Spousal Sponsorhip, Canadian in India applying from India - Advise required

[hosh]

Canadian Citizen living in India for over 31 months due to health reasons.  Got married and living with spouse for the last 14 months with her.  Advise for the following would greatly be appreciated:
1)  If there is a warrant of breach of probation for the sponsor, how would it effect the sponsorship process?  There is no criminal record.
2)  If the sponsor has any student loans, does it effect the sponsorship?
3)  The sponsor is not employed and obviously has no income, but has the supporting from the parents and brother who is a doctor, stating they would provide full support for residence till the sponsor finds employment.
4)  In this case it is important that the spouse must accompany the sponsor due to sponsor's health conditions, hence wants to stay till the receipt of PR and travel.
6)  How good are the chances for getting PR for spouse and what is the best way to proceed.
7)  What are the important documents that need to be submitted.
8)  Visit visa for the spouse has been refused once.

[canadianwoman]

1)  If there is a warrant of breach of probation for the sponsor, how would it effect the sponsorship process?  There is no criminal record.

What kind of crime was committed? A person who has committed certain types of crimes cannot sponsor: violence towards a family member and sexual assault being two.

2)  If the sponsor has any student loans, does it effect the sponsorship?

No. If there are huge debts, just increase the amount of proof you submit showing your plans for your economic future together.

3)  The sponsor is not employed and obviously has no income, but has the supporting from the parents and brother who is a doctor, stating they would provide full support for residence till the sponsor finds employment.

The parents and the brother should write a letter or affidavit stating what kind of support they will be offering the couple to help them settle in Canada. Include these with the application.

4)  In this case it is important that the spouse must accompany the sponsor due to sponsor's health conditions, hence wants to stay till the receipt of PR and travel.

Canadian citizens can sponsor while living abroad. However, they must then include proof in the application that they will be returning to live in Canada with the applicant. The letters or affidavits from your parents and brother can be part of that. Explain where you will live, what jobs you will have, how you will support yourselves until you get jobs, plans for school, etc. And include proof of this. You can also include proof of your plans to leave India, such as getting quotes for moving, plane tickets, letters of resignation from jobs, etc. Anything that shows you are planning to leave India and move to Canada.

6)  How good are the chances for getting PR for spouse and what is the best way to proceed.

Since you have been living together for more than a year, that is very good proof the relationship is genuine. You need to prove the relationship is genuine, and you need to prove the applicant did not marry you just to get into Canada.

7)  What are the important documents that need to be submitted.

Look at the first post (by Leon) in this subforum.

  Visit visa for the spouse has been refused once.

This is probably OK. Many failed attempts to enter Canada look bad to the visa officer, but one or two failed attempts, especially if it was just to see you, are usually OK. If the TRV was in order to visit you, make sure you mention that in the application.

[hosh]

Thanks very much Canadianwoman for the advise.  Need to understand few of the issues answered and any help is much appreciated.

What kind of crime was committed? A person who has committed certain types of crimes cannot sponsor: violence towards a family member and sexual assault being two.

Commitment of the crime:
i)  As I understand that one has to be found guilty by the court of law and has to have a criminal record.  Does any charges that were laid, not convicted would form a part of criminal record?  If the charges were laid and the cases were withdrawn or stayed, does this disqualify?
ii) The warrant is towards breach of probation towards pleading a lesser degree of assault against charges for sexual assault.
iii) Does a charge of sexual assault that did not get sentenced disqualify?

No. If there are huge debts, just increase the amount of proof you submit showing your plans for your economic future together.

What is considered as a huge debt?   Getting IT training in India and the testimonials of applicant regarding her education and experience to get employment would be considered as a part of the plan?

Canadian citizens can sponsor while living abroad. However, they must then include proof in the application that they will be returning to live in Canada with the applicant. The letters or affidavits from your parents and brother can be part of that. Explain where you will live, what jobs you will have, how you will support yourselves until you get jobs, plans for school, etc. And include proof of this. You can also include proof of your plans to leave India, such as getting quotes for moving, plane tickets, letters of resignation from jobs, etc. Anything that shows you are planning to leave India and move to Canada.

If both the sponsor and the applicant does not have jobs and the sponsor is staying in India on a temporary basis and has not established to that extent to get the quotes for moving and the tickets could only be bought on the final receipt of the PR for the applicant spouse.  How do I address this in the application.

This is probably OK. Many failed attempts to enter Canada look bad to the visa officer, but one or two failed attempts, especially if it was just to see you, are usually OK. If the TRV was in order to visit you, make sure you mention that in the application.

The TRV was applied bon the basis of invitation from the parent of the sponsor while the sponsor was with applicant spouse in India.

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[canadianwoman]

If you are on probation, you must have been convicted, right? Even if you plead out the case, that is still considered a conviction. Did you get a conditional discharge? Because I know there are cases where the defendant pleads guilty, but if he/she serves probation will have no criminal record.
I think for the legal questions you should get an immigration lawyer in Canada to help you.

An application is a balance of many factors, so one cannot say for certain what is too much debt, etc. Bascially, though, showing that the couple have made plans for their future together in Canada is one way to show the relationship is genuine - if it were not genuine, the couple wouldn't bother making plans together. Showing the applicant is considering what kind of job she could get in Canada and training for it is one aspect of your plans, so could be included in the application.

Because you've been in India for 14 months already, the visa officer will most likely want to see proof you will be going back to Canada. Show whatever you have that shows you will be going back. You can outline the steps you will take to 1. leave India, and 2. resettle in Canada. For example, you will need to move your things back; if you don't have enough to get a moving company involved, are you going to ship some things? Ship them just before sending in the application, and include the receipts. (Processing in India can be very fast, so it wouldn't be too inconvenient to ship things before getting the visa.) If you don't have that kind of evidence, letters or affidavits from family and friends can be used, stating they know of your plans and outlining how they will be helping you.

The TRV attempt should make no difference to the PR application, since it was to visit your family.

[hosh]

Thank you Canadianwoman, will consult immigration lawyer on this point.  Appreciate your help.
I am better off to hold the spousal application for my spouse until the advise from the lawyer.

Best Regards,