what makes it a statutory declaration

[Gemini020]

Hi everyone,
I'm applying for permanent residency as the common-law partner of my Canadian boyfriend. We will need two statutory declarations. The having people write it will be very easy, we both know each other's family and friends well, but I'm not sure what to do to make it a statutory declaration. Our town hall has a service to legalize signatures. From how I interpret the statutory declaration this would be sufficient but could someone confirm this?

The same question could be asked for the statutory declaration of common-law union. If I understand correctly we don't absolutely need it (and it's only if I would be co-sponsor or something) but people have suggested to add it to provide more proof of relationship.

Thanks in advance

 

[sashali78]

Hi everyone,
I'm applying for permanent residency as the common-law partner of my Canadian boyfriend. We will need two statutory declarations. The having people write it will be very easy, we both know each other's family and friends well, but I'm not sure what to do to make it a statutory declaration. Our town hall has a service to legalize signatures. From how I interpret the statutory declaration this would be sufficient but could someone confirm this?

The same question could be asked for the statutory declaration of common-law union. If I understand correctly we don't absolutely need it (and it's only if I would be co-sponsor or something) but people have suggested to add it to provide more proof of relationship.

Thanks in advance

You must fill a statutory declaration of common law in common law application. It can be legalized by either notary public or commissioner of oaths/affidavits. You can use this form: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.pdf

 

[Gemini020]

Thank you for your reply. Can you show me where you found that we must fill out that form?
At http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp I read the following:
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

Do the letters from our family and friends also need to be legalized at a notary public. I imagine this would not be under oath but just to check that person actually wrote that letter.

 

[sashali78]

Thank you for your reply. Can you show me where you found that we must fill out that form?
At http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp I read the following:
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

Do the letters from our family and friends also need to be legalized at a notary public. I imagine this would not be under oath but just to check that person actually wrote that letter.

Perhaps i was a bit ambiguous in my reply. You are not must to fill out this form, but you must provide the declarations of common law union. I would assume it is a good practice to notarize the declarations as it is your proof of "marriage", essentially replacing your marriage certificate and that is why i suggested to use this form and have it notarized. Anyhow, it is just my opinion and how i would do it myself.

 

[Gemini020]

I'm sorry but this confused me even more. What do you mean by declarations? I don't know how things are in other countries but just getting everything notarised is a very expensive thing to do in the Netherlands and also a lot to ask from family and friends. Also a notary here (Google search has told me we don't have public notary here) is for legal advise on wills etc so I doubt they'll even do it for personal letters.
We can have signatures legalised by city officials. I imagine this is not enough for the statutory declaration as I believe that is under oath. But what about the letters from family and friends?

 

[Ponga]

I'm sorry but this confused me even more. What do you mean by declarations? I don't know how things are in other countries but just getting everything notarised is a very expensive thing to do in the Netherlands and also a lot to ask from family and friends. Also a notary here (Google search has told me we don't have public notary here) is for legal advise on wills etc so I doubt they'll even do it for personal letters

For a Common-Law applicant, two statutory declarations are required. These are simply letters written by family/friends that will be `notarized', or the equivalent in yur country. These letters must convey two things:

1. That the author knows that you and your partner are in a genuine, loving relationship.

2. That s/he is also aware that you and your partner are living together and have lived together for at least one full year.

As you already mentioned, the Statutory Declaration of Common-Law form is not a requirement.


Good luck!

 

[Gemini020]

Thanks Ponga. Now I have to find out what is our equivalent of notarized I was hoping some Dutch people could share how they did it. Maybe I'll have to look on a Dutch forum or just have my boyfriends family/friends do it and have mine write some extra letters but not necessarily notarized.

 

[canuck_in_uk]

Thanks Ponga. Now I have to find out what is our equivalent of notarized I was hoping some Dutch people could share how they did it. Maybe I'll have to look on a Dutch forum or just have my boyfriends family/friends do it and have mine write some extra letters but not necessarily notarized.

Ask at the Canadian embassy. They can usually notarize stuff.

 

[Gemini020]

Thank you. That's what I thought, they did provide a "proof of being single" when we applied here in the Netherlands. Maybe the first time I asked the question was not clear, the referred me to Vienna for question regarding visa, so I'll try again. Asking Vienna any questions seems pointless anyway.

 

[sashali78]

Some more info for you why you should include the declaration of common law form with your application: http://www.canadavisa.com/canada-immigration-discussion-board/common-law-form-t373693.0.html

 

[canadianwoman]

I also suggest you include the statutory declaration of common law. It is true that it says in the application package that you do not need to. However, many visa officers want to see it anyway. They often ask for it later in the processing; if they do ask for it, it will delay the processing of the application. It is better to include it in the first place - if the visa officer you get doesn't think it is necessary, it will not hurt you; if the visa officer does think it is necessary, you will have saved some time.

 

[Gemini020]

Thanks everyone. I guess we'll do it. It just hurts in the sense that we'll have to find and pay for someone doing it around Christmas time (when we hopefully see each other next). I'm just a little frustrated in how much (notarized) things they need, especially compared to when we did it here.