Letters from family

[tina19]

Hi there. Were getting about 3 or 4 letters from our family to be statutory declaration. I know that CIC only needs a min of two so were good there. I believe I have asked this before but Im still so very confused as were so close to finally sending our common law application this month. Who in Scotland can notarizes these letters. What exactly is a statutory declaration and having it notarized? Can it be a solicitor or do we have to find a commissioner for oaths. Also for the letters do they specifically have to write something on it and then a solicitor just signs it and thats it or do they just write a letter about us how they want and then they sign it. Do they have to be present or write it in front of someone? Please help, I cant seem to get my questions answered and I dont want to make a mistake on this application and I want to hurry and send this in to finish this process. Thank you.

 

[surleplateau]

Commissioner of Oaths is Canada's thing, I believe, for basically the letter writer (or form signer) swearing to the Commissioner that the letter/form is true to the oath-swearer's knowledge. In Canada, this can easily be done at any city clerk's office, and even for free at many community-service organizations or for a low-cost of just $5 (it's not supposed to cost more than that). Other public officer holders who can act as "commissioner of oaths" can be mayors, other public/city officials, etc.

Your best bet would be to have 2 letters written by someone in Canada, because people in Canada would have easiest access to any city/burrough clerk to act as commissioner (some universities have a legal-advice office that can perform the same for free, I know McGill University in Montreal, QC does).

Outside of Canada, the letter writer could try asking the Canadian consulate -- either someone at the consulate themselves can act as CoO or the Canadian consulate in your country should be able to point to where you can get such a thing done that would be accepted by CIC.

If none of that is feasible, then get a public notary to sign. But I've found notaries tend to cost 50-60$CAD, so that's why I suggest a Canadian CoO over notary.

You only need 2 statutory letters if you are common-law. If you are married, then you can just toss in a few letters from your friends and family and they don't need to be made into "statutory declarations". If you are common-law and want to submit more than 2 letters -- well, that's up to you, but only 2 need to be statutory declarations.

Mind you, these letters don't need to be longer than a page. No thesis or college essay novellas.

 

[tina19]

Thank you. I'm starting to understand this a little more. Ive got my mom writing it and shes back in Canada so Ill have her write the letter about my partner and I and have her go to a lawyer that settled her will/moving house to do the statutory declaration. Ive got no one else in Canada to write the letter. It will be his mom and were in Scotland just now. Finding someone to notarize her letter is driving us crazy. We dont want to go to a solicitor, pay money to sign it and it not be accepted by CIC. Were just stuck at this point.

 

[surleplateau]

Where is your nearest Canadian consulate in Scotland? If that's too far, seriously, call the Canadian consulate in Scotland and ask them who else in Scotland would be acceptable for taking the letter-writer's "oath" (that the letter is true to the best of their knowledge) -- and then call around and find the cheapest/easier solution. It may be as simple as going to your local city hall... I hope.

Statutory declarations are a Commonwealth thing, apparently not just Canada, so there may very well be some equivalent in Scotland that would be acknowledged in Canada.

 

[tina19]

I believe it is Edniburgh so I will call them and ask what is best here. I'll also call a few solicitors and see what they say as well. My mom will just go to her lawyer which hopefully they will do. One question I hope you can answer is do they have to do it in a form of a template or does my mom write: I, [First Name] [Surname] of [Address] do solemnly and sincerely declare as follows:.... and then writes her letter or does the lawyer/solicitor do that?

 

[surleplateau]

It's a letter that the letter writers solemnly affirms that they are the letter writer and the letter/document they are signing is true to the best of their knowledge. It's not meant to be a template, because every person will be writing about a specific couple.

It should include:

* full names of the couple;

* a few sentences on the nature of the letter writer's connection/knowledge of the individual/couple;

* a statement that, in essence, declares the letter writer's belief, to the best of their knowledge, the relationship is genuine/real/long-term/serious;

* full name and contact information/address/phone for the letter writer should CIC wish to contact them for further details.

Feel free to Google for other people asking the same question, and you'll see more people asking and explaining this in their own words.