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Declaration of Severance of Common Law Relationship?

Discussion in 'Family Class Sponsorship' started by Kimore, Oct 21, 2009.

  1. Hello,

    I was in a commonlaw relationship for 3yrs. The relationship was disolved over 7yrs now. I am currently married do i need to submit a declaration of severance of common law relationship proof? I am currently married to a wonderful man and would like to start the process of sponsering him. I have no contact with my previous spouse and do not know where he is. If i need that declaration form how do i go about getting it? Any suggestion would help.

    Thanks
     
  2. Hi

    Not 100% sure of this; Im sure some seniors like PMM, Rjessome or ariell will answer if they know but, I would imagine that if you are married legally (in Canada perhaps or another country where the recognition of the marriage will not be called in to question) that the common law relationship can be seen to have ended due to the fact that you are legally married.

    Questions that spring to mind are, when you were in this common law relationship did you sponsor the partner? If so, are you clear of any financial responsibility that may have accumulated? If you did not sponsor the previous partner, and simply lived together as Canadians in Canada, there doesn't seem to be any logic with declaring the end of that relationship.
     
  3. I had the same question but found an example after searching a bit on the internet (http://www.canada-city.ca/canada-immigration/posting.php?messageid=8707). Essentially, you write a letter that has the same standard phrases and a similar layout as the "Statutory Declaration of Common-Law Union" (IMM5409E) but of course you change the middle part. Your ex does not need to be involved! Then it needs to be certified by a commissioner of oaths. We just went to the town hall (in Montreal, actually the one for our borough) where the receptionist could do it for us after paying $5. But others may do it too.

    Here it is -- strategic places marked with (); hope that helps.

    STATUTORY DECLARATION OF SEVERANCE OF COMMON-LAW RELATIONSHIP

    Country: (country)
    Province: (province)

    In the matter of an application made pursuant to the Immigration and Refugee Protection Act and Regulations and in the matter of common-law union, I, (name), of the city of (city), in the province of (province), do solemnly declare that:

    1.The common-law relationship between myself and (name) ended on (date).
    2.At no time since our relationship ended have we lived together, nor tried to reconcile the relationship.
    3.This declaration is made with the knowledge that it is being relied upon by Immigration Canada and the Canadian Embassy in (city), (country).

    I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.


    Name of Declarant: Signature of Declarant:


    Name of Commissioner of Oaths: Signature of Commissioner of Oaths:



    Declared before me at the city of (city), in the province of (province), this (number)th day of (month) of the year (year).
     
  4. It depends on the Region Specific Guide requirements if you need this or not. If you do, follow the information and example amsyul gave which was great!
     
  5. Thanks a lot for the responses, i really do appreciate it.
     
  6. I am going through a somewhat similar problem - thought I would just continue in this thread.
    I was in a common law relationship from 2003 - 2006 with someone.
    We never formally declared we were commonlaw but lived together and had a bank account together.

    I am now in a 3.5 year common law relationship with an amazing guy, who is sponsoring me to come to Canada.

    It is ok for JUST ME to fill out a declaration that I separated from my ex common law partner in 2006?


    Or does he need to fill one out too?

    Does anyone know? Thanks so much!!
     
  7. Actually, it's not the same. The OP is married so her marriage certificate is enough proof and voids any previous common law relationships.

    In your case, you have to fill out a declaration since you are in another common law relationship.
     
  8. Hi,

    So if I understand correctly, if you were in a common-law relationship in the past with someone else and you are now legally married to another person, the marriage certificate would be enough proof to show that the previous union no longer exist?

    Thank you for your time.
     
  9. Actually, CIC told me that you still have to submit the Declaration of Severance of Common Law. Married or Conmmon-law.
     
  10. Right, I also had to submit the document regarding my ex-girlfriend even if I was already married to my current wife at the time of application.
     
  11. I suppose, if tou never changed your CRA profile to common law, and had no kids, they may never find out. But that would amount to misrepresentation.
     

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