OpenVisaIMM 5409: do we need it, who signs it, and what if we made a mistake?
Not on the spousal checklists. Signed in the room if you're asked for it.
IRCC's current spousal checklists (IMM 5533 and IMM 5589) and Guide 5289 don't ask for IMM 5409; it is used in other programs, and an officer or a country-specific instruction can still ask for it. If you're asked, this is how it is signed.
1. Do we need IMM 5409 for a spousal sponsorship?
Not by default. The spouse checklist (IMM 5533) and the common-law checklist (IMM 5589) list the forms the application needs, and IMM 5409 isn't one of them; Guide 5289 doesn't list it either. Common-law couples prove the relationship with the cohabitation documents in item 7a of IMM 5589 (the six sets). IMM 5409 is used in other programs, and an officer or a country-specific instruction can still ask for it.
2. What is on the form?
The current version (2023-01) is one page: at the top, the two of you (declarant and partner), the address you share, when you started living together and for how long; a few yes/no statements about the relationship; then the signature block with three signatures: the declarant, the partner, and the notary public, commissioner of oaths or commissioner for taking affidavits, with the place and date.
3. Who signs, and where?
Both partners sign, in front of the commissioner of oaths or notary, who then signs and dates it. Signing at home and bringing it in defeats the purpose: the commissioner is there to witness the signatures. In Canada, notaries, many lawyers and some provincial service counters act as commissioners; abroad, a notary or a Canadian consulate.
4. What if we made a mistake after it was signed?
A sworn declaration can't be edited after the fact; a correction on the page invalidates the oath. The fix is a new form, signed again in front of a commissioner of oaths or notary. Commissioners set their own fees. Mistakes that lead to a new form: the declarant at the top and the declarant in the signature block being different people, the start date being the day you started dating rather than the day you moved in together, and a middle name on one form but not the others.
5. Does it prove cohabitation?
No. It states the relationship under oath; for common-law couples who live together, the checklist asks for documents.
Yes: You must provide the following documentation as proof of current cohabitation. Pick at least two of the following sets of documents.
6. On the form
If you're asked for IMM 5409, the start-of-cohabitation date on it has to agree with the date on the relationship form (IMM 5532) and be supported by your documents. IMM 5409 isn't one of the forms OpenVisa fills, so copy the date from your IMM 5532 answers.
OpenVisa is software, not a lawyer or RCIC. This page explains what the rules and forms say; it is not advice about your case. You submit your application yourself.