Time for Common-Law

[millhaus]

I really recommend you to fill out the statutory declaration of common law union. you need to notarized the your signatures by a Commissioner of Oaths or notar. (he needs to go there with birth cetrificate and police clearence anyway). i know this form is required only when you have a co-signer but we were asked to send it by buffalo officer

you should also include at least two letters (f.e. from your boss, friend, prof,..) saying yours relationship is geniune and continuing. those letters doesnt have to be notarized.

 

[matthewc]

Actually the statutory declaration of common-law union isn't worth as much as you might think for a common-law class application. It's really intended for use where a common-law partner is co-signing the sponsorship of another family member. See OP2 section 9:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

"Self-serving statutory declarations carry little weight unless they predate interest in immigration."

 

[BeShoo]

I don't think there's really any use filling that in if you are sponsoring your partner. I was just using it as an example of a statutory declaration that you might take parts for family and friends. Like "I _____, of (town) in the county of (county) in the province of (prov.) in Canada, solemnly declare ...." and "I make this solemn declaration conscientiously believeing it to be true, and knowing that it is of the same force and effect as if made under oath." "Declared before me at ..." etc.

 

[loverly]

I hope we will not actually have to submit two notarized declarations from our friends and family, since I did some searching and getting something notarized is really expensive!

 

[matthewc]

Shop around. We included a couple of statutory declarations from family - one of them was free (family friend who is a lawyer did it as a favour) and I think the other was maybe $20. You certainly shouldn't be paying much more than that.

 

[BeShoo]

I hope we will not actually have to submit two notarized declarations from our friends and family, since I did some searching and getting something notarized is really expensive!

The USA region guide calls for 2:

If you are a common-law or conjugal partner, provide evidence that your relationship is genuine and continuing and has existed for at least 12 months prior to your application. Also provide details of the history of your relationship and at least two statutory declarations from individuals with personal knowledge of your relationship supporting your claim that the relationship is genuine and continuing.

I don't remember you saying where your boyfriend is from but I think you'll need them. The sponsor's guide says this when talking about a statutory declaration:

A Commissioner for Oaths must certify this document. Provincial laws govern who can act in this position. In general, Members of Legislative Assemblies (MLAs), judges, justices of the peace and lawyers are authorized to take oaths. Check your phone book for listings.

Maybe your MLA could do it free? I don't know what their policy is on that (if they're even around when you need it.)

 

[MexiCana]

Form for statutory declarations

We are applying through Buffalo CIC and we have had two people make declarations. I used the basic form people use however my deponents added additional details. These were both people who I wanted to have write detailed letters as well as they have a lot of knowledge of our relationship. Was fearful it might look bad to CIC official, as though the deponent was not willing to solemnly declare to contents of the letter and that it would thereby cast the content of that letter into doubt.

As I found no prescribed form for the decs, my reading is that while bare bones is fine there is nothing precluding you from including more. Therefore in addition to the main statements (genuine and continuing relationship and cohabitating continuously for more than one year) they included the factual basis for those beliefs.

As far as I know, so long as the form of the declaration adheres to the requirements of the Canada Evidence Act it's fine (although I'm not sure what you do if you're in a foreign jurisdiction). If my declarations get rejected, I will be sure to let you know!

Canada Evidence Act
Statutory Declarations
Solemn declaration

41. Any judge, notary public, justice of the peace, provincial court judge, recorder, mayor or commissioner authorized to take affidavits to be used either in the provincial or federal courts, or any other functionary authorized by law to administer an oath in any matter, may receive the solemn declaration of any person voluntarily making the declaration before him, in the following form, in attestation of the execution of any writing, deed or instrument, or of the truth of any fact, or of any account rendered in writing:
I, ................, solemnly declare that (state the fact or facts declared to), and 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.

Declared before me .................... at .................... this .................... day of .................... 19.............

Check with your MP, and also call in any favours you have with any lawyer friends. You don't need these notarized, they can be commissioned by anyone entitled to administer an oath.

 

[BeShoo]

Re: Form for statutory declarations

They don't need these notarized, they can be commissioned by anyone entitled to administer an oath.

That's a good point. Although any notary can perform "commissioner of oaths" functions, notarizing is not what they are doing and many other people can do it. It pays to shop around. I even saw prices like $5.00 in a web search! Keep in mind that the person making the decaration has to be physically present where the commissioner is.

 

[G Kann]

OP2 also states that 'Statements in the form of statutory declarations are preferred' which regard to testimonials from family/friends with regard to examples of proofs of a genuine relationship. However, as on here, I have read of people have had not had their testimonials signed and witnessed as still achieve PR.

And you'll might find that a solicitor/commissioner of oaths works out cheaper than a notary public with regard to having a letter/testimonial signed and witnessed.

 

[MexiCana]

Some CIC offices ask for statutory declarations for common law relationships. We needed two.

At my law school's legal clinic the supervising lawyer commissioned things for people who qualified either free or very cheaply. For example if you live in their geographic area you can get them done at Parkdale Legal Services (http://www.parkdalelegal.org/). If you call around to a few such places I'm sure someone can point you to a place to do it economically.