is this correct

[yre37768]

Ok Im hoping I have all my info know and thank you for all that helped much appreciated

I am applying inland so I fill out the IMM 5289

my 19 yo is in a defact relationship with her fiance and the have a child so she is not classed as a dependant and therefore not included on the application

I have been informed to include my daughter on the IMM 5406 form but that is not included with the IMM 5289 so it that an extra form I ask for or print out?

and does my daughter still need to do a police check if she is put on the IMM 5406 form

any answers would be helpful

 

[RobsLuv]

First of all, did CIC tell you to include your daughter on an IMM5406 for an inland application? Because that isn't one of the inland forms, so if they didn't tell you to submit it - don't. It could open up a big can of worms for you.

You need to be sure about whether or not your daughter falls within the designation of "dependent child" . . . I say this because I don't know what "a defact relationship with her fiance" means. The fact that she has a child does not make her ineligible as a dependent. If she is under the age of 22, she has to either be married or in a common-law partnership - "common-law partnership" meaning that she and her fiance have co-habitated for at least one consecutive year in a marital-type relationship - to not be considered a dependent child for immigration purposes. You don't want to file an application for permanent residence - particularily when your daughter has a child of her own - unless you know for sure that she is not caught in the definition of a dependent child. That's because if she is, in fact, still classified as a dependent . . . with a dependent child of her own your sponsor will have to meet minimum income requirements AND both she and her child would have to be included on the PR application. Just don't want to see you get caught up in that kind of mess. If your daughter is, indeed, in a common-law relationship with her fiance, then it's safe to leave her off the inland PR application. Unless CIC tells you to submit an IMM5406 with her information on it, I wouldn't do it voluntarily.

If she isn't in a common-law relationship with her fiance and you don't want to have to include her on your application (because both she and the child would have to undergo medical examination AND she would have to submit criminal clearances - even if they aren't coming to Canada - plus the minimum income requirement) I would strongly suggest you wait to file your application until after she is married.

 

[yre37768]

Yes she is in a common law relationship and has been for more than 12 months sorry they are called defacto here in australia and she is soley dependant financially on her fiance, she has not been soley dependant on me for about 3 years. so does that mean I dont need to include her at all?

 

[fairouzm]

you have to list her as she is under 21.

 

[yre37768]

now Im really confused, do I list her or not?

 

[PMM]

Hi

now Im really confused, do I list her or not?

You don't list her on the application, as you were told before only on the IMM 5406 other family members.

PMM