Common-law application: Details on relationship between PA and step-children?

[compiler1234]

Hello,

My common-law partner and I are finalizing our (inland) PR application and were wondering if we need to provide details about my relationship to her teenage sons?

She is the sponsor (Canadian citizen) and her children (under 18) live with us 50 percent of the time. We also have a somewhat significant age difference with her being older (20 years). We've been together for a long time, so we're not concerned about proving the genuineness of our relationship, but we're aware that our application may be subject to more scrutiny.

Do we need to provide details of my relationship to her children other than indicating them on the family form? We've always been very clear on me not taking the role of a step-father for them and the relationship to her children is not very strong. Do we fare better excluding details on my relationship to them or including it upfront in a letter of explanation? Is this something IRCC is concerned about?

Thanks in advance!

 

[Ponga]

Not really an issue, since they are children of your sponsor. You do not include them on your paperwork, but she may have to list them ( I don't recall since it's been more than `a minute' since I went through this process).

You can certainly write up something detailing your `story' and your relationship to your partner. Include mention of the sons, providing whatever information you wish to share.

 

[compiler1234]

Thanks Ponga. According to the guide, they must be listed on IMM 5406, Section B which is completed by the PA.

I think the main question is whether we leave it at naming them on the form only, or discuss the relationship upfront in a letter of explanation? We're trying to include details they will be looking for but we also don't want to dig any holes for ourselves by describing a "not-so-great" relationship with her children and throwing up doubt about the genuineness of our relationship.

 

[armoured]

I think the main question is whether we leave it at naming them on the form only, or discuss the relationship upfront in a letter of explanation? We're trying to include details they will be looking for but we also don't want to dig any holes for ourselves by describing a "not-so-great" relationship with her children and throwing up doubt about the genuineness of our relationship.

I think it's worthwhile outlining that custody is shared with the other parent and the children hence live with you and partner half of the time.

Nothing else needed to disclose, in my opinion.

 

[Ponga]

Thanks Ponga. According to the guide, they must be listed on IMM 5406, Section B which is completed by the PA.

I think the main question is whether we leave it at naming them on the form only, or discuss the relationship upfront in a letter of explanation? We're trying to include details they will be looking for but we also don't want to dig any holes for ourselves by describing a "not-so-great" relationship with her children and throwing up doubt about the genuineness of our relationship.

Are you sure? Why do you need to list children that you have not adopted?

Is is possible that you have misread this part:
Section B

Write the personal details for your children. It is very important that you list all of your children (even if they are already permanent residents or citizens of Canada). This includes:

• married children,
• adopted children,
• children of your spouse(step-children) or common-law partner,
• any of your children who have been adopted by others,
• any of your children who are in the custody of an ex-spouse, former common-law partner or other guardian.

It would seem to make sense only is your common-law partner was also being sponsored (or included in your application). Since she is the sponsor, I don't think you need to list her children).

As always, wait for others to confirm or dispute.

 

[compiler1234]

Good catch. I missed that note on the top.

I'm speaking with a consultant tomorrow to get some clarification, but if anyone else can either confirm or dispute how to fill IMM 5406 that would be much appreciated.

 

[compiler1234]

Are you sure? Why do you need to list children that you have not adopted?

Is is possible that you have misread this part:
Section B

Write the personal details for your children. It is very important that you list all of your children (even if they are already permanent residents or citizens of Canada). This includes:

• married children,
• adopted children,
• children of your spouse(step-children) or common-law partner,
• any of your children who have been adopted by others,
• any of your children who are in the custody of an ex-spouse, former common-law partner or other guardian.

It would seem to make sense only is your common-law partner was also being sponsored (or included in your application). Since she is the sponsor, I don't think you need to list her children).

As always, wait for others to confirm or dispute.

Tonga, could you please advise where you copied the above text from?

I'm checking the guide (IMM 5289) and it doesn't have the note you highlighted above.

 

[Ponga]

Tonga, could you please advise where you copied the above text from?

I'm checking the guide (IMM 5289) and it doesn't have the note you highlighted above.

Who's `Tonga'?

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/complete-0008-5669.html#5406

Date modified: 2023-11-23

 

[armoured]

I don't claim to know for certain whether step-children need to be included on that form in this case.

But: I feel quite certain there will be no negative consequences if they are included on the 5406, and the problems if mistaken are asymmetrical in this case.

One important note though: these children should definitely NOT be on the IMM0008 (as already Canadian citizens or PRs).

 

[Ponga]

I don't claim to know for certain whether step-children need to be included on that form in this case.

But: I feel quite certain there will be no negative consequences if they are included on the 5406, and the problems if mistaken are asymmetrical in this case.

One important note though: these children should definitely NOT be on the IMM0008 (as already Canadian citizens or PRs).

But they are NOT the OP's step-children, even though the title of the thread says they are. LOL!

Do we need to provide details of my relationship to her children other than indicating them on the family form? We've always been very clear on me not taking the role of a step-father for them and the relationship to her children is not very strong.

 

[armoured]

But they are NOT the OP's step-children, even though the title of the thread says they are. LOL!

I don't understand why you're saying that: the document (or at least the part you quoted) says "children of your spouse(step-children) or common-law partner".

They are the children of his common-law partner, n'est-ce pas?

(In this case I believe they are considered equivalent to step-children, however they wish to refer to them)

 

[Ponga]

I don't understand why you're saying that: the document (or at least the part you quoted) says "children of your spouse(step-children) or common-law partner".

They are the children of his common-law partner, n'est-ce pas?

(In this case I believe they are considered equivalent to step-children, however they wish to refer to them)

But in this case, only the PA is applying for PR, right? This is yet another example of how `instructions' can be anything but clear. The PA's sponsor is already a Canadian citizen and her children could also already be Canadian citizens. Why do they need to be listed in this type of application?

 

[armoured]

But in this case, only the PA is applying for PR, right? This is yet another example of how `instructions' can be anything but clear. The PA's sponsor is already a Canadian citizen and her children could also already be Canadian citizens. Why do they need to be listed in this type of application?

I think the instructions are clear in this case. IMM5406 is 'additional family information.' It is for providing ... additional family information. The instructions you quoted say you should include "children of your spouse(step-children) or common-law partner." What's the question? (Why do they want it? I don't know. That way lies madness).

As noted: IMM0008 is for those being sponsored. You do not include those children, step or not, who are already citizens or PRs because ... they are not eligible to apply to become PRs (because nonsense).

I think you're overthinking.

(My understanding is the new instructions for the online forms have confused this last point, but anyway not the question here)

 

[Ponga]

I think the instructions are clear in this case. IMM5406 is 'additional family information.' It is for providing ... additional family information. The instructions you quoted say you should include "children of your spouse(step-children) or common-law partner." What's the question? (Why do they want it? I don't know. That way lies madness).

As noted: IMM0008 is for those being sponsored. You do not include those children, step or not, who are already citizens or PRs because ... they are not eligible to apply to become PRs (because nonsense).

I think you're overthinking.

(My understanding is the new instructions for the online forms have confused this last point, but anyway not the question here)

Just found this:
https://www.thewayimmigration.ca/immigration-tips/imm-5406-additional-family-info-guide


Leaving off step-children – your spouse’s children are considered your step-children, and they must be listed on your IMM 5406 Additional Family Info form. Sometimes family situations are a bit complicated, such as when you married later in life and your spouse’s children were grown already when you married – you may not be considered a step-parent for practical reasons in that situation. Our advice is to over declare, and still provide the information as if your spouse’s children are your step-children. IRCC can always disregard extra information if they deem that it’s not relevant, but if you fail to declare the information in the first place, you can run into problems with having your file returned as incomplete or in extreme situations, having to defend yourself against a misrepresentation allegation.
---
So IRCC automatically determines that a common-law partner's children are the step children of a PA for PR? Really?

In any event, I concede.

 

[Ponga]

Ok...following up my own post to say that "I stand corrected", albeit from a seated position in a very comfy chair. LOL!

https://www23.statcan.gc.ca/imdb/p3Var.pl?Function=Unit&Id=94304

Stepfamily refers to couple families with children that contain at least one biological or adopted child of only one married spouse or common-law partner whose birth or adoption preceded the current relationship. The family can contain such children of each married spouse or common-law partner. The family can also contain biological or adopted children from the current relationship. If the current married spouse or common-law partner has adopted the child(ren) of the other married spouse or common-law partner then it is no longer a stepfamily.