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Form IMM 5406

wowsers

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I would appreciate some help/advice concerning Form IMM 5406 (Additional Family Information). I apologize in advance for the length of this question. I am an outland applicant applying for permanent residence status as the common law partner of long standing (15 years) of a Canadian citizen who lives with me in the UK and wishes to return (with me) to Canada to live. She is sponsoring me. Our applications (to sponsor and to apply for residency respectively) were sent off to Mississauga earlier this month. Today an email was received by my sponsor, the material part of which reads <You must provide a completed and signed Additional Family Information (IMM 5406) for the principal applicant (regardless of age) and every dependent 18 and over that is listed on the IMM 0008 form. Refer to the CIC website [link] for further instructions.>
The first difficulty is that once you click on the link you get a message to the effect that you may not be able to access the document and referring you to Adobe Reader. I have the latest version of Adobe Reader on my computer already and if one opens the link via Adobe Reader one gets simply a copy of Form 5406 to complete ie no instructions. There are instructions in the guide for completing IMM 0008 and 5669 at page 11 though the number of the form there described as Additional Dependents Declaration Form is IMM 0008DEP and not IMM 5406. Moreover those instructions say nothing about the form having to be completed for the principal applicant (me). That is mystery number one (albeit a minor mystery)..
My primary difficulty however is with form 5406 itself. It contains 3 sections. Section A requires details of the applicant (me), which causes no problem, the second line requires details of spouse or common law partner and adds in the second box < See note 1>. There is no note 1 anywhere to be seen: the form is one page and contains no notes. Nor does the guide contain any note 1. Does anyone know where I can find this alleged note? Anyway, I have the greatest of difficulty in understanding what is required by 'spouse or common law partner' I happen to have both: my wife from whom I am judicially separated and the sponsor, who is my common law partner. So who do I refer to here? In the form IMM 0008 I sent to Mississauga I gave details of my judicially separated wife but added a note (and supplementary documents) to show that she was not a dependant. Apparently that was not acceptable.
I also have difficulty with Section B. The email referred to above requires details of <every dependent 18 and over that is listed on ...IMM0008> I have 3 children, the youngest of whom is 42 and the two others are over 50, all of them are married and independent, and none of them was listed on IMM 0008. None of them are dependants. However Section B of Form 5406 requires me to <include ALL [in capitals] sons and daughters ..regardless of age or place of residence> and contains a note to see Note 2 - as in the case of Note 1 that does not appear anywhere - and then states that if no children are listed in section B, I must certify that I have no <children either natural or adopted>. This certificate, which I cannot possibly truthfully sign (because I have 3 children) , makes no reference to the dependent status of those children. So what do I do? Complete the section with the names etc of my 3 independent middle aged children? Alter the certificate and certify that I have no dependent children?
I can complete Section C which requires details of brothers and sisters. There are 2 of them, one is 69 and the other over 70 and neither of them is a dependent. But I suppose I must list them! For what purpose other than bureaucracy I really cannot say!
Any thoughts by suitably qualified persons to give advice? And please dont tell me to see a lawyer. I have been a lawyer myself for over 50 years and am well qualified to look after my own legal interests! The problem is these very poorly drafted forms, completing which is something like tackling the Times crossword. If no one on this forum can help am I likely to get any help if I telephone the High Commission? Does anyone know the appropriate number?
 

CanadianJeepGuy

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Very cool that even lawyers struggle with this.

You needn't list your ex-wife as she is not a part of this application. The form in your case refers to your common-law sponsor and your children specifically regardless if they are dependant or not.
Keep in mind that these forms are meant to apply to the conditions of the average applicant. Those that have unique conditions may find these forms wanting.
 

sakamath

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Are you using this link?

www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF

(Open it in Internet Explorer. Chrome or Firefox may give error opening the PDF file).


As regards Note 1, it is just below Section A (above the text "I Certify...") Since you have a Common Law Partner, you would mention the Name and Date of Birth etc but DO NOT SIGN in section A (Signature is required only if you do not have a spouse or common law partner.

In IMM008, you should have provided the details of your common law partner.

Section B should mention details of all your children - irrespective of their age and status and/or whether they are included in the application or not.
Again, Note 2 is just below Section B and it indicates that you should sign ONLY IF YOU DO NOT HAVE ANY CHILDREN.

Hope that helps.
 

sakamath

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As for the guide, here's a link that could help you:

www.cic.gc.ca/english/information/applications/guides/3998tempETOC.asp
 

canadianwoman

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wowsers said:
I would appreciate some help/advice concerning Form IMM 5406 (Additional Family Information).
You, the principal (and only) applicant have to fill in form IMM 5406.
My primary difficulty however is with form 5406 itself. It contains 3 sections. Section A requires details of the applicant (me), which causes no problem, the second line requires details of spouse or common law partner and adds in the second box < See note 1>. There is no note 1 anywhere to be seen: the form is one page and contains no notes. Nor does the guide contain any note 1. Does anyone know where I can find this alleged note? Anyway, I have the greatest of difficulty in understanding what is required by 'spouse or common law partner' I happen to have both: my wife from whom I am judicially separated and the sponsor, who is my common law partner. So who do I refer to here? In the form IMM 0008 I sent to Mississauga I gave details of my judicially separated wife but added a note (and supplementary documents) to show that she was not a dependant. Apparently that was not acceptable.
In section A give your details and the details of your common-law partner who is sponsoring you. Do not give details of your ex-wife! Maybe attach a separate sheet of paper explaining that you gave details of your former wife on IMM 0008, and repeating those details here, but explaining that you are being sponsored by your current common-law partner. (You may have filled in IMM 0008 incorrectly, based on what you've said here, but we'll see if CIC can figure it out.)
I also have difficulty with Section B. The email referred to above requires details of <every dependent 18 and over that is listed on ...IMM0008>
The email meant that every dependent 18 and over must fill out their own IMM 5406. You have none, so only you have to fill out this form.
I have 3 children, the youngest of whom is 42 and the two others are over 50, all of them are married and independent, and none of them was listed on IMM 0008. None of them are dependants. However Section B of Form 5406 requires me to <include ALL [in capitals] sons and daughters ..regardless of age or place of residence> and contains a note to see Note 2 - as in the case of Note 1 that does not appear anywhere - and then states that if no children are listed in section B, I must certify that I have no <children either natural or adopted>. This certificate, which I cannot possibly truthfully sign (because I have 3 children) , makes no reference to the dependent status of those children. So what do I do? Complete the section with the names etc of my 3 independent middle aged children? Alter the certificate and certify that I have no dependent children?
List all of your children here.
I can complete Section C which requires details of brothers and sisters. There are 2 of them, one is 69 and the other over 70 and neither of them is a dependent. But I suppose I must list them!
Correct. List them.

No argument here that the forms are poorly drafted!

For most of the forms, 'family member' means your spouse or common-law/conjugal partner and your children. For form IMM 5406, however, they want details of parents, children, and all siblings, even if they are not dependent on you, even if they are already Canadian citizens or PRs, and even if they are not going to be immigrating to Canada.
One reason they ask for these details is to help check and verify other applications. If they get one application from Mr. X, for example, who claims to have no brothers and sisters, and then two years later get an application from Miss X, who lists Mr. X as her brother, CIC will cross-reference the applications, and at the least there will be questions.
 

wowsers

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Many thanks to the kind souls who have replied to my plea for help. There are just a few wrinkles:
Canadian Jeep Guy. Many thanks for your observations. However I have a wife, not an ex wife: because we are judicially separated, and not divorced, we are still married, but the court has (with the consent of both of us) terminated the rights of each of us against one another. That is why my common law partner and I cannot marry. So it is not an either/or situation: I really do have both The box seems to assume that the applicant has one or the other. I think the only way to complete the box is to list both with an explanatory letter (which, incidentally, CIC were given with IMM 0008 and which they have apparently ignored).
Sakamath. Likewise many thanks. Thank you particularly for the link to the guide to IMM 5406, which I had not seen before. It is extraordinary that CIC hide away the guide without including it in the Guide to IMM 0008. My failure to see the notes tucked away under sections A and B of the form was my own silly fault!
Canadianwoman. Many thanks again for your observations which were very useful. Again however I point out that I have a wife, not an ex-wife. Both my parents are dead but I suppose I should fill in their details and for present address simply enter 'deceased'?
 

CanadianJeepGuy

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wowsers said:
Many thanks to the kind souls who have replied to my plea for help. There are just a few wrinkles:
Canadian Jeep Guy. Many thanks for your observations. However I have a wife, not an ex wife: because we are judicially separated, and not divorced, we are still married, but the court has (with the consent of both of us) terminated the rights of each of us against one another. That is why my common law partner and I cannot marry. So it is not an either/or situation: I really do have both The box seems to assume that the applicant has one or the other. I think the only way to complete the box is to list both with an explanatory letter (which, incidentally, CIC were given with IMM 0008 and which they have apparently ignored).
Sakamath. Likewise many thanks. Thank you particularly for the link to the guide to IMM 5406, which I had not seen before. It is extraordinary that CIC hide away the guide without including it in the Guide to IMM 0008. My failure to see the notes tucked away under sections A and B of the form was my own silly fault!
Canadianwoman. Many thanks again for your observations which were very useful. Again however I point out that I have a wife, not an ex-wife. Both my parents are dead but I suppose I should fill in their details and for present address simply enter 'deceased'?
You are legally separated is what I understood with no intention to reunite. Since polygamy is not legal in Canada for CIC it is an either or situation. To be sponsored under the family class you have to have either a spouse or common-law/conjugal partner to sponsor or be sponsored by. That is what they are asking for. You can include a written statement with court documents to substantiate your legal separation from your wife.
 

CanadianJeepGuy

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The problems we all face when filling out these forms is that they are generic. They are not designed to reflect the immediate details of each of our lives. In your instance because you are an older applicant you will have to fill it out as if you were younger and then include the current details of each relation. When the Immigration officer sees the D.O.B.'s et al they will be able to understand what is going on. They still require that info for your background check regardless of persons living, retired or deceased.
 

canadianwoman

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Give both parents' info, then indicate they are deceased in the address section. Give the details of the common-law partner who is sponsoring you. Then attach a letter explaining the situation with your wife, with proof.
 

wowsers

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Dear Canadianwoman and Canadianjeepguy, many thanks for your further observations. I sent off the missing 5406s yesterday and will post a further message in this forum once I know how I fared! I sent two forms one for myself as principal applicant and one for my sponsor as an applicant to sponsor. I have been worrying about whether I should have sent a third form giving details of my wife, her parents brothers and sisters etc but instead decided to explain the situation in a covering letter. It had already been explained to them anyway in a covering letter sent a month ago with the IMM 0008 etc but I do not suppose a bit of duplication will do any great harm. Statistically it probably increases the chances that one or other of them will be read! Regards Wowsers.
 

canadianwoman

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You definitely do not need to send another 5406 with your wife's family's details. Don't worry about that.