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Statutory Declaration of Common-Law Union Template
A Statutory Declaration of Common-Law Union is a joint solemn declaration sworn by two partners confirming that they have lived together in a conjugal relationship for at least twelve consecutive months. Immigration, Refugees and Citizenship Canada (IRCC) requests this declaration on Form IMM 5409 whenever an applicant relies on common-law status — most often in spousal sponsorship, study permit, work permit and permanent residence applications. Our free Canadian template mirrors the structure of IMM 5409, follows the Canada Evidence Act and the commissioner-for-oaths legislation in force in Ontario, British Columbia, Alberta and the other common-law provinces, and is ready for commissioning by a Commissioner for Taking Affidavits, a Notary Public, or a lawyer or paralegal acting in the capacity of commissioner by virtue of office.
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STATUTORY DECLARATION OF COMMON-LAW UNION
Province Of Ontario, Canada · Companion To IRCC Form IMM 5409
Declarants: Daniel James Whitfield and Priya Anjali Ramanathan
Sworn: 2026-05-31 · Toronto · Ontario
DECLARANT 1 (PARTNER 1)
| FULL LEGAL NAME | Daniel James Whitfield |
| ADDRESS | 218 Roxborough Avenue, Toronto, ON M4V 1X8 |
| DATE OF BIRTH | 1989-06-14 |
| PLACE OF BIRTH | Vancouver, Canada |
| CITIZENSHIP | Canadian |
| OCCUPATION | Software Developer |
DECLARANT 2 (PARTNER 2)
| FULL LEGAL NAME | Priya Anjali Ramanathan |
| ADDRESS | 218 Roxborough Avenue, Toronto, ON M4V 1X8 |
| DATE OF BIRTH | 1991-11-02 |
| PLACE OF BIRTH | Chennai, India |
| CITIZENSHIP | Indian |
| OCCUPATION | Registered Nurse |
WE, Daniel James Whitfield, of 218 Roxborough Avenue, Toronto, ON M4V 1X8, and Priya Anjali Ramanathan, of 218 Roxborough Avenue, Toronto, ON M4V 1X8, in the Province of Ontario, do jointly and severally SOLEMNLY DECLARE the following facts to be true to the best of our knowledge and belief, knowing this Solemn Declaration to be of the same force and effect as if made under oath by virtue of the Canada Evidence Act, R.S.C. 1985, c. C-5, and the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17:
1.
CONJUGAL RELATIONSHIP AND CONTINUOUS COHABITATION
We have been living together in a conjugal relationship continuously and without interruption since 2024-02-15. As at the date of this Declaration we have cohabited as common-law partners for a continuous period of at least twelve (12) months, thereby satisfying the definition of "common-law partner" in section 1(1) of the Immigration and Refugee Protection Regulations, SOR/2002-227. Our current shared residence is 218 Roxborough Avenue, Toronto, ON M4V 1X8, and we intend to continue residing together permanently as a couple.
2.
JOINT PERSONAL AFFAIRS
Our relationship is conjugal and exclusive. We have joined our personal affairs in the manner of spouses: we share a household; we are mutually committed to each other to the exclusion of all other conjugal relationships; we are recognised by our family, friends and community as a couple; and we share the financial, social and emotional responsibilities of a shared life. We are not merely co-tenants, roommates or persons in a casual relationship.
3.
PRIOR MARRIAGES AND LEGAL CAPACITY
Declarant 1 has not previously been legally married. Declarant 2 has not previously been legally married. Neither of us is currently married to any other person, and we are each free in law to form and continue this common-law union.
4.
CHILDREN OF THE RELATIONSHIP
There are no child(ren) of our common-law union as at the date of this Declaration.
5.
COHABITATION GAP — DISCLOSURE AND RECONCILIATION
In compliance with the disclosure obligation owed to Immigration, Refugees and Citizenship Canada, we expressly disclose that during the period of our common-law union we have had one or more periods during which we did not share a single residence. The gap or gaps in our day-to-day cohabitation arose from caring for a family member, which we consider a temporary circumstance not affecting the underlying conjugal nature of our relationship. Throughout each such period we remained mutually committed, maintained regular communication, continued to hold ourselves out as a couple, and intended to resume cohabitation as soon as reasonably possible. We rely on the principle that temporary absences do not break the continuity of cohabitation where the relationship subsists.
Particulars of the gap or gaps:
From 12 August 2025 to 26 October 2025, Declarant 2 travelled to Chennai, India to care for her mother following a hospitalisation. Throughout this period the parties maintained daily communication, Declarant 1 visited Chennai for two weeks in September 2025, and Declarant 2 returned to the shared residence at 218 Roxborough Avenue on 26 October 2025.
Evidence of continued conjugal commitment during the gap (attached as exhibits to this Declaration):
Exhibit C: round-trip Air Canada itinerary and boarding passes for Declarant 1 (12-26 September 2025). Exhibit D: shared WhatsApp chat extract for the period of separation. Exhibit E: hospital admission record for Declarant 2's mother.
Particulars of the gap or gaps:
From 12 August 2025 to 26 October 2025, Declarant 2 travelled to Chennai, India to care for her mother following a hospitalisation. Throughout this period the parties maintained daily communication, Declarant 1 visited Chennai for two weeks in September 2025, and Declarant 2 returned to the shared residence at 218 Roxborough Avenue on 26 October 2025.
Evidence of continued conjugal commitment during the gap (attached as exhibits to this Declaration):
Exhibit C: round-trip Air Canada itinerary and boarding passes for Declarant 1 (12-26 September 2025). Exhibit D: shared WhatsApp chat extract for the period of separation. Exhibit E: hospital admission record for Declarant 2's mother.
6.
SUPPORTING DOCUMENTS SCHEDULE
In support of this Declaration we provide, or undertake to provide upon request by an officer of Immigration, Refugees and Citizenship Canada, the following corroborating documents:
Residential: Joint residential lease dated 1 February 2024; Toronto Hydro account in joint names from 1 March 2024; landlord letter confirming continuous joint occupancy 15 February 2024 to present.
Financial: Joint TD Canada Trust chequing account opened 28 February 2024; joint Manulife Term-20 life insurance policy with each named as primary beneficiary; joint Visa credit card (each as authorised user) since 5 May 2024.
Family and legal: CRA tax filing for the 2024 and 2025 taxation years declaring marital status as "common-law"; named beneficiary designations on each declarant's workplace pension and group life insurance; Last Wills and Testaments naming the other as residuary beneficiary.
Public recognition: Wedding-style commitment ceremony invitations circulated April 2025; joint social-media presence on Instagram (@dan.priya.toronto); statutory declarations from Declarants' employers acknowledging the common-law relationship.
We have filed our personal income tax returns with the Canada Revenue Agency declaring our marital status as common-law for the relevant taxation year(s), consistent with the relationship described in this Declaration.
Exhibits attached:
Exhibit A — Joint residential lease (2024-02-01).
Exhibit B — Joint TD chequing account opening documents (2024-02-28).
Exhibit C — Travel itinerary (Declarant 1, September 2025).
Exhibit D — WhatsApp communication extract (Aug-Oct 2025).
Exhibit E — Hospital admission record.
Exhibit F — CRA Notices of Assessment 2024 and 2025 (common-law status).
Exhibit G — Witness Affidavit of Margaret R. Henderson.
Residential: Joint residential lease dated 1 February 2024; Toronto Hydro account in joint names from 1 March 2024; landlord letter confirming continuous joint occupancy 15 February 2024 to present.
Financial: Joint TD Canada Trust chequing account opened 28 February 2024; joint Manulife Term-20 life insurance policy with each named as primary beneficiary; joint Visa credit card (each as authorised user) since 5 May 2024.
Family and legal: CRA tax filing for the 2024 and 2025 taxation years declaring marital status as "common-law"; named beneficiary designations on each declarant's workplace pension and group life insurance; Last Wills and Testaments naming the other as residuary beneficiary.
Public recognition: Wedding-style commitment ceremony invitations circulated April 2025; joint social-media presence on Instagram (@dan.priya.toronto); statutory declarations from Declarants' employers acknowledging the common-law relationship.
We have filed our personal income tax returns with the Canada Revenue Agency declaring our marital status as common-law for the relevant taxation year(s), consistent with the relationship described in this Declaration.
Exhibits attached:
Exhibit A — Joint residential lease (2024-02-01).
Exhibit B — Joint TD chequing account opening documents (2024-02-28).
Exhibit C — Travel itinerary (Declarant 1, September 2025).
Exhibit D — WhatsApp communication extract (Aug-Oct 2025).
Exhibit E — Hospital admission record.
Exhibit F — CRA Notices of Assessment 2024 and 2025 (common-law status).
Exhibit G — Witness Affidavit of Margaret R. Henderson.
7.
THIRD-PARTY WITNESS AFFIDAVIT
In further support of this Declaration the following independent third party, having personal knowledge of our cohabitation and conjugal relationship, joins this Declaration and provides corroborating sworn evidence: Margaret Rose Henderson of 14 Castle Frank Crescent, Toronto, ON M4W 2R8, who has known us as a couple in the capacity of long-time family friend for eleven (11) years. The witness is not related to either Declarant by blood, marriage or financial interest, and provides this affidavit freely and without inducement. The witness will sign this Declaration in the same presence of the commissioner administering the oath or solemn declaration set out below.
The witness solemnly declares as follows:
I have known both Declarants for over eleven years. I have attended their shared residence at 218 Roxborough Avenue on numerous social occasions since March 2024 and have observed them living together as a committed couple. They share household responsibilities, finances and a clear mutual commitment, and they are known among our circle of friends and family as a couple.
The witness solemnly declares as follows:
I have known both Declarants for over eleven years. I have attended their shared residence at 218 Roxborough Avenue on numerous social occasions since March 2024 and have observed them living together as a committed couple. They share household responsibilities, finances and a clear mutual commitment, and they are known among our circle of friends and family as a couple.
8.
COMMISSIONING AND STATUTORY AUTHORITY
This Declaration is sworn or solemnly declared before Sarah K. Henderson, a Barrister and Solicitor in and for the Province of Ontario, duly authorised to administer oaths and take affidavits under the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 and the Canada Evidence Act, R.S.C. 1985, c. C-5, section 41 (solemn declarations). The administering officer has verified our identities by photographic government-issued identification at the time of signing.
9.
PERJURY WARNING — CRIMINAL CODE OF CANADA
We make this Declaration knowing that wilfully making a false statement under oath or solemn declaration, with intent to mislead, constitutes perjury contrary to section 131 of the Criminal Code, R.S.C. 1985, c. C-46, and is punishable as an indictable offence under section 132 by imprisonment for a term not exceeding fourteen (14) years. We further acknowledge that a false declaration may result in a finding of misrepresentation under section 40 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, leading to a five-year bar from the right to apply for permanent residence in Canada and possible removal proceedings.
10.
AUDIO-VISUAL (VIRTUAL) COMMISSIONING ACKNOWLEDGMENT
This Declaration has been commissioned remotely by audio-visual technology using the secure video-conferencing platform NotaryPro Online (Zoom for Healthcare). The administering Barrister and Solicitor was at all material times physically present in the Province of Ontario and authorised by the relevant provincial commissioner-for-oaths or notarial regulator to use audio-visual technology to commission affidavits and solemn declarations. The commissioner verified our identities by examining government-issued photographic identification held up to the camera, observed each of us sign the Declaration in real time, and stamped or signed an identical electronic counterpart that, together with this counterpart, constitutes one and the same Declaration. The commissioner has caused a complete audio-visual recording of the commissioning session to be made and retained for the period prescribed by the applicable provincial law society or notarial regulator, available to Immigration, Refugees and Citizenship Canada upon written request.
11.
EXPRESS ACKNOWLEDGMENT OF PERJURY AND MISREPRESENTATION RISK
We each expressly acknowledge that we have read and understood the perjury warning set out above; that we have had the opportunity to seek independent legal advice on the contents of this Declaration; and that we sign in the full understanding that any deliberate falsehood may attract criminal liability under section 131 of the Criminal Code (up to 14 years' imprisonment) and adverse immigration consequences under section 40 of the Immigration and Refugee Protection Act (misrepresentation; 5-year bar on permanent residence applications, possible removal).
JURAT
SWORN (or solemnly declared) jointly before me by Daniel James Whitfield and Priya Anjali Ramanathan at the City of Toronto, in the Province of Ontario, on 2026-05-31. I have satisfied myself as to the identity of each Declarant.
SWORN (or solemnly declared) jointly before me by Daniel James Whitfield and Priya Anjali Ramanathan at the City of Toronto, in the Province of Ontario, on 2026-05-31. I have satisfied myself as to the identity of each Declarant.
DECLARANT 1
Daniel James Whitfield
Date: ____________________
DECLARANT 2
Priya Anjali Ramanathan
Date: ____________________
WITNESS
Margaret Rose Henderson
Long-time family friend
Date: ____________________
BARRISTER AND SOLICITOR
Sarah K. Henderson
Commission No. LSO 56789C
Date: ____________________
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What Is a Statutory Declaration of Common-Law Union?
A Statutory Declaration of Common-Law Union is a written statement of fact jointly sworn or solemnly declared by two common-law partners before a commissioner authorised to administer oaths and take affidavits. The declaration confirms that the partners have lived together in a conjugal relationship for a continuous period of at least twelve months — the federal threshold for "common-law partner" set out in section 1(1) of the Immigration and Refugee Protection Regulations, SOR/2002-227. Once commissioned, the document has the same legal force and effect as a statement made under oath, by virtue of section 41 of the Canada Evidence Act, R.S.C. 1985, c. C-5.
Immigration, Refugees and Citizenship Canada publishes the official form as IMM 5409 (revised 1 January 2023) and routinely requests it whenever a person's immigration status depends on a common-law relationship. This includes spousal sponsorship in-Canada (SCLPC), spousal sponsorship from outside Canada, dependent inclusion on study or work permit applications, the family-class component of Express Entry, the Spouse Open Work Permit (SOWP), and refugee or humanitarian and compassionate applications. Several other federal and provincial agencies — including the Canada Revenue Agency, employee benefit plan administrators and provincial vital statistics offices — accept the same declaration as proof of common-law status.
Because the declaration is sworn evidence, a deliberately false statement constitutes the criminal offence of perjury under section 131 of the Criminal Code, R.S.C. 1985, c. C-46, punishable by up to fourteen years' imprisonment under section 132. A false declaration also constitutes misrepresentation under section 40 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, leading to a five-year bar on permanent residence applications and possible removal from Canada. A properly drafted declaration sets out only facts within the partners' personal knowledge and is supported by a coherent package of corroborating evidence.
What's Covered in This Template
Our Statutory Declaration of Common-Law Union template mirrors the official IRCC Form IMM 5409 structure and adds the supporting layers Canadian immigration officers explicitly weigh.
Identity of Both Partners
Full legal names exactly as shown on passport, addresses, dates and places of birth, citizenship and occupation for each declarant.
Conjugal Relationship Confirmation
Express declaration of a conjugal — not casual or roommate — relationship under the federal common-law definition.
12-Month Continuous Cohabitation
Stated start date of cohabitation, current shared address and confirmation that the twelve-month qualifying period is continuous.
Joint Personal Affairs Declaration
Express statement that the partners have joined household, financial and social affairs in the manner of spouses, with mutual exclusivity.
Prior Marriage Disclosures
Disclosure of any prior marriages, confirmation that any prior marriage has been legally dissolved, and confirmation that neither partner is presently married to anyone else.
Children of the Relationship
Optional disclosure of any children of the common-law union and joint parental responsibility.
Commissioning Block
City, province, date, identity and signature of the Commissioner for Taking Affidavits, Notary Public, lawyer or paralegal administering the declaration.
Perjury Warning
Express acknowledgment of Criminal Code section 131 (perjury — 14 years' imprisonment) and Immigration and Refugee Protection Act section 40 (misrepresentation — 5-year permanent residence bar).
Provincial Statute References
Province-aware citation of the Commissioners for Taking Affidavits Act (Ontario), Evidence Act (British Columbia ss. 56-69) or Commissioners for Oaths Act (Alberta) under which the declaration is sworn.
Joint Signature Block
Two declarant signature lines plus the commissioner's jurat signature, structured for in-person or virtual audio-visual commissioning.
How to Create Your Statutory Declaration of Common-Law Union
Follow these steps to prepare a declaration that satisfies IRCC and your administering commissioner on the first attempt.
- 1
Confirm the Common-Law Threshold
Verify that you and your partner have shared a single residence in a conjugal relationship for at least twelve continuous months — short visits or trial cohabitation do not start the clock.
- 2
Enter Names Exactly as on Passport
Use the full legal name shown on your passport, including all middle names. IRCC cross-references the declaration against every other form in your file, and a mismatch triggers a verification delay of 3-6 months.
- 3
Document the Cohabitation Start Date
Identify the precise date you began living together as a couple. If you cannot point to a single move-in date, IRCC commonly uses the date you first updated your address records (lease, driver's licence, voter registration) to a shared address.
- 4
Build the Supporting-Evidence Package
Assemble residential evidence (joint lease, joint utility bills, landlord letter), financial evidence (joint bank account, joint life insurance, joint credit card), family evidence (CRA common-law tax filing — the single strongest item, Will, pension beneficiary) and public-recognition evidence (joint social-media presence, friends' and family's statements).
- 5
Disclose Any Cohabitation Gaps
If you have lived apart for more than a brief period — for work, family care, study or any other reason — disclose the gap, state the reason and provide contemporaneous evidence of continued conjugal commitment. Undisclosed gaps later discovered are treated as misrepresentation.
- 6
Commission the Declaration Together
Both partners must appear before the same commissioner — physically or by audio-visual technology where authorised — and sign in the commissioner's presence. The commissioner completes the jurat, signs, and stamps each numbered exhibit.
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Legal Considerations
Several federal and provincial statutes govern who may sign, who may commission, and what evidentiary weight a Statutory Declaration of Common-Law Union carries in Canada.
This template is provided for informational purposes only and does not constitute legal advice. Immigration applications carry significant personal and financial consequences; consult a Canadian immigration lawyer or licensed immigration consultant if your case involves cohabitation gaps, prior marriages, refugee or humanitarian claims, or any factual complexity beyond a standard 12-month continuous cohabitation.
Reviewed for Canadian federal and common-law-province requirements
The Federal Common-Law Definition
Section 1(1) of the Immigration and Refugee Protection Regulations, SOR/2002-227 defines "common-law partner" as an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. The cohabitation must be conjugal — meaning a relationship characterised by emotional and sexual intimacy, joint household, joint finances and mutual public commitment, drawing on the Supreme Court of Canada test in M. v. H., [1999] 2 S.C.R. 3. Roommates, casual partners or persons in non-conjugal relationships do not qualify.
Canada Evidence Act and Provincial Evidence Acts
Section 41 of the Canada Evidence Act, R.S.C. 1985, c. C-5 provides that any judge, notary public, justice of the peace, provincial court judge, recorder, mayor, commissioner authorised to take affidavits, or any officer of any of the courts of justice may receive the solemn declaration of any person in attestation of the execution of any writing. The provincial Evidence Acts — for example the Evidence Act, R.S.O. 1990, c. E.23 in Ontario, the Evidence Act, R.S.B.C. 1996, c. 124 in British Columbia and the Alberta Evidence Act, R.S.A. 2000, c. A-18 — supplement this regime and confirm that a solemn affirmation has the same effect as an oath.
Who May Commission the Declaration
In Ontario, lawyers and paralegals licensed by the Law Society of Ontario are Commissioners for Taking Affidavits by virtue of office under the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17; notaries public are appointed under the Notaries Act, R.S.O. 1990, c. N.6. In British Columbia, lawyers and notaries public are Commissioners for Taking Affidavits by office under sections 56 to 69 of the Evidence Act, R.S.B.C. 1996, c. 124. In Alberta, Commissioners for Oaths are appointed under the Commissioners for Oaths Act, R.S.A. 2000, c. C-20 and the Notaries and Commissioners Act, S.A. 2013, c. N-5.5; lawyers and many registry-agent staff hold the commission by office or appointment. Equivalent legislation governs the other common-law provinces.
Virtual / Audio-Visual Commissioning
Since 2020, each common-law province has permitted Commissioners for Taking Affidavits and Notaries Public to administer oaths and solemn declarations by audio-visual technology where the commissioner remains physically in the province in which they hold the commission, verifies identity by examining government-issued photographic identification held to the camera, and observes the live signing of an identical electronic counterpart. The Law Society of Ontario, the Society of Notaries Public of British Columbia and Service Alberta all publish detailed remote-commissioning guidance. IRCC accepts declarations commissioned by audio-visual technology in practice.
Perjury and Misrepresentation
A deliberately false statement under oath or solemn declaration is the offence of perjury under section 131 of the Criminal Code, R.S.C. 1985, c. C-46, punishable by up to fourteen years' imprisonment under section 132. A false statement made to obtain an immigration benefit is also misrepresentation under section 40 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 — leading to a finding of inadmissibility, a five-year bar on the right to apply for permanent residence in Canada, and possible removal proceedings.
Quebec — Excluded From This Template
Quebec is governed by the civil-law regime under the Civil Code of Québec, C.Q.L.R. c. CCQ-1991, and uses a separate "spouses in a civil union" or "de facto spouses" framework. A separate Quebec-specific template will follow in a future sprint. Until then, common-law couples resident in Quebec who must file IMM 5409 should retain a Quebec notary (notaire) for the declaration.
Frequently Asked Questions
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Build an IRCC-ready Statutory Declaration of Common-Law Union in minutes. The Free version mirrors official Form IMM 5409. Upgrade to Expert to add the cohabitation-gap analysis, four-category supporting-document schedule, third-party witness affidavit and virtual-commissioning acknowledgment that materially strengthen a borderline file. Download a PDF and bring it to your Commissioner for Taking Affidavits, Notary Public, lawyer or paralegal for signing.
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