Statutory Declarations for Immigration: A Guide

Immigrating to Canada involves a series of legal processes that require formal documentation. One of the most important legal tools used in this process is a statutory declaration. It is a written statement of facts that the declarant swears to be true, signed in the presence of an authorized official such as a commissioner of oaths, notary public, or lawyer.

In the context of Canadian immigration, statutory declarations help applicants provide verified information when official documents are unavailable or insufficient. These declarations carry legal weight and are often used in support of permanent residency, sponsorship, citizenship, or refugee claims.

Why Immigration Authorities Request Statutory Declarations

Immigration, Refugees and Citizenship Canada (IRCC) may ask for statutory declarations in the following situations:

When Documents Are Missing or Unavailable

If an applicant cannot submit an original document such as a birth certificate, marriage certificate, or school record, a statutory declaration may be accepted as supporting evidence.

For Relationship Proof in Sponsorship Applications

When sponsoring a spouse or common-law partner, individuals may need to submit statutory declarations from family or friends affirming the authenticity of the relationship.

Confirming Personal History or Residency Details

Applicants for permanent residence or citizenship may need to confirm periods of residence, work experience, or travel history through statutory declarations if other records are missing or incomplete.

Who Can Make a Statutory Declaration in Canada?

A statutory declaration can be made by any individual who needs to affirm a fact under Canadian law. However, to be legally valid, it must be signed in the presence of a person authorized to administer oaths or declarations.

Authorized Officials Include:

• Notaries public

• Commissioners of oaths

• Lawyers and paralegals

• Judges or court clerks

• Consular officials (for declarations outside Canada)

If you’re making a declaration outside of Canada, it should be sworn before a Canadian consulate, embassy, or equivalent authority that is legally recognized by the Canadian government.

How to Write an Effective Statutory Declaration for Immigration

Writing a statutory declaration isn’t simply about stating facts. The language must be formal, the information must be complete, and the tone must be sincere and truthful. Here’s how to structure it effectively:

Heading and Introductory Statement

Start with a clear title, such as:
Statutory Declaration of [Your Full Name]

Then, open with the formal declaration clause:
“I, [Full Legal Name], of [Full Address], solemnly declare that the following is true to the best of my knowledge and belief.”

Body Paragraphs

Present the facts clearly and in chronological or logical order. For example:

• Description of your relationship if declaring for sponsorship

• Details about your residence history if requested by IRCC

• Information about a lost document and the efforts made to retrieve it

Avoid vague language, and only include factual statements you can support if needed.

Final Statement and Signature

Close with the standard affirmation:
“I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.”

Then, sign in front of the authorized official, who will also sign and affix their stamp or seal.

Supporting Documents That May Be Attached

While statutory declarations help affirm facts, they often work best when supported with additional documents. You may be required to attach:

• Copies of government correspondence

• Photos, letters, or messages (for relationship proof)

• Police reports (in case of lost documents)

• Travel tickets or visas (for confirming residency history)

The stronger your supporting evidence, the more credibility your statutory declaration will hold in your immigration file.

Language and Translation Requirements

If your statutory declaration is written in a language other than English or French, you must provide a certified translation. The translation must include:

• A certified translator’s declaration

• A copy of the original document

• A seal or signature verifying the translator’s credentials

Submitting improperly translated declarations may delay or even harm your immigration process.

Common Mistakes to Avoid in Immigration Declarations

Using Informal Language

Avoid slang, emotional expressions, or ambiguous terms. A statutory declaration is a legal document and should be treated as such.

Not Signing Before an Authorized Official

Many declarations get rejected because they are not properly witnessed. Always sign your declaration in the presence of an authorized individual.

Incomplete or Contradictory Information

Ensure your declaration aligns with other documents in your file. Discrepancies can raise red flags with immigration officers and delay the application process.

Where to Get Statutory Declarations Notarized in Canada

Depending on your location, you can have your declaration notarized or commissioned at:

• Law offices

• Notary public service centers

• Courthouses

• Municipal offices

• Canada Post outlets with notary services

In some provinces, you may also use online notary services legally recognized by the local jurisdiction. These are especially useful for applicants in remote areas or outside Canada.

How Immigration Officers Evaluate Statutory Declarations

IRCC does not accept statutory declarations blindly. Officers assess them based on:

• Clarity and consistency with the rest of the application

• Legitimacy of the authorized person who signed it

• Relevance and necessity of the information

• Presence of corroborating documents or evidence

A well-written, well-supported declaration can strengthen an application. Conversely, a poorly drafted one can create doubt or confusion.

Alternatives When a Statutory Declaration Is Not Enough

While statutory declarations are useful, they may not be accepted as sole proof in some cases. You might also be asked to provide:

• Sworn affidavits

• Legal undertakings

• Third-party declarations

• Official records or letters from authorities

Always follow up with your immigration lawyer or IRCC if you’re unsure whether a statutory declaration will suffice for a specific requirement.

Final Thoughts on Using Statutory Declarations in Immigration

Statutory declarations are powerful tools in the Canadian immigration system. Whether you’re filling a gap in your documentation, proving a relationship, or explaining your personal history, these sworn statements can play a vital role in advancing your application.

But their effectiveness depends on how well they are drafted and supported. Pay attention to legal wording, get the declaration signed by the proper authority, and attach relevant evidence wherever possible. When used properly, statutory declarations can help you navigate complex immigration procedures with greater confidence.