Confusion often arises over the Statutory Declaration of Common-Law Union (IMM 5409) form for a PR application when the couple is already legally married.
What members clarified:- A government-issued marriage certificate establishes a legal union, not a common-law one. If you have a valid marriage certificate, you are married in the eyes of immigration law — the IMM 5409 form is not meant for your situation.
- Common-law union specifically means an unmarried couple living together as partners. It's a distinct relationship category from marriage, used when there's no marriage certificate.
- To prove a common-law relationship (if that were your situation), you'd need documents showing you and your partner have lived together for at least one year — the declaration and cohabitation evidence are for that specific case, not for married couples.
Takeaway: if you have a valid marriage certificate, you generally don't need to complete the Statutory Declaration of Common-Law Union — that form applies to unmarried, cohabiting partners.