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) must 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 it 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, 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.

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.

These supporting documents are not required for notarisation, but you will need to submit them with your application to Citizen and Immigration Canada (IRCC).

Do you have any questions regarding this article?

Whether you're notarising a document for the first time or the hundreth time, the requirements, processes, and terms can be confusing and daunting - or just a pain and a hassle (especially if you need an apostille, or to authenticate or legalise as well). Don't worry! We're here to simplify it, explain it, and help you with what you need to achieve it.

Contact us or visit our Frequently Asked Questions for more information about our notary public services. We've also created a flowchart to help explain notarisation, apostille, authentication and legalisation.

So, what's next?

Visit our Notary Fees page for a free quote for our notary public services or just 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 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. With our offices 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

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