Canada – Statutory Declaration of Common-Law Union (IMM5409)

Notarising the Statutory Declaration of Common-Law Union


Thinking about migrating to Canada? If you’re intending to move to Canada, and you want to include your partner on your immigration application, you and your partner must sign the Statutory Declaration of Common-Law Union (IMM5409) in front of a notary public and have it notarised.

What do you need to do to have IMM5409 notarised?

The Statutory Declaration of Common-Law Union (IMM5409) can be signed in front of a notary public, a commissioner of oaths, or a commissioner of taking oaths. In Australia, this means you and your partner must sign IMM5409 in front of a notary public.

As a leading provider of notary public services in Sydney, we often assist clients with notarising the Statutory Declaration of Common-Law Union for Canada. The process involves the following steps:

  • You and your partner must make an appointment to see our notary public.
  • You and your partner must personally attend the appointment and appear before our notary public (preferably at the same time) with your photo identification document (ie, usually your passports).
  • Our notary public will verify your identity according to your photo identification document and invite you to sign the statutory declaration.
  • You and your partner must sign the statutory declaration in the presence of our notary public, declaring that you have read and understood all the statements in the form and that those statements are true.
  • Our notary public will then complete their section of the form, and then notarise the form by signing it and placing their notary seal on it. Due to the limited space available on the front page of the form, the notary seal usually appears on the reverse side. As far as we’re aware, this hasn’t been an issue for the form when it’s submitted in Canada.

Who is a common-law partner?

A common-law partner is a person who has an unmarried union with another person (ie, commonly referred to as a de-facto partner or domestic partner in Australia). The relationship must continue for at least one year.  For more information.

What other documents are required?

In addition to the Statutory Declaration of Common-Law Union (IMM5409), common-law partners must also provide evidence that their relationship is true and genuine. For example, common-law partners must provide:

  • Statements of bank account owned jointly by both parties
  • Any evidence of sharing household expenses such as bills paid by the partner
  • Proof of jointly purchased household items like furniture, electronics, and appliances
  • And any other possible documents that can be introduced as proof that they have been living together.

You must submit these supporting documents with your application to Immigration, Refugees, and Citizenship Canada (IRCC).

In terms of our notary public services, we don’t require these supporting documents to notarise IMM5409 (only your passport). Also, as far as we’re aware (in terms of what clients have requested to date), you don’t need to have these supporting documents notarised as part of your application – however, you must be guided by IRCC as to their specific requirements as this may change from time to time.

Where can you get more information about migrating to Canada?

Please contact IRCC for more information about migrating to Canada. Our services are limited to providing notary public services (ie, notarising documents including IMM5409) and we do not provide any migration services for Canada specifically.

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Do you have any questions?

Sending documents from Australia to other countries can be complicated. We make it simple.

If your documents must be stamped with an apostille or authenticated and then legalised, we can help with that too. We've also created a flowchart to explain the process.

Not sure what you need? Contact us or visit our Frequently Asked Questions for more information.

So, what's next?

Visit our Notary Fees page for a free quote for our notary public services. Otherwise, call us on +61 2 9687 8885 to speak with our friendly team about your requirements.

Why choose Phang Legal for your notary public services?

We're a leading provider of notary public services in Sydney. We're known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice.

Our office is conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area. We help clients from across Sydney and beyond with personal, professional and timely notary public services.

Ern Phang, Notary Public
Ern Phang
Notary Public

This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.

Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.

All information on this website is for general purposes only and correct at the time of publication. Only rely on information and advice that is specific to your situation and current at the time you wish to rely on it.