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Jan 11, 2012
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Hello,

I'm applying for Skilled Worker permanent residence, and the embassy in LA has asked me to fill IMM5406 as part of the application. I have had a temporary work visa for several years. My common-law partner (we were together for more than a year before I moved to Canada) also obtained a work visa through mine. However, she and I are no longer common-law partners since 2007. She no longer resides in Canada.

I'm confused regarding Section A of the IMM5406 form (I wasn't allowed to post the link here, so you have to find it on Google).

The form asks for a spouse our common-law partner. As I don't currently have one, I'd think to leave it blank. However, the text reads that if it's blank, you must sign at NOTE 1, which says "I certify that I do not have a spouse or a common-law partner, ex-spouse, or former common-law partner." The problem is obviously I can't say I don't have a "former common-law partner".

I phoned the agents at CIC (who are generalists and don't know my specific file). They were not sure how to answer! Has anyone encountered this apparent Catch-22?

I'm guessing I should put my former partner's name, but indicate that the status ended in 2007? There are no instructions anywhere on the CIC site that discuss what to do if you have a former common-law partner. I did find a thread "Declaration of Severance of Common Law Relationship" on this forum, which is helpful, although I'm not sure how "official" that is.