Can my...

[Carlo]

Hello,

I would like to know if my wife can apply for residency if she is in Canada even tho she has an expired tourist visa?

 

[Black-Berry]

Hello,

I would like to know if my wife can apply for residency if she is in Canada even tho she has an expired tourist visa?

yes she could, But i may advice you to restore her status before she puts the application in because it may be delayed ie her file may be transferred to the local office without A.I.P. which leads to further delays..

 

[Carlo]

Thank you so much for your answer!

By restoring her status you mean to ask for an extension on her stay in Canada?

Can her stay in Canada be extended even past the 6 month date limit?

I heard that she can apply outland even if she is with me in Canada is that true?

 

[Black-Berry]

Thank you so much for your answer!

By restoring her status you mean to ask for an extension on her stay in Canada?

Can her stay in Canada be extended even past the 6 month date limit?

I heard that she can apply outland even if she is with me in Canada is that true?

She needs to fill the Application to change conditions, extend my stay or remain in Canada (IMM 1249) form on the CIC website first . That way she will be "legally in canada" and also to be on the safe side. On the form if am not wrong she can tick "restoration of status"

Yes she can be in canada LEGALLY and apply outland But if that is the route you and her want to take, i would strongly advise her to restore her status first as this may affect her application,

I have read here of people getting up to a year of extensions but not anything more that.

Read this

http://www.cic.gc.ca/english/information/applications/guides/5552E4.asp

 

[kelKel]

She also can only restor her status if it's in 90 days of the expiry of her current visa.

 

[Carlo]

Thank you so much for your great answers and advice.