The process of immigrating to Canada can be complex, especially when it involves proving the authenticity of a marital relationship. One essential document that plays a crucial role in this process is the Statutory Declaration of Marriage. 

Definition and Purpose

A Statutory Declaration of Marriage is a type of legal document involving a sworn statement made by one or both parties involved, declaring that they are legally married to each other. It serves as evidence of the marital relationship for various legal purposes such as immigration applications, property rights, and inheritance claims. One of the most common uses is in immigration cases where one spouse seeks to sponsor their partner for immigration to Canada.

Legal Requirements and Validity

To be considered valid, a Statutory Declaration of Marriage must be made voluntarily, without coercion or duress. It typically includes details such as the names of the spouses, the date and location of the marriage, and the signatures of witnesses.

 Why is it Needed for Immigration?

1. Proof of Genuine Relationship: Immigration authorities require evidence to verify the authenticity of a spousal relationship when processing sponsorship applications. A Statutory Declaration of Marriage provides official documentation of the marital status, strengthening the case for genuine relationship.
2. Supporting Documentation for Spousal Sponsorship Applications: In addition to the declaration itself, applicants for spousal sponsorship must submit various supporting documents to demonstrate the legitimacy of their relationship, including:
   • Proof of cohabitation, such as utility bills or lease agreements, to show that the couple resides together.
   • Joint financial assets, such as bank account statements or property ownership documents, to demonstrate shared financial responsibilities.
   • Communication records, such as emails or text messages, to illustrate ongoing contact and communication between spouses.

 Legal Basis and Requirements

1. Relevant Canadian Immigration Laws and Regulations: The Statutory Declaration of Marriage requirement is established under Canadian immigration laws and regulations governing spousal sponsorship applications. These laws outline the specific criteria that must be met for the declaration to be accepted as valid. 
2. Specific Criteria for Submitting a Statutory Declaration of Marriage: Immigration authorities have set forth guidelines regarding the content and format of Statutory Declarations of Marriage. Adhering to these criteria ensures that the declaration meets the legal requirements for immigration purposes.

Consequences of Falsifying Information

Providing false or misleading information in a Statutory Declaration of Marriage or other immigration-related documents can have serious consequences, including:

• Rejection of the sponsorship application
• Ineligibility for future immigration benefits
• Legal penalties, such as fines or imprisonment

Alternative Methods of Proving Marital Relationship

In addition to the Statutory Declaration of Marriage, couples can provide alternative forms of evidence to establish the authenticity of their relationship, including:

• Photos of the couple together at various events or milestones
• Affidavits from family members or friends confirming the relationship
• Joint commitments, such as shared travel itineraries or participation in joint activities

 How to Obtain a Statutory Declaration of Marriage

1. Process and Procedures: Obtaining a Statutory Declaration of Marriage typically involves visiting a legal professional, such as a notary public or commissioner of oaths, who is authorized to administer oaths and affirmations. The individual or couple making the declaration will be required to provide necessary information, verify their identity, confirm their willingness to sign, swear that the contents of the document are true, and sign the document in the presence of the authorized witness.
2. Authorized Individuals Who Can Witness the Declaration: In Canada, certain individuals, such as notaries public, lawyers, and commissioners of oaths, are authorized to witness and certify Statutory Declarations of Marriage. It is essential to ensure that the chosen witness has the legal authority to perform this function. Without this, you risk your declaration not being accepted and any related applications being delayed or even denied.  

How to Get a Statutory Declaration of Marriage Notarized

Along with other declarations and affidavits, the Statutory Declaration of Marriage can be notarized online or in person. At Notable Notary, we can assist in the smooth execution of this document in the way that is most convenient for you! Most people usually opt for notarizing this document online. This works by conveniently connecting with one of our notaries via video conferencing call through any mobile device such as a cell phone. Once on the call, the declaration can be signed electronically which takes less than seven minutes and can be done from anywhere. 

In terms of in-person services, Notable Notary offers mobile notary services, meaning one of our notaries can come to you! Our main servicing area is Durham Region, Ontario, encompassing Ajax, Pickering, Whitby, Oshawa, and surrounding areas.

For inquiries on the Statutory Declaration of Marriage or to schedule an appointment, please contact us via email at info@notablenotary.ca or by phone at (289) 312-6678. Appointments can also be conveniently booked online at notablenotary.ca/book-now