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Author Topic: statutory declaration of common-law union  (Read 793 times)
greenish
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« on: September 28, 2011, 04:13:29 am »

I'm about to sponsor my common-law partner. Do I need to fill out the "Statutory Declaration of Common-Law Union" form?
I thought it might be a good idea, as it helps a bit to prove that our relationship is genuine. But the guide says you only need to fill it out, if the common-law partner is the co-sponsor. Also, we are currently (temporarily) residing in Korea, so I wont really be able to complete this till I/we get back since it needs the signature of a comissioner of oaths?
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Kedeisha
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« Reply #1 on: September 28, 2011, 07:01:32 am »

You HAVE to fill out that form it is included in the application package of common-law sponsorship plus get 2 notarized statement
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lagunabeachbabe
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« Reply #2 on: September 28, 2011, 07:07:13 am »

in my understanding you need to fill up the statutory of common law union only if your common law partner is your co signer
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''For the vision is yet for an appointed time and it hastens to the end(fulfillment); it will not deceive or disappoint. Though it tarry, wait (earnestly) for it, because it will surely come; it will not be behindhand on its appointed day."
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Kedeisha
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« Reply #3 on: September 28, 2011, 07:09:44 am »

in my understanding you need to fill up the statutory of common law union only if your common law partner is your co signer

that is a form that u sign declaring to the government u are common law so its a need to be filled out
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
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greenish
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« Reply #4 on: September 28, 2011, 07:53:17 am »

Ked, the top of the form says to read the guide before filling it out. The guide actually says that you only have to fill it out if your common-law partner is the co-signer. I'm just wondering if I'll have a benefit (i.e. proving the genuity of our relationship) from filling it out, even if I dont necessarily need to.
Also, does it necessarily need to be a Commisioner of oaths who signs it? Or is it OK to just have it notarized by a lawyer or such? Not really sure what a commisioner of oaths actually is, I guess I should research that Smiley
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Kedeisha
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« Reply #5 on: September 28, 2011, 08:53:55 am »

it looks like u dont need to complete it I was mixing it up with the notarized statements

I believe you would complete this form if you were sponsoring someone and you are using your spouse as a co-signer so based on that u dont need to complete this form since this is your common-law application
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AllisonVSC
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« Reply #6 on: September 28, 2011, 04:01:49 pm »

There has been some confusion about this form both from applicants AND the cic. Even though the directions say you only need to fill it if you are both co-signing to sponsor another family member, several forum members have reported being asked for this form in spousal applications as well.

I suggest filling it and getting it signed and attaching a sticky note saying you were unclear whether or not it was required in your case. That way they already have it if they think they need it.

To the OP, you should be able to find a Notary Public (or whatever Korea's version of this is) to sign this. It doesn't have to be just a "Commissioner of Oaths".
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greenish
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« Reply #7 on: September 28, 2011, 10:29:00 pm »

There has been some confusion about this form both from applicants AND the cic. Even though the directions say you only need to fill it if you are both co-signing to sponsor another family member, several forum members have reported being asked for this form in spousal applications as well.

I suggest filling it and getting it signed and attaching a sticky note saying you were unclear whether or not it was required in your case. That way they already have it if they think they need it.

To the OP, you should be able to find a Notary Public (or whatever Korea's version of this is) to sign this. It doesn't have to be just a "Commissioner of Oaths".

Thanks AllisonVSC, it is indeed a very confusing form! But I agree, better to just get it filled in than to risk having everything delayed when they request it later.
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rjessome
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« Reply #8 on: September 29, 2011, 09:17:44 am »

I've argued this point with CIC regarding this form not being included in the checklist.  However, they can ask for whatever they want during the processing of the application.  So take everyone's advice and complete the Declaration and send it with your application package.  If you don't, they will probably ask for it later.  If you are applying through Buffalo, they will DEFINITELY ask for it later, checklist or no checklist.  Just do it.
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greenish
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« Reply #9 on: September 29, 2011, 09:26:38 am »

I've argued this point with CIC regarding this form not being included in the checklist. 

Actually, it is included in the checklist now =) However, the checklist says you only need it if your common-law partner is the co-signer,
Anyhow, I agree, better to include it right away before they ask for it later!
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rjessome
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« Reply #10 on: September 29, 2011, 09:31:50 am »

Actually, it is included in the checklist now =) However, the checklist says you only need it if your common-law partner is the co-signer,
Anyhow, I agree, better to include it right away before they ask for it later!

Well that was kind of my point.  Spousal sponsorships don't include a co-signer so it is not a requirement on the checklist. That's what I meant by "not included".  Semantics.  But anyway, you made the right choice.
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greenish
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« Reply #11 on: October 01, 2011, 05:30:42 am »

This question might sound stupid but I'm kind of stuck because of this.
The form reads "We, (declarant) and (declarant's partner) of (city) in (Province) in the country of (Country), solemnly declare ...."
My common-law partner is currently residing in Korea and I'm in Korea visiting her. However, for the longest time we have been living in Canada and are only temporary in Korea.
When we fill out the declaration form, do I fill it out as if we were both living in Canada? Or do I fill it with our current (temporary) living situation?
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Boracay
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« Reply #12 on: October 01, 2011, 09:42:01 am »

We spent the first 9 months in The Philippines and the last 3 months traveling through several countries so we just put where we resided the longest which is The Philippines
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greenish
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« Reply #13 on: November 06, 2011, 03:35:09 am »

Once again I'm trying to understand this form but can't make any sense of the top line Sad
With out any explanation as to what these boxes refer to, there's a box which reads 'Country' and one that reads 'Province/State/Territory'. Right above these boxes it says '(if applicable)'. I have no idea what I'm supposed to put in these boxes. The location where we are getting this declaration signed? The location we usually reside at? Nothing?
Any ideas are appreciated!
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Louise86
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Passport Req..: 15-03-12 (Decision Made)
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« Reply #14 on: November 07, 2011, 09:08:20 am »

My partner and I are also applying common-law and we knew that this form wasn't needed (unless your partner was the co-signer), but we included it anyway. Although, I do know of people who also applied common-law and didn't include it, yet were still approved with no problems.

This question might sound stupid but I'm kind of stuck because of this.
The form reads "We, (declarant) and (declarant's partner) of (city) in (Province) in the country of (Country), solemnly declare ...."
My common-law partner is currently residing in Korea and I'm in Korea visiting her. However, for the longest time we have been living in Canada and are only temporary in Korea.
When we fill out the declaration form, do I fill it out as if we were both living in Canada? Or do I fill it with our current (temporary) living situation?

We spent the first 9 months in The Philippines and the last 3 months traveling through several countries so we just put where we resided the longest which is The Philippines

I agree with Boracay - I would list the place that you lived the longest (Canada), and attach a sticky note explaining your situation and give the dates that you have lived in Korea.

Best of luck  Smiley
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