Immigration · IRCC form
IMM 5409 Fillable Form: Statutory Declaration of Common-Law Union
Fill in the official IRCC form here, then sign it with a notary public by secure video. You pay only when you book.
You fill in this form yourself, and we commission it by video. We don't give legal advice or draft documents.
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Also known as: IRCC Common-Law Declaration · Statutory Declaration of Common-Law Union · Common-Law Statutory Declaration · IMM5409E · Common-Law Union Form
Contents
CONTENTS
What is IMM 5409?
IMM 5409 is the one-page form Immigration, Refugees and Citizenship Canada uses for a solemn statement by two partners that they live together in a common-law relationship. The top of the page reads "In the matter of an application made pursuant to the Immigration and Refugee Protection Act and Regulations", which tells you it is meant to travel with an immigration application, not with a bank or benefits file.
Because it is a statutory declaration, it has the same force as a statement made under oath. That is why it is not enough to sign it at the kitchen table: both partners sign it in front of a notary public, a commissioner of oaths or a commissioner for taking affidavits, who then completes the bottom of the page.
The form fills one page in five numbered parts. The opening paragraph names both of you, where you live and since when. Sections 1 to 3 are Yes or No questions about what you share. Section 4 lets you list other proof. Section 5 is the declaration itself, with your names, your signatures and the part completed by the official.
Who signs IMM 5409
Both partners. The first name on the form is the declarant and the second is the declarant's partner, but you sign together and declare the same facts. The official who witnesses the signatures signs as well and ticks their title: Notary Public, Commissioner of Oaths or Commissioner of Taking Affidavits.
You do not need to be in the same room. On our video call each partner joins from their own phone or computer with their own photo ID, and both signatures go on the same document.
What to write in each field
| Line on the form | What to write |
|---|---|
| Country, Province/State/Territory (top) | Where you will be when you sign. For most of our clients: Canada, Ontario. |
| We, ... and ... | Both full names exactly as in your passports or travel documents, middle names included. |
| (name of city, town, village) | The municipality where you live now, not a neighbourhood. Woodbridge is in Vaughan; Scarborough is in Toronto. |
| county of ... (if applicable) | Only a real county. Most cities have none, and then the line stays empty. Never a country here. |
| in ... (name of province, state, territory) | Your province or state, for example Ontario. |
| in the country of | The country where you live, for example Canada. |
| ... continuous year(s) | Whole years you have lived together. It must match the two dates below it; our form calculates it for you. |
| from ... to ... (YYYY-MM-DD) | The day you started living together, and usually today's date. |
| Sections 1 to 3 | Exactly one tick per question: Yes or No. |
| Section 4 | Other documents that show you live together. Mostly useful when your answers above are No. |
| Section 5, names | The same two names as at the top. |
| Section 5, everything else | Leave it empty. Signatures are made on the call and the rest belongs to the notary public. |
Common mistakes on IMM 5409
- Writing your own city in the official's part. "Declared before me at", the county, province, country and date at the bottom are where the notary public is, filled in by them.
- A country in the county line. People write "Canada" where the form asks for a county. If your city has no county, the line stays blank.
- Years that do not match the dates. Moved in on 2023-04-15 and signing on 2025-10-26? That is 2 continuous years, not 3. The number has to agree with the dates; our form works it out for you.
- Names that differ from the passports. A missing middle name or a shortened first name is one of the most common reasons a form is sent back.
- Ticks that vanish. The official PDF often loses Yes or No ticks when it is saved in a browser or on a phone. On our version the answers are printed onto the page, so they stay where you put them.
- Signing before the appointment. A form already signed cannot be commissioned. Leave every signature line empty.
IMM 5409 or another common-law form?
Several Canadian forms look alike. The right one depends on who asked for it.
| Form | Used for | Signed before a notary or commissioner |
|---|---|---|
| IMM 5409 | IRCC immigration applications that list a common-law partner | Yes, by both partners |
| CIT 0458 | Canadian citizenship applications | Yes |
| ISP-3004 | Canada Pension Plan and Old Age Security (Service Canada) | Yes |
| IMM 5532 | The relationship questionnaire for spousal and common-law sponsorship | No, you sign it yourselves |
For a bank, an insurer or an employer's benefit plan, a general statutory declaration of common-law union is usually used instead. If you are unsure which form your file needs, the office that asked for it is the one to confirm it.
Signing IMM 5409 with a notary public
When you press Book and Sign, the finished form is attached to your booking, so there is nothing to upload. You choose a time, add the second partner's email and both photo IDs, and pay.
On the call the notary public checks both IDs, asks each of you to confirm that the contents are true, and you each sign on screen. The notary completes the bottom of the page, and the commissioned form arrives by email right after the call, ready to upload to your IRCC application.
Already have it filled in?
Upload your own copy when you book and sign it with us by video.
FAQ
Can I download the filled IMM 5409?
No. The finished form is attached to your booking and signed on the call, and the commissioned PDF is emailed to you right after it. If you would rather fill in the blank form yourself, the official link is on our free forms page.
Do both partners need to be on the video call?
Yes, both of you sign. You can join from different cities or countries, each with your own device and photo ID.
Can I fix a mistake after I book?
Yes. Your confirmation email has a private link to correct the form until 15 minutes before the call. After that, small corrections can be made with the notary public during the call.
Who fills in "Declared before me at"?
The notary public. That part describes where the official is and is completed at the appointment, so it is not on our form at all.
Which version of IMM 5409 is this?
The official IRCC form, version 01-2023, as published on the IRCC website. The version code is printed at the bottom left of the page.
What ID do we need?
A valid government photo ID for each partner, such as a passport or driver's licence. You upload a photo of it when you book and show it on camera.
Do you fill in or check IMM 5409 for us?
No. You and your partner fill in the form yourselves and are responsible for your answers. We do not draft documents or review what you write; we verify your IDs and commission the declaration on the call.
Do you check whether we qualify as common-law?
No. We are not immigration consultants and do not give immigration advice. Our role is to witness and commission your declaration.
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