IRCC accepts declarations from your country's notaries). The official stamps the document and signs it, confirming that you swore or affirmed the declaration in their presence.

Supporting Evidence for Your Common-Law Relationship

The statutory declaration alone is usually not enough. IRCC expects supporting evidence to prove that your relationship is genuine. The more evidence you provide, the stronger your application. Categories of evidence include:

Shared Financial Responsibilities

• Joint bank accounts or credit cards
• Shared utility bills (electricity, internet, phone) in both names
• Joint lease or mortgage agreement
• Joint insurance policies

Shared Living Arrangements

• Lease or rental agreement listing both names
• Correspondence (government letters, mail) addressed to both at the same address
• Driver's licenses or ID cards showing the same address

Relationship Evidence

• Photos together over time (labeled with dates and locations)
• Travel itineraries and tickets for trips taken together
• Communication records (if you were ever apart temporarily)
• Statutory declarations from friends or family who can attest to your relationship

For more about relationship documentation, see our guide on IMM 5532 Relationship Information Form.

Common Mistakes

1. Declaring too early: If you sign the declaration before the 12-month cohabitation mark, your application will be refused. Double-check the dates.
2. Not getting it properly notarized: A regular signature is not enough. It must be sworn or affirmed before an authorized official. If the notarization is missing or invalid, IRCC will return the form.
3. Insufficient evidence: Submitting the declaration without supporting documents is a weak application. IRCC may request more evidence or refuse the application.
4. Gaps in cohabitation: If you and your partner lived apart for a period (for example, due to work or study in different cities), you need to explain this. Extended separations can undermine the continuous cohabitation requirement.

When IMM 5409 Is Required

You need this form when applying for:

• Spousal/common-law partner sponsorship (inland or outland)
• Adding your common-law partner to an existing immigration application
• Claiming common-law partner status for any immigration program (Express Entry, PNP, etc.)

Download IMM 5409 from the IRCC forms page. For related forms, see our guides on IMM 5481 Sponsorship Evaluation, IMM 5645 Family Information, and IMM 0008 Generic Application.

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