IMM 5409: Statutory Declaration of Common-Law Union
IMM 5409, IRCC's Statutory Declaration of Common-Law Union, is how two partners formally declare a common-law relationship. This guide explains who needs it, what counts as common-law, how to complete and sign it, and how it fits into a common-law partner sponsorship.
Key takeaways
IMM 5409 is IRCC's Statutory Declaration of Common-Law Union, a sworn form on which two partners declare they have lived together continuously in a conjugal relationship for at least 12 months. It is the standard way to establish common-law status for common-law partner sponsorship and other applications when you are not legally married. Both partners complete and sign it before a notary public or commissioner of oaths, and it should be backed by evidence of cohabitation such as a shared lease, joint accounts and matching addresses.
- IMM 5409 is the Statutory Declaration of Common-Law Union, a sworn IRCC form.
- Common-law means 12 months of continuous cohabitation in a conjugal relationship.
- Both partners sign before a notary or commissioner of oaths.
- It is the route for common-law partner sponsorship, not a marriage.
- A conjugal partner who cannot cohabit uses a different category.
What is the IMM 5409 statutory declaration of common-law union?
The IMM 5409 statutory declaration of common-law union is a one-page IRCC form on which you and your partner declare, under oath, that you are common-law partners. In Canadian immigration, common-lawmeans you have cohabited continuously in a conjugal relationship for at least 12 months. The form records both partners' details and the period and address of your cohabitation, and it carries legal weight because it is sworn before an authorised official. It is the recognised way to put your common-law relationship on the record when you are not legally married, and it underpins a common-law partner sponsorship.
Who needs to complete IMM 5409?
You complete IMM 5409 when your application relies on a common-law relationship rather than a marriage. The most common situation is sponsorship.
- Sponsoring a common-law partner for permanent residence, to confirm the relationship qualifies as common-law.
- Adding a common-law partner as an accompanying family member on another application.
- Other applications where IRCC asks you to declare a common-law partnership.
Married instead of common-law?
What counts as a common-law relationship?
A common-law relationship means you have lived together continuously for at least 12 months in a conjugal relationship. The declaration on IMM 5409 states this, but IRCC also expects supporting evidence that you genuinely share a life. Short, temporary absences for work, study or family reasons do not normally break the 12 months, as long as the relationship continued and you intended to keep living together.
Build your evidence file with documents such as:
- A shared lease or mortgage, or other proof of the same residence.
- Joint bank accounts, shared bills and financial interdependence.
- Government or official identification showing the same address.
- Proof you present as a couple, for example beneficiary designations or photos over time.
How to fill out and sign IMM 5409
Completing the statutory declaration of common-law union is straightforward, but it must be sworn correctly to be valid.
- 01
Enter both partners' details
Full names, dates of birth, and the address or addresses where you have lived together as a couple.
- 02
State the cohabitation period
The date you began living together, confirming at least 12 continuous months of cohabitation in a conjugal relationship.
- 03
Sign before an authorised official
Both partners sign in front of a notary public or commissioner of oaths, who completes the declaration section confirming the statement was sworn before them.
It must be properly sworn
Common-law, married, or conjugal: which applies?
IRCC recognises three partner relationship types, and only common-law uses IMM 5409. Identifying the right one is the first step in any partner sponsorship.
| Relationship | Definition | Main proof |
|---|---|---|
| Married | Legally married spouse | Marriage certificate |
| Common-law | Cohabited 12+ continuous months in a conjugal relationship | IMM 5409 + proof of cohabitation |
| Conjugal partner | Committed relationship 1+ year, unable to marry or cohabit due to a genuine barrier | Evidence of the relationship and the barrier |
If you could not live together for 12 months because of a real barrier such as immigration rules or marital status, you may fall under the conjugal partner category instead, which does not rely on IMM 5409. Getting this classification right at the outset avoids filing under the wrong stream.
Common mistakes with IMM 5409
- Signing without an authorised notary or commissioner of oaths.
- Claiming common-law without 12 continuous months of cohabitation.
- Filing IMM 5409 when the couple is actually conjugal and cannot cohabit.
- Submitting the declaration with little or no supporting evidence of living together.
- Inconsistent dates or addresses between the form and the proof of cohabitation.
How Wild Mountain Immigration helps
Getting the IMM 5409 statutory declaration of common-law union right is one of the foundations of a clean common-law sponsorship, and one couples often get wrong. Working under a licensed RCIC (CICC #R706497), our team confirms whether you qualify as common-law, married or conjugal, makes sure IMM 5409 is completed and sworn correctly, and helps you build a cohabitation evidence file that holds up.
We then position the declaration within your wider spousal or common-law sponsorship so the whole application is consistent. We represent clients entirely online, and spousal and common-law cases qualify for a free first consultation. Because IRCC forms and guidance change, we always confirm the current version on canada.ca before you file.
Frequently asked questions
What is the IMM 5409 form?
IMM 5409 is IRCC's Statutory Declaration of Common-Law Union, a one-page form on which two partners declare, under oath, that they are in a common-law relationship. In Canadian immigration, common-law means you have lived together continuously in a conjugal relationship for at least 12 months. The form records both partners' details and the period you have cohabited, and it must be signed in front of an authorised official. It is the standard way to establish common-law status for sponsorship and other applications when you are not legally married.
Who needs to fill out a statutory declaration of common-law union?
You need the IMM 5409 statutory declaration of common-law union when you are relying on a common-law relationship rather than a marriage. The most common case is sponsoring a common-law partner for permanent residence, where it confirms the relationship qualifies. It can also support other applications where you need to prove a common-law partnership, such as adding a partner as a dependant. If you are legally married, you generally prove the relationship with a marriage certificate instead, though some applications ask for both forms of evidence.
How do I prove a common-law relationship in Canada?
To prove a common-law relationship, you show that you have lived together continuously in a conjugal relationship for at least 12 months. The IMM 5409 statutory declaration of common-law union is the sworn statement of that fact, but IRCC also wants supporting evidence: a shared lease or mortgage, joint bank accounts and bills, identification showing the same address, and proof you present yourselves as a couple. The declaration sets out the claim, and the documents back it up. The stronger and more consistent the supporting evidence, the smoother the assessment.
Who can witness or commission the IMM 5409 declaration?
Both partners sign the IMM 5409 in front of an official authorised to administer oaths. In Canada that is typically a notary public, a commissioner of oaths, or a commissioner for taking affidavits. Outside Canada, it is usually a notary or another person authorised under local law to take a sworn declaration. The official completes the declaration section confirming you swore the statement before them. A declaration that is not properly sworn and witnessed can be rejected, so confirm the signer is authorised before you sign.
Do I need IMM 5409 if I have a marriage certificate?
If you are legally married, your marriage certificate is the primary proof of the relationship and you usually do not need the IMM 5409 statutory declaration of common-law union, which is specifically for common-law partners. The two documents cover different relationship types. That said, the exact forms in any application depend on your situation and the current IRCC checklist, so confirm what your particular sponsorship requires rather than assuming. We map the correct forms to each couple's circumstances before they file.
What is the difference between common-law and conjugal partner?
A common-law partner is someone you have lived with continuously for at least 12 months, and that relationship is declared on the IMM 5409 statutory declaration of common-law union. A conjugal partner is different: it is for couples in a committed, marriage-like relationship for at least one year who could not live together or marry because of a genuine barrier, such as immigration, marital status or legal restrictions. Because conjugal partners by definition have not cohabited for 12 months, the conjugal category, not IMM 5409, is the route for those couples.
Does a short time apart break the 12 months of cohabitation?
Common-law status requires 12 months of continuous cohabitation, but short, temporary absences for reasons such as work travel, family obligations or business do not usually break the period, as long as the relationship continued and you intended to keep living together. A long separation, or living apart for an extended time, can interrupt it. Because IRCC looks at the whole picture, document the period carefully and explain any gaps. We help couples present the cohabitation history clearly so a brief absence is not misread as a break.
Sponsoring a common-law partner?
Have a licensed RCIC confirm your common-law status and check your IMM 5409 before you file. Free for spousal and common-law cases.