Spousal Sponsorship- Overstayed Situation

[YP2]

Hello,

I had applied for "Spousal Sponsorship" for my wife for Inland application in February 2021. She was here on Visitor visa basis (entered in Canada Dec 2020). File was returned back to us in October 2021 due to missing signature in one of the forms. We immediately applied for her "Visitor visa extensions" but it got refused due to application after 90 days grace period (Refusal letter came in Feb 2022, There was not any note about departure or deportation only refusal for extension). Now she has returned back to India and I am putting " Outland Spousal sponsorship" for her. Can she return back to Canada once we apply for her Permanent Residency. She still has valid Visitor Visa. I am Permanent Resident here in Canada.

Thanks in advance.

 

[DimT44]

Hello,

I had applied for "Spousal Sponsorship" for my wife for Inland application in February 2021. She was here on Visitor visa basis (entered in Canada Dec 2020). File was returned back to us in October 2021 due to missing signature in one of the forms. We immediately applied for her "Visitor visa extensions" but it got refused due to application after 90 days grace period (Refusal letter came in Feb 2022, There was not any note about departure or deportation only refusal for extension). Now she has returned back to India and I am putting " Outland Spousal sponsorship" for her. Can she return back to Canada once we apply for her Permanent Residency. She still has valid Visitor Visa. I am Permanent Resident here in Canada.

Thanks in advance.

Yes she can. There is no requirement for her to remain outside Canada during an outland application. In fact she can stay in Canada all the way until landing.

 

[YP2]

Thanks for the response DimT44.

I wanted to know if she will have any trouble while entering back to Canada due to overstay last time.

She voluntarily left the country within 2 weeks of refusal for Visitor Visa Extension ( NO deportation or Departure orders issued).

 

[canuck78]

Thanks for the response DimT44.

I wanted to know if she will have any trouble while entering back to Canada due to overstay last time.

She voluntarily left the country within 2 weeks of refusal for Visitor Visa Extension ( NO deportation or Departure orders issued).

Impossible to predict whether she have any issue entering Canada. I would make sure she has proof of a return ticket.

 

[YP2]

Hi,
Yes she is going to travel with return ticket as a back up option. Thanks for the advise.

 

[MJSPARV]

Hi,
Yes she is going to travel with return ticket as a back up option. Thanks for the advise.

You might also want her to have documentation showing that her original application was submitted while she was still in status, that you applied for an extension as soon as it was returned etc so that if the officer asks why she overstayed before she has the evidence of what happened.