Wife left on exclusion 2 years ago

[Darcnys]

My wife whom I married in July 2014 left on an exclusion order January 2015. We were told that she can return after January 2016. However during that time I was in an accident and was unable to apply to be her sponsor. I returned to work earlier than I should have and was unable to keep up. Now I work occasionally and I am raising our daughter. It's been very difficult to get myself off of assistance due to this and I don't have daycare.
My question is if I can sponsor her when she visits me via a TRV?

 

[Darcnys]

I forgot to mention that I meant inland.

 

[Darcnys]

I guess question number 2 would be, if we were to apply for outland, how long can she visit me with a TRV?

 

[canuck_in_uk]

My wife whom I married in July 2014 left on an exclusion order January 2015. We were told that she can return after January 2016. However during that time I was in an accident and was unable to apply to be her sponsor. I returned to work earlier than I should have and was unable to keep up. Now I work occasionally and I am raising our daughter. It's been very difficult to get myself off of assistance due to this and I don't have daycare.
My question is if I can sponsor her when she visits me via a TRV?

Are you currently on welfare?

Why was she given an Exclusion Order? Does she already have a TRV?

 

[Darcnys]

Yes.
She missed her flight and was taken advantage of by her family not knowing the consequences until she met me.
About to apply for one.

Just trying to learn what to do as there is no refund for the fees and things are difficult as they are right now because I am acting as a single parent.

 

[canuck_in_uk]

Yes.
She missed her flight and was taken advantage of by her family not knowing the consequences until she met me.
About to apply for one.

Just trying to learn what to do as there is no refund for the fees and things are difficult as they are right now because I am acting as a single parent.

You can't sponsor her until you get off of welfare. While there is no minimum income requirement to sponsor a spouse, you do need to show IRCC that you can support yourselves without welfare. Applying soon after coming off of welfare will draw extra scrutiny for your financial situation.

With a Canadian spouse and child, a previous overstay and an Exclusion Order, there is pretty much no chance she will be approved for a TRV.

You need to focus on improving your financial situation and getting off of welfare.

 

[canadianwoman]

You cannot sponsor if you are on welfare. However, you can if the assistance is because of a disability. If you get on disability instead of welfare, you could sponsor. If not, do not try to sponsor while on welfare, since it is an automatic refusal. You could try applying, checking the box that says 'continue the application even if the sponsor is found ineligible', and ask for humanitarian and compassionate consideration. This will then be refused, but you might win at an appeal. I don't recommend this, because 1. it will take a long time, time that would be better spent trying to get off welfare; 2. you should have a lawyer, at least for the appeal; 3. there is no guarantee it would work, whereas if you get off welfare you should be able to sponsor.

 

[Darcnys]

To clarify, I am on welfare due to disability that I am now recovered from.
The only reason she overstayed was because her brothers knew she couldn't pay for a ticket because all she did was watch their kids without compensation.
Not knowing enough we agreed she would leave without cic sending her and then she would return after a year, this didn't happen. In other words we were compliant with cic, open and honest with them.
Is there any way they would accept a TRV?
Thanks for the advice it has been helpful.

 

[scylla]

She can certainly try applying for a TRV. It's difficult to say if it will be approved. She will need to demonstrate very strong ties to her home country (job, assets, etc.) to demonstrate she has no plans on remaining in Canada long term.

Watching her brother's kids without pay will be regarded as working illegally by CIC. Just FYI.

 

[Regina]

Thanks for the advice it has been helpful.

I am now recovered from.

Sponsor her!
.

While there is no minimum income requirement to sponsor a spouse, you do need to show IRCC that you can support yourselves without welfare