IMM 5409 — Statutory Declaration of Common-Law Union
Sworn declaration confirming that the applicant and partner have lived together in a conjugal relationship for at least 12 continuous months — establishing common-law status for immigration purposes.
What this form is for
Sworn declaration confirming that the applicant and partner have lived together in a conjugal relationship for at least 12 continuous months — establishing common-law status for immigration purposes.
Who completes it
Common-law partners (not married) on sponsorship or accompanying-dependant applications
Programs that use IMM 5409
Sections covered in the form
- Both partners' personal details
- Date relationship began
- Period of continuous cohabitation (minimum 12 months)
- Joint property / financial arrangements
- Signatures + commissioner / notary attestation
Common mistakes on IMM 5409
⚠ Most-watched-for errors
The errors below are the ones we most commonly see when reviewing files from prior representatives or self-prepared applications. Each one risks procedural fairness letters, refusals, or misrepresentation findings.
- Cohabitation period less than 12 continuous months — common-law status requires uninterrupted 12 months
- Joint evidence weak (lease only in one name, no joint bank account, no joint bills)
- Inconsistency with timeline declared elsewhere in the application
- Missing commissioner / notary signature
Halani's notes on IMM 5409
Joint evidence is essential. Lease in both names, joint bank/credit card statements, joint utility bills, joint insurance policies, photos with dated context — submit as much as you have.
Where to download IMM 5409
Always download the current version directly from canada.ca — older versions get rejected. The IRCC forms catalogue is at canada.ca/immigration-refugees-citizenship/services/application/application-forms-guides.
Filling IMM 5409? Get it right the first time.
Halani Immigration Services Inc. (RCIC-IRB R711322) prepares every IRCC form as part of a complete application package. Free 15-min review of your form package.
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