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May 29, 2012, 12:41:53 pm
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Author Topic: "statutory declaration of common law union" paper?  (Read 633 times)
una
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« Reply #15 on: January 26, 2012, 11:18:48 pm »

Thank you everyone, this helps alot.

We are not married, he (the canadian) is sponsoring me (the Icelander) as a common law partner. Seems like we might not have to go for this paper, but we will consider it if we feel like we need to strengthen our cause.

Thanks!
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Quince777
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« Reply #16 on: January 26, 2012, 11:20:33 pm »

While the declaration of common-law union is not necessary for any spousal sponsorship, common-law applicants in the spousal category sometimes fill it out, and get it notarized (or similar) simply because then they have a legal document declaring their relationship. I have heard of many common-law applicants (myself included) who put it in their application to strengthen their common-law proof.
If you're filing under common-law, it's a requirement to provide it not an option.
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Elizabeth Joe
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Category........: FAM
Visa Office......: Berlin
App. Filed.......: 15-09-2011
AOR Received.: 16-12-2011
File Transfer...: 28-11-2011
Med's Done....: 02-09-2011
VISA ISSUED...: 17-02-2012
LANDED..........: 24-04-2012

« Reply #17 on: January 27, 2012, 07:17:36 am »

If you're filing under common-law, it's a requirement to provide it not an option.
I think it is an option.
(see guide:Statutory Declaration of Common-Law Union (IMM 5409)
Who must complete this form?
This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application.


 If your sponsoring somebody different than your partner and you have a co signer, you are obviously not including any other proof to prove your relationship with your co signer, therefore you need that document.
If the person being sponsored is your commonlaw partner you are already including other proof and don't necessary need it, but it helps for sure. I've also heard that Buffalo requests it sometimes, but following the guide, its an option.
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sidkrose
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Posts: 323
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Category........: FAM
Visa Office......: Berlin
App. Filed.......: 26-07-2011
AOR Received.: 24-10-2011
Med's Done....: 08-07-2011
Interview........: Waived
Passport Req..: 15-11-2011
VISA ISSUED...: 25-11-2011
LANDED..........: 10-12-2011

« Reply #18 on: January 27, 2012, 03:08:41 pm »

If you're filing under common-law, it's a requirement to provide it not an option.

Definitely optional. It is intended for co-signers ONLY, but many common-law couples use it as additional proof in spousal sponsorship.
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Spousal sponsorship, common-law category
Quince777
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« Reply #19 on: January 27, 2012, 07:24:04 pm »

Ok, thanks for clarifying this! I was under impression that it was mandatory to provide it with the common-law sponsorship.
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AllisonVSC
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Category........: FAM
Visa Office......: Buffalo - Conjugal Partner
App. Filed.......: 11-08-2009
Interview........: waived
VISA ISSUED...: 04-11-2009
LANDED..........: 04-11-2009

« Reply #20 on: January 28, 2012, 10:17:54 am »

I've been around the forum long enough now to see this form go from not applicable as per the guide because there is no co-signer for the conjugal class to mandatory for certifying your common law status as interpreted by some visa officers.

Crazy, I know, but I think it best to fill the form and send it in with your application rather than to find out later it's required and risk delaying your processing. If you want to, put a sticky note on it and say you were not sure if the form was applicable so please disregard if it is not.
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Quince777
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« Reply #21 on: January 28, 2012, 12:39:11 pm »

I agree with Allison that even though this form looks like unimportant piece of document as per the guide, I would personally consider it as quite important to support your common-law application. 
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una
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« Reply #22 on: January 28, 2012, 06:00:54 pm »

Thank you, that makes sense.
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