Step-siblings through common-law; should they be listed on IMM5406??

[geografa]

Hi folks!

I've just realized that on our IMM 5406 that we submitted with our outland sponsorship application, my partner (PA) included his mother and father, and sister. However, something has just occured to me and I can't find an answer in a search of this forum; My partner (PA)'s parents are divorced and both of them have long term partner's (not married- common-law), each of the partners have their own adult children from previous marriages. PA didn't list them as siblings on IMM 5406 because well, their parents aren't married and they really don't have much to do with eachother. But now, I am wondering if they are considered to be Step-siblings based on the fact that both his mom and his dad are clearly in common-law relationships with their new partners!

Has anyone come across this question before? Any definitive answers? I can't find a proper definition in the Instruction Guide either!
If I don't get any firm answers, I know to call the call centre. But as we all know, this forum is more helpful and knowlegeable 99% of the time!

Thanks for any guidance, all!

 

[starnaenae]

My husbands dad had a son before my husbands mom and dad got together. They are half brothers and he is listed. The form says to include half siblings. If they are related by blood (one parents child) they have to be included as well as if they are adopted children

 

[geografa]

My husbands dad had a son before my husbands mom and dad got together. They are half brothers and he is listed. The form says to include half siblings. If they are related by blood (one parents child) they have to be included as well as if they are adopted children

Heya,
hmm here is the confusion. It also says to include step siblings but I don't know if they count because they are not blood (so not half siblings), but related *maybe* only via common law relationship of both of his parents with their respective partners. It just ocurred to me that they actually may count, even though we didn't have to include the names of his parents new partners anywhere. I'm very confused. I can't believe there's yet another thing I feel like we messed up on this.

 

[Alurra71]

I think you should be OK that they are NOT listed as legally they are not related by blood or by marriage. If you have AOR (or application number) you could send a case specific inquiry if it makes you feel better though.

 

[geografa]

I think you should be OK that they are NOT listed as legally they are not related by blood or by marriage. If you have AOR (or application number) you could send a case specific inquiry if it makes you feel better though.

Heya- thanks. I have never done a CSE, would you suggest attaching an amended form with that, or simply asking if it's necessary to include these individuals?
Thanks!

 

[Alurra71]

I would only ask if they feel it was necessary. Explain the situation to them just as you've done here. That these individuals do not share a common parent and that the relationship is considered common laws, however these are adult children that were not raised together. I suspect they will tell you that they are not considered 'family' in this case and need not be included.

Best of luck!

 

[geografa]

I would only ask if they feel it was necessary. Explain the situation to them just as you've done here. That these individuals do not share a common parent and that the relationship is considered common laws, however these are adult children that were not raised together. I suspect they will tell you that they are not considered 'family' in this case and need not be included.

Best of luck!

Cheers for that!

 

[KBH]

My unprofessional, non-legal opinion is that I don't think a common law relationship would legally make these people your step-siblings.

This is literally just 100% my opinion though.

 

[geografa]

My unprofessional, non-legal opinion is that I don't think a common law relationship would legally make these people your step-siblings.

This is literally just 100% my opinion though.

I'm hoping too. But you know how this process can make you question/worry about everything in case you get stung for misrepresentation. I seriously lie in bed at night sometimes and go over all the potential mistakes we could have made! AAggh. Not the best for one's sanity, especially not during exam time (for me- right now haha!).

 

[Manzana]

Heya,
hmm here is the confusion. It also says to include step siblings but I don't know if they count because they are not blood (so not half siblings), but related *maybe* only via common law relationship of both of his parents with their respective partners. It just ocurred to me that they actually may count, even though we didn't have to include the names of his parents new partners anywhere. I'm very confused. I can't believe there's yet another thing I feel like we messed up on this.

Hi!
I kind of think the same as you. A common-law relationship is as valid as a married couple and therefore it would constitute these people as step siblings. My mere opinion as well. Cheers!

 

[geografa]

Yes.. this is complicated! His dad and his (new but not new) partner may actually not be common-law as they don't live together. But his mom and her partner do. All the kids are adults and they have never lived as blended families as these relationships began when all the "kids" were already living on their own as adults etc. I have reached out to a friend has connections with an immigration lawyer so will see if she can gather any insights. Thanks for weighing in, all!

 

[geografa]

Also: the concept of "common-law" doesn't exist in Argentina. His parents are both legally considered "divorced", because their status won't change unless they marry their respective partners. So- it's hard to know which country's definition is supposed to be used in this case!

 

[Manzana]

Also: the concept of "common-law" doesn't exist in Argentina. His parents are both legally considered "divorced", because their status won't change unless they marry their respective partners. So- it's hard to know which country's definition is supposed to be used in this case!

I see. Maybe just leave this issue to the side, especially if there are no plans of ever bringing them or their kids as there is not much communication between them and your husband.