Statutory Declaration of Common Law Union Application for Canada Temporary Resident Visa Using Form IMM 5409

About Form IMM 5409

A Canadian citizen or permanent resident sponsor should show that he or she has income that is at least equal to the minimum necessary income, the amount of which is published yearly by the Canadian government. The sponsor may request the help of a spouse or common-law partner as a co-signer. In the case of a co-signer being a common-law partner, the Statutory Declaration of Common-law Union (IMM 5409) has to be completed.

Who Should Apply

This form is to be used when a Canadian citizen or permanent resident sponsor has a co-signer who is his or her common-law partner.


In order to qualify for Statutory Declaration of Common Law Union Application for Canada, a common law partner is defined as:A person who is living in an unmarried relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year.

A conjugal relationship exists when there is a significant degree of commitment between two people. Common-law partners must include any documents that show they are in a committed and genuine relationship; for example, evidence that they share the same home, that they support each other financially and emotionally, that they have had children together, or that they present themselves in public as a couple.

Common-law partners who are unable to live together or appear in public together because of legal restrictions in their home country may still qualify and should be included on the application.

Common-law partners who meet the conditions outlined above but who have been separated for reasons beyond their control (for example, civil war or armed conflict) may qualify and should be included on the application.

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