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IMM 5409, Statutory Declaration of Common-Law Union: who signs, what it asks and common mistakes

IMM 5409 is a sworn declaration by two people that they are in a common-law relationship. It must be signed by hand, it will not produce a barcode when validated, and it asks for places, dates, years together and the kinds of shared life you can document. The regulations define a common-law partner as someone who has cohabited with you in a conjugal relationship for at least one year.

IMM 5409 is the form people reach for when they are not married but are applying with a partner. IRCC's forms index lists it as the "Statutory Declaration of Common-Law Union – Temporary and Permanent Residence". Because the same declaration appears in visitor, study, work and permanent residence packages, it is one of the most searched forms of all, and one of the most misunderstood. People ask where to get it notarized, who counts as a witness, and what to do if the relationship is recent.

This guide explains what IRCC's form page (form version January 2023, page date 23 August 2024) says about who completes IMM 5409 and what each question asks, and it sets that beside the legal definition in the Immigration and Refugee Protection Regulations. It does not tell you whether your relationship is common-law, and it cannot tell you what evidence to include. The program you are applying under controls that.

What IMM 5409 is and who completes it

IMM 5409 is a statutory declaration. That means each person makes a solemn statement that what the form says is true. It is not simply a form you fill in and sign at a kitchen table: the last question has a place for the person who administers the declaration to enter their name, their title and their signature.

IRCC's form page sets out who completes it: - If a sponsor's common-law partner is a co-signer, the sponsor and that partner complete the form. - If the person being sponsored, the principal applicant, has a common-law partner, that person and their partner complete the form.

The form is not limited to sponsorship. Other IRCC forms tell common-law applicants to submit it too. The visitor visa form, IMM 5257, the study permit form, IMM 1294, the work permit forms, IMM 1295 and IMM 5710, each say that if you are applying as a common-law partner you must also submit IMM 5409, while married applicants send a copy of their marriage certificate or licence instead. IRCC's guide 5269 for study permit applications from outside Canada also lists IMM 5409 as required "if applicable", and guide 5487 for work permits says the form applies if your common-law partner will accompany you to Canada. This tells you something about the form's role: it is how IRCC records that a relationship is being presented as common-law across many different applications.

The form page is clear on one technical point: the form must be signed by hand. Most IRCC forms can be signed digitally, so people often assume IMM 5409 can too. It cannot.

The legal definition behind the form

The declaration only makes sense next to the definition it supports. Section 1(1) of the Immigration and Refugee Protection Regulations defines a common-law partner, in relation to a person, as an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

Three words in that definition do the work. Cohabiting means living together. Conjugal describes the nature of the relationship, which is more than friendship or a shared house. And at least one year sets a minimum duration of living together.

Section 1(2) of the Regulations also deals with partners who could not live together for a year because of persecution or penal control. It is a narrow provision and its wording matters, so read it on the Justice Laws website rather than relying on a summary.

Two things follow for anyone filling in IMM 5409. First, the form's questions are built to show the elements of the definition: a stated relationship period, a place, and the ways your lives are joined. Second, whether a particular couple meets the definition is a legal and factual question for the officer. A declaration does not make a relationship common-law. It records what you say about one.

Our guide to the common-law partner definition covers the rule itself in more depth. This page is about the form.

Getting the form open and completed

IRCC's page gives technical instructions that matter more than they sound. - Use a computer. The form may not open on tablets or mobile phones. - Save the PDF somewhere you can find it, then open it in Adobe Acrobat Reader version 10 or higher. - Fill out the form electronically and click the Validate button at the top. A pop-up flags missing information. - The form will not produce a barcode when it is validated.

The last point is a frequent source of confusion. Many IRCC forms generate a barcode page when you validate them, and applicants are told to put that page on top of a paper package. IMM 5409 does not generate one. If you validate it and nothing happens, that is expected. The pop-up appears only when information is missing.

Because the signatures have to be handwritten, the usual route is to complete the fields on screen, validate, print, and then sign. Sign only after every field is final, because a signature on a printed page does not travel with later edits. Both people sign the declaration. The person administering the declaration then enters their name, title and signature.

Who may administer a statutory declaration, and what title they use, are not set out on IRCC's form page. Read the form itself and your program's instruction guide. If the guide does not say, ask the person who will administer the declaration what their authority is, rather than assuming.

What each question asks

IRCC's page describes the questions this way.

Question 1 asks for your country and province, state or territory of residence, the names of you and your partner as shown on your passports or travel documents, the place of the relationship, the number of continuous years you have been in it, and the relationship dates. The word continuous matters. Time apart is the point where applicants need to read the question carefully and answer it as asked.

Questions 1A to 1D are check boxes for ways a shared life shows up in documents: - a jointly signed residential lease, mortgage or purchase agreement; - jointly owned property other than your residence; - joint bank, trust, credit union or charge card accounts; - a common-law union declared on a Canadian income tax return (T-1).

Question 2 asks if you hold life insurance naming your partner as the beneficiary. Question 3 asks the reverse, whether your partner holds life insurance naming you.

Question 4 applies if you answered no to Questions 1 to 3. It asks you to list other documents that show your common-law relationship.

Question 5 is the solemn declaration. You enter names, places and the date, and both declarants sign. The person administering the declaration then enters their name, title and signature.

The form asks you to tick what exists. It does not tell you how many boxes are needed. IRCC's page does not say that a particular combination of boxes is enough, and this guide cannot say so either. The check boxes point to documents you may need to produce, so tick only what you can show.

Common mistakes

  • Digital signatures. The form needs handwritten signatures.
  • Signing before the form is final, or signing an unvalidated form with missing fields.
  • Expecting a barcode page. The form does not generate one.
  • Using a name different from the passport or travel document in Question 1.
  • Stating a relationship length in Question 1 that does not match the dates on the same line, or does not match the dates given on other forms in the package. Marital history, address history and the declaration all describe the same relationship, so they should agree.
  • Ticking a check box for a document you cannot produce. A lease, a joint account or a tax return entry is something an officer can ask to see.
  • Treating Question 4 as optional. It applies if you answered no to Questions 1 to 3, and it needs documents listed.
  • Submitting the declaration alone. IRCC's other forms say IMM 5409 goes with the application, and the form is not a substitute for the evidence your program asks for.
  • Skipping the person who administers the declaration. Their name, title and signature are part of Question 5.
  • Applying under the wrong relationship label. If you are married, IRCC's forms ask for the marriage certificate or licence instead.

Truthfulness, penalties and why it matters here

A statutory declaration raises the stakes on honesty. The Immigration and Refugee Protection Act requires a person who makes an application to answer truthfully all questions put to them, under s.16(1). Section 40(1)(a) makes it a ground of inadmissibility to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of the Act, and s.40(2)(a) sets a five-year inadmissibility period running from different start points depending on whether the determination is made outside or inside Canada.

A relationship's start date, whether you lived together, and how long are exactly the type of facts a declaration is written to fix in place. Relationship breakdowns, long separations for work, and moves between countries make the honest answer less tidy than the form. That untidiness is something to take to a regulated adviser before you sign, not something to smooth over on the page.

If you are a sponsor, your sponsor-side documents and the principal applicant's documents should tell the same story. The sponsorship forms, including IMM 1344 and the relationship questions in IMM 5532, are covered in their own guides.

Fees and getting help

IMM 5409 has no fee of its own. It is submitted with an application whose fee you pay separately. Read the IRCC fee list for the program you are applying under, and remember that fees are indexed and change.

You can complete a declaration without a representative. Paid immigration advice and representation in Canada is restricted by IRPA s.91 to authorized people. If you appoint a representative, IMM 5476 declares them. Our guides explain how to check a consultant's licence and how the College's public register works. To find a regulated adviser, use the adviser directory on this site, which lists advisers and links to the official register so you can verify them yourself.

Questions people ask

Can I sign IMM 5409 electronically?

No. IRCC's form page says the form must be completed and signed with handwritten signatures. Complete and validate it on a computer, print it, then sign.

Does IMM 5409 produce a barcode page?

No. IRCC's page says the form will not produce a barcode when it is validated. The Validate button still shows a pop-up if information is missing.

Who needs to complete IMM 5409?

Per IRCC's form page, a sponsor and their common-law partner if that partner is a co-signer, or the principal applicant and their common-law partner. Other IRCC forms also tell common-law applicants to submit it with the application.

How long do we need to have lived together to be common-law?

Section 1(1) of the Immigration and Refugee Protection Regulations defines a common-law partner as someone cohabiting with you in a conjugal relationship for a period of at least one year. Section 1(2) covers a narrow case of partners kept apart by persecution or penal control. Whether your relationship meets the definition is for the officer to decide.

Where do I get IMM 5409 notarized?

IRCC's form page does not say who may administer the declaration. It provides space for the administering person's name, title and signature in Question 5. Check the form and your program's instruction guide, and ask the person you plan to use what their authority is.

Is there a fee for IMM 5409?

The form has no fee of its own. Fees are paid on the application it accompanies. Check the IRCC fee list for the current amount.

Sources

Last checked 2026-10-09.

Related guides

  • Common-law partner in Canadian immigration: the legal definition, the 12 months and where it matters — Under section 1(1) of the Immigration and Refugee Protection Regulations, a common-law partner is someone who is cohabiting with you in a conjugal relationship and has done so for at least one year. IRCC's sponsorship page words this as 12 consecutive months without long periods apart. This guide explains the rule and the form that supports it (IMM 5409). It cannot tell you whether your relationship counts.
  • IMM 5257, Application for a Visitor Visa: what each section asks and where applications go wrong — IMM 5257 is the form for a visitor visa (temporary resident visa) or transit visa, completed by each person applying. The fee is $100 per person (maximum $500 for a family of five or more), plus $85 for biometrics where required. Every question in the Background Information section must be answered or the application is treated as incomplete and returned.
  • IMM 1344, Application to Sponsor, Sponsorship Agreement and Undertaking: what it asks and who signs — IMM 1344 is the sponsor's application, sponsorship agreement and undertaking. The sponsor, any co-signer and the person being sponsored must all sign it electronically, and the application is returned if any signature is missing. A co-signer is not allowed when sponsoring a spouse, common-law partner or conjugal partner.
  • IMM 5532, Relationship Information and Sponsorship Evaluation Form: who completes which part, and how to sign it — IMM 5532 is completed by the sponsor (Part A), the person being sponsored (Part B) and both together (Part C) in a spouse or partner sponsorship. It is signed digitally after you choose Print to PDF, and both people must sign. The consent questions about sharing fraud-investigation results are voluntary, according to IRCC.
  • IMM 1294, Application for a Study Permit Made Outside of Canada: what it asks and where applications go wrong — IMM 1294 is the form for a study permit applied for outside Canada, completed by each person who needs one. The IRCC fee list shows $150 per person for a study permit, plus $85 for biometrics where required, and IRCC's guide says fees are not refunded. Every Background Information question must be answered or the application is treated as incomplete and returned.
  • IMM 1295, Application for a Work Permit Made Outside of Canada: what it asks and common mistakes — IMM 1295 is the form for a work permit applied for outside Canada, completed by each person who needs one. The IRCC fee list shows $155 per person, plus $100 for an open work permit holder and $85 for biometrics where required. A form completed on a computer must be validated to generate a barcode page, and the Background Information section must be fully answered or the application is returned.
  • Spousal Sponsorship in Canada: Inland vs Outland, Eligibility and the Process — A Canadian citizen or permanent resident who is 18 or older and lives in Canada can sponsor a spouse, common-law partner, conjugal partner or dependent child. Spouses and common-law partners can be sponsored in the 'in Canada' class (IRPR s.124) or the family class from outside; the choice depends on residence and status, and the appeal rights differ.
  • Misrepresentation in Canada: The Five-Year Inadmissibility Rule — Under section 40 of the Immigration and Refugee Protection Act, misrepresenting or withholding a material fact that induces or could induce an error makes a person inadmissible for five years, and during that time a foreign national cannot apply for permanent residence. The five years run from the final determination if it was made outside Canada, or from the day a removal order is enforced if it was made in Canada.
  • IMM 5476, Use of a Representative: what the form asks and how it is submitted — IMM 5476 tells IRCC that someone may act for you on an application, paid or unpaid. You complete the applicant sections, your representative signs their own declaration, and a paid representative must give their membership ID from the College, a law society or the Chambre des notaires. The same form is used to cancel or change a representative.