Hi guys, I'm starting to fill out paper work little by little so we aren't rushed when its time.. I have a question....I am in a same sex relationship and my partner has a child from a previous relationship..It asks for ALL children all adopted and stepchildren... Now in the US "step" is just a term and there is no legality to it. Would it cause an issue if I did not list his child as a "step child"? Because it will be on other forms that he has a child...I mean in essence he would be, but due to our "not traditional marriage" we really aren't considering that fact at all.
Are you the sponsor or applicant?
If you are the sponsor - this is for the applicant to fill out and he must list the child
termike12 Wrote:Hi guys, I'm starting to fill out paper work little by little so we aren't rushed when its time.. I have a question....I am in a same sex relationship and my partner has a child from a previous relationship..It asks for ALL children all adopted and stepchildren... Now in the US "step" is just a term and there is no legality to it. Would it cause an issue if I did not list his child as a "step child"? Because it will be on other forms that he has a child...I mean in essence he would be, but due to our "not traditional marriage" we really aren't considering that fact at all.
Well, as Derbygirl alluded to, it's a little difficult to answer this based on the info you gave. It would help for us to know whether you are the sponsor or the applicant, and whether you are applying as common-law partners or you're actually getting married.
In general, though - if you are the sponsor and your partner is the applicant, and his child falls within the CIC definition of "dependent child", you have to list the child on your
Form IMM1344EA, and
Form IMM5481 (but not in Q#15 of
Form IMM5540E) and the child has to be medically examined, (or provide criminal clearances if age 18 or over) whether coming to Canada or not.
If you are the applicant and you're wondering about listing his (Canadian) child as a step-child on
Form IMM5406 (which seems to be your situation if I read your question right), I think that depends on a couple of things. I will say, though, that Immigration Canada really doesn't care whether "step-child" is a legal obligation or term in the US - as far as they're concerned, if s/he would be a step-child under Canadian law (or even considered a step-child by Immigration law), then that's all that matters and you'd have to list him/her in Form 5406. Making a big deal about it will only make them suspicious as there is no obligation derived from you listing your sponsor's child(ren) as "family members". So it's basically useless to claim that the child is not
legally your step-child if Immigration Canada regards him/her as such. If you are going to get/be legally married in Canada then I think, in Canada and for purposes of immigration, the child becomes your step-child (regardless of the non-traditional nature of your marriage, under Canadian law it is a marriage just the same as a traditional one) and you should list the child on Form IMM5406.