Wife has previously overstayed visit without visa. Now wants to immigrate properly.

[renascentangel]

Hello,

My now-wife previously moved in with me in Canada from the United States. When she crossed the border she was not given a visa stamp on her passport and stayed with me for about 2 years. We got married in Canada during this visit. Due to a variety of reasons we separated one year ago, but did not divorce, and she now lives back in the U.S. I drove with her back to her home, I crossed the border with her, and returned to Canada without her. We never submitted any application to the government.

We've since remedied everything and want to try again, properly this time, but are hoping she is able to live with me as soon as possible (I make enough money to support us both) and apply for PR from within Canada.
Because of her overstayed visit last time, is it likely that she will be denied a temporary resident visa? Will being denied a temporary visa hinder her if she applies for PR from outside Canada?

I definitely plan to see legal consultation soon but I appreciate any help you can give.

 

[Erin Lynsay]

I don't think she needs a temporary resident visa because she is from a country that doesn't require a visa.

Have you tried coming to Canada? If they allow her to enter, she would be here legally. Then you can apply for the in-land sponsorship.

She was out of status in the past, but if allowed to enter, she would have a valid status again.

 

[renascentangel]

I don't think she needs a temporary resident visa because she is from a country that doesn't require a visa.

Are you sure? Because the PR application requires specific information about a visitor visa. Can't provide that if you dont have one.

 

[Erin Lynsay]

Are you sure? Because the PR application requires specific information about a visitor visa. Can't provide that if you dont have one.

The PR application may ask about a visitor visa if it applies. United States citizens don't need a visa to come to Canada.

You can try this tool to find out:
http://www.cic.gc.ca/english/visit/...4.1613413905.1513220707-1111521748.1512513793

Once she enters Canada (if they allow it), she would be allowed to stay 6 months (unless the border agent says otherwise).

Before that 6 months expire you have to either:

- Get a visitor extension

- Apply for PR with work permit application

Then she would have implied status until they answer the work permit request (about 4-5 months).

You may be thinking that you need temporary resident status.
Temporary resident status = any visitor to Canada for any length of time

 

[renascentangel]

Hmm. Would probably be safer to just apply for a visa before crossing the border anyway right? We can wait the application time. Don't want to make the potential denial more of a hassle since she lives 5 hours away from the border.

 

[scylla]

Hmm. Would probably be safer to just apply for a visa before crossing the border anyway right? We can wait the application time. Don't want to make the potential denial more of a hassle since she lives 5 hours away from the border.

Short answer is no.

First of all, she doesn't need a visitor visa to enter Canada as a visitor. Secondly, even if she obtained one, that still wouldn't guarantee entry into Canada. It would be no different than entering on her passport. She could still be refused entry.