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mylegalservice · 2 years
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If my partner joins me in the UK on a “proposed civil partner” visa, will she be able to work once we are in a civil partnership? Or will we need to then apply for a separate visa?
Thank you for your question.
The proposed civil partner visa will allow her to register a civil partnership where both parties must sign a civil partnership document in front of two witnesses and a registrar in order to be recognised as registered civil partners in the UK. Once this is done, she would be required to apply for variation from a proposed partner to a civil partnership visa in order to continue to remain and live in the UK. Once granted this will allow her to work in the UK and the visa is granted for a period of 2.5 years.
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Similar to a Fiancé visa, the applicant will not be entitled to work on this 6 month’s temporary short visa. However, they will not be required to leave the UK and can apply for a new application to remain as a Spouse or Civil partner.
Original Source:- https://www.quora.com/If-my-partner-joins-me-in-the-UK-on-a-proposed-civil-partner-visa-will-she-be-able-to-work-once-we-are-in-a-civil-partnership-Or-will-we-need-to-then-apply-for-a-separate-visa/answer/My-Legal-Services-1/log
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max1461 · 28 days
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Hess was found dead on 17 August 1987, aged 93, in a summer house that had been set up in the prison garden as a reading room; he had hanged himself using an extension cord strung over a window latch. A short note to his family was found in his pocket, thanking them for all that they had done. The Four-Power Authorities released a statement on 17 September ruling the death a suicide. He was initially buried at a secret location to avoid media attention or demonstrations by Nazi sympathisers, but his body was re-interred in a family plot at Wunsiedel on 17 March 1988; his wife was buried beside him in 1995.[173] Hess's lawyer Alfred Seidl felt that he was too old and frail to have managed to kill himself. Wolf Rüdiger Hess repeatedly claimed that his father had been murdered by the British Secret Intelligence Service to prevent him from revealing information about British misconduct during the war. Abdallah Melaouhi served as Hess's medical orderly from 1982 to 1987; he was dismissed from his position at his local district parliament's Immigration and Integration Advisory Council after he wrote a self-published book on a similar theme. According to an investigation by the British government in 1989, the available evidence did not back up the claim that Hess was murdered, and Solicitor General Sir Nicholas Lyell saw no grounds for further investigation.[174] The autopsy results supported the conclusion that Hess had killed himself.[175][176][177] A report declassified and published in 2012 led to questions again being asked as to whether Hess had been murdered. Historian Peter Padfield wrote that the suicide note found on the body appeared to have been written when Hess was hospitalised in 1969.[178]
Huh
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mythologeekwriter · 6 months
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God this is horrifying
[Note: I am not copying the whole of these articles, please do read them, I'm just sharing the bits that I think illustrate why you should in fact read them.]
Five-point plan to cut UK immigration raises fears of more NHS staff shortages | Immigration and asylum | The Guardian
Cleverly told MPs on Monday that “migration is far too high and needs to come down … enough is enough”. He added: “Today I can announce that we will go even further than those provisions already in place, with a five-point plan to further curb immigration abuses that will deliver the biggest ever reduction in net migration. “In total, this package, plus our reduction in student dependants, will mean about 300,000 fewer people will come in future years than have come to the UK last year.” Along with raising the salary threshold and scrapping the “shortage occupation list”, Cleverly announced that social care workers would no longer be allowed to bring their dependants when they came to work in the UK. He also said people living in the UK – including British citizens – would now be allowed to sponsor family members to move to the UK only if the person living in the UK earned £38,700, up from £18,600 currently. Finally, the government is asking the Migration Advisory Committee to review the rules for those who have completed undergraduate degrees in the UK. A spokesperson for Downing Street called the package “the biggest clampdown on legal migration ever”. They added: “We believe this is a package which will enable us to significantly reduce numbers whilst achieving economic growth.” It forms one part of a two-part plan to reduce the numbers of people coming into Britain legally and illegally. This week Cleverly is likely to fly to Kigali to sign a new asylum treaty with Rwanda, with ministers ready to bring forward new legislation in an effort to finally kickstart the government’s Rwanda plan.
Families face being split up by UK plan to cut legal migration, lawyers say | Migration | The Guardian
Data suggests this could make it impossible for between 60 and 70% of workers to bring their family into the UK. The crackdown has caused concern among some senior Tory MPs. Alicia Kearns, the chair of the foreign affairs select committee, said on Tuesday she was worried the package as a whole risked dividing families. She told LBC: “It risks being very unconservative”. Madeleine Sumption, the director of the Migration Observatory at the University of Oxford, said: “This is definitely completely different to what any other high income country does.” Under the new rules, someone will be able to bring a family member into the country if they earn £38,700 year. If the partner is already in the UK, both people’s incomes will be taken into account. If someone does not qualify under those rules, they will still be allowed to bring in family members if they have sufficient savings. Under current rules that figure is £62,500, but the government is consulting over whether to increase it.
Lawyers and applicants say, however, that it has led to distress and confusion, with many families already in the process of applying for visas now unsure of what the changes will mean for them. Kelly Robinson, an American PhD student living in Norwich with her partner, Owen Sennitt, had applied for her spousal visa last week, confident Sennitt’s job as a local journalist would be enough to qualify for it. Now she believes she may have to return to the US after eight years living in Britain. “It is a real shock,” she said. “The entire life we have built is being taken away from us overnight.” Nick Gore, a partner at Carter Thomas solicitors, said: “This is devastating for many people that just about meet the existing financial requirements. There is a huge spectrum of people who are affected – some are on minimum wage jobs, others have started their own businesses. This will split families up.”
Thanks to James Cleverly, I may never live in the same country as my kids again | Claire Armitstead | The Guardian
When I mentioned their predicament to a lawyer friend he was dismissive, saying that middle-class families always found a way round these problems. Other friends suggested we remortgage our house to raise the £62,500 capital that was the alternative route to a spousal visa. But it would have to have been in their bank account for a minimum of six months before they even reapplied; this was time their soaring stress levels meant they didn’t have. And anyway, they wanted to pay their own way. The Home Office said any change to the capital threshold would be announced in due course. At the old salary rate, they probably would eventually have worked something out, but at the new one there is no chance. Their relationship will always be based on them both working, and while their combined income would very probably exceed £38,700 a year, neither is going to make that much on their own. My eldest and his partner are now happily settled, so wouldn’t want to move back anyway. The sort of social care work she does is more highly valued in Spain. Meanwhile, my Australian daughter-in-law is in the crazy bind facing citizens of so many of the UK’s former colonies: expected to bend the knee to the monarch of a British state that doesn’t want them. Australia asks the foreign partners of its citizens only to prove their relationship is genuine.
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saintmeghanmarkle · 3 months
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Thank you Sir Peter Richard Lane. Not all heroes wear capes [Prince Harry vs RAVEC} by u/Negative_Difference4
Thank you Sir Peter Richard Lane. Not all heroes wear capes [Prince Harry vs RAVEC} ​https://ift.tt/os5RSGk Justice Lane was educated at state schools in Worcester, before studying law at Oxford and Berkeley, California. After 5 years in the Office of the Parliamentary Counsel, he became a solicitor and parliamentary agent in Westminster, drafting and promoting legislation on a wide range of subjects; in particular, infrastructure projects. His clients included public transport operators, local authorities and universities. In 2001, he was appointed as a salaried immigration adjudicator, in time becoming a judge of the Upper Tribunal. In 2014, he became President of the General Regulatory Chamber of the First-tier Tribunal, which decides appeals from a wide range of statutory regulators. He was appointed a deputy High Court judge in 2016 and, in 2017, a High Court judge in the Queen’s Bench Division. Since October 2017, he has also been President of the Upper Tribunal Immigration and Asylum Chamber. He was appointed as Deputy Chair of the BCE initially for a three year term from 23 June 2020, subsequently extended to 22 December 2023.He has now retired as a Judge of the High Court (King’s Bench) with effect from 1 February 2024. This was his last case post link: https://ift.tt/HtKALRV author: Negative_Difference4 submitted: February 29, 2024 at 12:27PM via SaintMeghanMarkle on Reddit
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uk-visa-updates · 14 days
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Shocking Revelations: The Truth About Immigration Law You Won't Believe!
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Introduction
Immigration law is a multifaceted domain impacting million globally, governing entry, stay durations, and permissible activities in foreign countries. The axiom "Ignorance of the law is no excuse" is particularly pertinent here, emphasizing the crucial need for individuals to comprehend and abide by immigration regulations.
Ignorance of the Law Is No Excuse
The legal maxim "Ignorantia juris non excusat" underscores that ignorance doesn't absolve legal liabilities, a principle profoundly relevant in immigration law. Violations, whether deliberate or inadvertent, can lead to severe repercussions such as deportation, bans, and entanglement in legal proceedings.
Why Ignorance of the Law Is Not an Excuse
Even unintentional breaches of immigration laws can trigger bans, fines, or legal actions. This section stresses the necessity of proactive legal awareness to circumvent pitfalls and ensure a smooth immigration journey.
The Importance of Understanding the Laws of the Country You Visit
While traveling to foreign lands is exciting, it necessitates awareness of local laws, customs, and visa requirements. Failure to comply can result in legal entanglements, highlighting the need for travelers to research and respect the legal frameworks of host countries.
Consequences of Being Banned from a Country
Immigration bans have profound implications, affecting travel prospects, careers, and personal relationships. Understanding these ramifications promotes compliance with immigration laws and encourages seeking legal aid when necessary.
Understanding Immigration Law's Complexities
Immigration law is intricate, encompassing diverse categories such as visas, residency permits, asylum, and citizenship. This complexity necessitates a nuanced understanding to navigate legal rights, status options, and avenues for legal support.
The Role of Legal Professionals in Immigration
Legal experts play a pivotal role, offering guidance, advocacy, and representation in immigration matters. From visa applications to deportation defense, their expertise ensures fair and just outcomes for individuals and families.
The SmartMove2UK is an award-winning UK immigration law firm that specializes in UK immigration law.
It is led by specialist immigration solicitors and provides services to individuals, corporates, investors, entrepreneurs, and innovators. The firm is known for its niche expertise and has a global presence, with a strong foothold in the immigration services industry.
Founded in 2010, The SmartMove2UK has been recognized as a leader in the field, assisting clients with various types of UK visas, including UK business visitor visas, student visas, settlement visas, dependent visas as well as appeals and refusals for all kinds of UK visa.
If you're looking for specific services or need more detailed information, I would recommend visiting their official website or contacting them directly for personalized assistance.
Conclusion
The reality of immigration law demands awareness, legal compliance, and respect for host countries' legal systems. Educating oneself, seeking legal counsel, and maintaining integrity are crucial to navigating immigration challenges successfully.
FAQs
What are the most common consequences of violating immigration laws?
Violations can lead to fines, deportation, bans, and legal proceedings, highlighting the criticality of adherence to immigration regulations.
2. How can individuals ensure compliance with immigration laws when traveling abroad?
Compliance entails understanding destination country's legal requirements, seeking professional advice if needed, and adhering to visa conditions and local regulations.
3. Why is it important to seek professional advice when dealing with immigration issues?
Professional advice is vital due to the complexity and evolving nature of immigration laws, ensuring accurate applications, expert representation, and optimal outcomes in legal proceedings.
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kailashlawyer · 1 month
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Kailash Lawyers & Consultants was founded by Principal Solicitor, Amit Pall. Best known amongst local community for diligent, respectful & honest approach to work.
The team understands it’s duty towards client is paramount and provides personalised legal solutions to our clients. We use leading practice management software which allows us to better achieve your goals & ours.
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lozanolawfirm1 · 2 months
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Discover A Green Card Lawyer That Wins Client’s Eligibility
Your chances of success in a citizenship card case are affected by many variables. It may include the quality of your application, the strength of your supporting evidence, and the whims of immigration officials. 
Hiring an experienced green card lawyer will significantly improve your chances of approval. They are knowledgeable and current on state procedures. 
In addition, they are aware of the correct and necessary documents to submit to immigration. They ensure to meet the client’s needs following the law. Gain additional knowledge and learn how to win the customer's eligibility request for a permanent visa application.
General Guidelines To Find A Good Green Card Lawyer
These are some broad pointers to assist you in locating a visa-granting lawyer. A good one who will be able to evaluate your case and improve your chances of success accurately.
Research For Potential Lawyers
Find out about available attorneys in your local and compile a list of names. Gather their information, such as law firm companies, immigration knowledge, and client reviews. Yellow pages, local bar association websites, and personal recommendations can help you find a lawyer.
Assess Their Knowledge
Find out their competence, and assess their knowledge of immigration law. Learn about their experience with green card issues by looking at their websites. Investigate their credentials, track record, and years of experience.
Read Reviews And Testimonials
Check out the law firm's online reputation. Read reviews and testimonials from past clients through their websites or social media. The reception can gauge a lawyer's ability to win clients over.
Check For Consultation
Many solicitors provide introductory consultations; some are free, while others have a small fee. Use this meeting to ask the law counsel questions about your case. Check how well they handle themselves in conversation. Ask them how much experience they have in the field.
Clear Communication
Make sure your potential attorney can communicate clearly. They should be able to adequately explain the process, including prerequisites, challenges, and future steps. Finding a lawyer who can explain legal language and answer honestly is valuable.  
Common Pathways To Obtain A Green Card
Different types of eligibility for a green card in the United States have other prerequisites. Some more systematic ways to qualify it may include the following:
Family-based sponsorship.
Employment-based sponsorship.
Refugee or Asylum status.
Diversity Visa Lottery.
Special immigrant categories.
Employment creation (EB-5).
It's worth noting that the eligibility criteria can be challenging to understand. It is because each category has its own unique set of prerequisites and restrictions. Green card availability may also be affected by numerical restrictions and country-specific quotas.
You must seek the advice of an experienced immigration attorney, like professionals in San Antonio, Texas. They will help you determine which category best fits your situation. Moreover, their team will guide you through the application procedure for a visa immigration card.
Summary 
You can become a lawful permanent resident (LPR) of the United States by obtaining a "green card." It granted privileges and protections, such as the right to remain in the country permanently and to work. A green card holder's path to U.S. citizenship begins with completing specific residency and other conditions. One of the benefits of becoming a citizen is the opportunity to vote in federal elections.
The Lozano Law Firm is a reliable and trusted immigration attorney in Texas. They understand the in and out of the state regarding acquiring permanent citizenship. Also, they understand their client’s needs and desire for positive results. You can consult and engage with their competent team of law advocates.  Find out more.
More Info Lozano Law Firm in Merchant Circle Driving Directions
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Lozano Law Firm 5718 University Heights Blvd #104 San Antonio, TX 78249 (210) 899-2290
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dankusner · 2 months
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U.S.-MEXICO BORDER
‘Maybe Texas went too far,’ court told Appeals panel hears oral arguments on state’s plan to arrest migrants
An attorney defending Texas’ plans to arrest migrants who enter the U.S. illegally told a panel of federal judges Wednesday that it’s possible the law “went too far” but that will be up to the court to decide.
The comment was made to a 5th U.S. Circuit Court of Appeals panel that has already previously halted Republican Gov. Greg Abbott’s strict immigration measure.
Similar proposals that would allow local police to arrest migrants are moving through other GOP-led statehouses, including many far from the U.S.-Mexico border.
Texas was allowed to enforce the law for only a few confusing hours last month before it was put on hold by the same three-judge panel that heard arguments Wednesday.
No arrests were announced during that brief window.
“What Texas has done here is they have looked at the Supreme Court’s precedent, and they have tried to develop a statute that goes up to the line of Supreme Court precedent but no further,” Texas Solicitor General Aaron Nielson said.
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“Now, to be fair, maybe Texas went too far and that is the question this court is going to have to decide.”
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The panel did not indicate whether it believed Texas has overstepped but later questioned Nielson about the specifics and application of the law.
Texas has faced a massive border crisis, Nielson said, and has stepped up its efforts in the absence of congressional action to provide enough resources.
“Here, Texas has come forward with additional resources, saying, ‘Let us protect the border,’” Nielson said during the hourlong hearing in New Orleans.
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Chief Judge Priscilla Richman pointed out that by suing to stop the law, the federal government has effectively turned down the help.
“What did they say? They’re not saying yes, they’re saying no. If it were just money, it seems like they’d welcome your help, but they’re not,” said Richman, an appointee of Republican President George W. Bush.
Law allows arrests The Justice Department argued that Texas was trying to usurp the federal government’s authority over immigration enforcement.
Texas, however, insisted it would work with the federal government.
The law, known as SB 4, allows any Texas law enforcement officer to arrest people suspected of entering the country illegally.
Once in custody, migrants could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry.
Migrants who don’t leave could face arrest again under more serious felony charges.
Asked how the state would enforce judges’ orders for migrants to return to the country from which they entered the U.S. illegally, Nielson said they would be turned over to federal officials at ports of entry.
He then stumbled to explain how that is different from what is happening at the border now.
At one point, Richman questioned what, then, the provision accomplished.
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Daniel Tenny, an attorney representing the U.S. government, said the state was attempting to “rewrite Texas SB 4 from the podium with regard to the removal provision.”
Richman previously ruled in favor of temporarily halting the law.
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Law said necessary Judge Andrew Oldham, who was appointed by President Donald Trump and previously opposed the stop, suggested each provision of the law should be scrutinized to determine which, if any, are preempted by federal mandates.
Oldham also posed scenarios to attorneys for the federal government of how elements of the law could play out.
“If the court is persuaded that the criminal provisions of SB 4 are preempted by federal law, as it indicated it was likely to do in the stay opinion, then really nothing that was said about the removal provisions matters,” Tenny said.
Abbott and other Republicans who approved the law say it’s necessary because President Joe Biden’s administration is not doing enough to prevent illegal border crossings.
Justice Department officials have said it would create chaos in the enforcement of immigration law and affect foreign relations.
Tenny urged the judges to keep the law on hold, saying that nothing had changed since a district judge found the law likely violated the Constitution for interfering with federal authority over immigration.
Ruling at any time
The three-judge panel could issue a ruling at any point on whether the district court judge was correct to block implementation of the law.
In the panel’s 2-1 decision last month, Richman cited a 2012 Supreme Court decision that struck down portions of a strict Arizona immigration law, including arrest power.
Opponents of the Texas law have said it is the most dramatic attempt by a state to police immigration since that Arizona law.
The panel’s March 19 ruling came hours after the U.S. Supreme Court cleared the way for the Texas law to take effect.
The high court, however, did not rule on the merits of the law and sent the case back to the appeals court for further proceedings.
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Crisis at the Texas Border: Immigration Showdown Unfolds
By Anika Ponni, Rutgers University–New Brunswick Class of 2026
March 26, 2024
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Texas has been shrouded in controversy after finding itself at the center of an immigration scandal following the enactment of “Senate Bill 4” or “SB4.” The new anti-immigration measure gives law enforcement the power to detain and deport any residents who have illegally entered the state of Texas. In reality, the bill empowers local and state police officers to round up and arrest anyone they suspect of inhabiting the state illegally. Additionally, those arrested will be deported back to entry ports along the state’s border with Mexico—regardless of whether the migrant is actually even from Mexico.
In response, the Biden Administration has severely admonished SB4 and viewed the State’s transgression as a gross breach of the limits set by the Constitution. Based on previous legal and Constitutional precedents, the federal government should be the only governing body with the power to enforce immigration law.
Currently blocked by an appeals court, the law has remained in a legal limbo of sorts after becoming the target of various lawsuits filed by the U.S. government and the ACLU. Originally, Senate Bill 4 was scheduled to take effect on March 5th. However, the lawsuits delayed this enactment. In particular, a district judge allowed for a “preliminary injunction” to prevent law enforcement from making arrests or unjustly deporting residents while the case was being heard [1].
In his 114–page decision— Judge David A. Ezra of the Western District of Texas—states that “No matter how emphatic Texas’s criticism of the federal government’s handling of immigration on the border may be to some…disagreement with the federal government’s immigration policy does not justify a violation of the Supremacy Clause” of the Constitution [2]
Subsequently, the state of Texas appealed the injunction and the appeals court sought the input of the Supreme Court. The Supreme Court of the United States failed to rule on the constitutionality of the measure and sent the case back down to the lower level appeals court. Thus, ultimately enabling the law to take structure and be implemented for a few hours before the appeals court once again blocked it by issuing an order to allow the previous injunction to stand.
Interestly enough, as the state of Texas continues to deal with various immigration conflicts, the Courts may have to account for international fallout from the rulings as well. According to an Amicus Brief filed with the 5th US Circuit Court of Appeals, Mexico warned of “substantial tension” in regards to U.S.—Mexico relations.
According to the brief: Mexico believes that “Enforcement of SB4 would inappropriately burden the uniform and predictable sovereign-to-sovereign relations between Mexico and the United States, by criminalizing the unauthorized entry of noncitizens into Texas from outside the county and creating diverging removal requirements between and among individual states and the national government…”
Attorneys told the court that the “Enforcement of SB 4 would also interfere with Mexico’s right to determine its own policies regarding entry into its territory, undermine U.S.-Mexico collaboration on a legal migration framework and border management, and hinder U.S.-Mexico trade…”
Foreign Minister—Alicia Barcena—of Mexico: has echoed the U.S. Federal Government's sentiments. According to Barcena, similar to Mexico’s own legal system, U.S. immigration issues should fall under Federal jurisdiction; therefore, the Foreign Minister regards SB4 as “deeply unconstitutional” [3].
As previously cited by Judge Ezra, Republican lawmakers in Texas appear to overwhelmingly support the immigration measure as a means to compensate for the Biden Administration's “permissive” border policies.
According to Texas solicitor general—Aaron Nielson—Senate Bill 4 is necessary because “it helps address what even the president has called a border crisis.”
Nielsen also denies that Texas is trying to appropriate the immigration enforcement capabilities under the Federal Government’s purview.
He states: “That's really not true” and instead believes that "What Texas wants to do is to be able to coordinate with the federal government" [2].
As Texas remains embroiled in political and legal woes, many are reminded of the 2012 Supreme Court decision—Arizona vs. United States. For context, Arizona attempted to create immigration laws that dealt with offenses as “state crimes.” The law required immigrants to carry their legal documents on their persons and present them to law enforcement when prompted to do so. It also gave local and state law enforcement personnel the ability to detain anyone suspected of illegally entering the country. This law left undocumented immigrants fearful of leaving their homes or driving anywhere across the state. The United States Government tried to prevent the measure from being enforced by taking the Arizona state government to federal district court. Ultimately, SCOTUS sided with the Federal government and struck down on most of the provisions enacted by the law [4].
Based on past legal precedent and cases such as Arizona V. United States, many federal prosecutors believe that the much more expansive Texas Law will eventually be deemed unconstitutional. Yet in the meantime, the back-and-forth legal drama does not reflect conducive or effective law-making and enforcement within the country.
______________________________________________________________
Anika Ponni is currently a student at Rutgers University - New Brunswick, pursuing a finance degree in the Honors Program. She hopes to attend law school upon graduation.
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[1] Sullivan, B. (2024, March 20). What to know about SB 4, the Texas immigration law in the courts now. NPR. https://www.npr.org/2024/03/20/1239651676/sb4-texas-immigration-law
[2] Healy, J. (2024, March 19). Texas’ Immigration Crackdown Recalls Arizona’s Divisive “Show Me Your Papers” Law. The New York Times. https://www.nytimes.com/2024/03/19/us/texas-arizona-immigration-law.html
[3] Cole, D. (2024, March 21). Mexico warns US court of “substantial tension” if controversial Texas immigration law takes effect | CNN Politics. CNN. https://www.cnn.com/2024/03/21/politics/mexico-warns-of-substantial-tension-with-the-us-if-federal-court-allows-controversial-texas-immigration-law-to-take-effect/index.html
[4] Arizona v. United States. (n.d.). Oyez. Retrieved March 25, 2024, from https://www.oyez.org/cases/2011/11-182
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mylegalservice · 4 months
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Can I take a visa/entry in the UK after a complete 10 years banned?
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If you were subject to a 10-year immigration based on deception or misrepresentation or for overstaying, once the time becomes spent, you will be entitled to apply for a new visa and entry to the UK. However, in any future application you must disclose that you were subject to an immigration ban.
If you are looking to apply for a new visa to the UK. My Legal Services have vast experience and expertise in UK immigration and EU law matters. They are based in the heart of Central London, Bond Street.
Original Source:- https://www.quora.com/Can-I-take-a-visa-entry-in-the-UK-after-a-complete-10-years-banned/answer/My-Legal-Services-1/log
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comptonconveyancing · 4 months
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Your Trusted Solicitor in Dubai - Compton Conveyancing
For professional legal services that are customized to meet your needs, Compton Conveyancing is the best option when looking for a solicitor in Dubai. Our skilled legal team offers both individuals and corporations comprehensive legal solutions by fusing local and international knowledge. We are dedicated to providing great service with honesty and professionalism, whether you need help with real estate transactions, corporate law, immigration, or any other legal issue. Visit our website to find out more.
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General Milling Corporation vs Torres GR 9366
Topic: Employment of Non-Resident Aliens
Doctrine
Art. 40. Employment per unit of non-resident aliens. –– Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor.
The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.
For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise. (Emphasis supplied)
FACTS
Petitioner Earl Timothy Cone, a United States citizen, as sports consultant and assistant coach for petitioner General Milling Corporation ("GMC") was issued an Alien Employment Permit by the DOLE-NCR on May of 1989. On 27 December 1989, petitioners GMC and Cone entered into a contract of employment whereby the latter undertook to coach GMC's basketball team. Not long after, the Board of Special Inquiry of the Commission on Immigration and Deportation approved petitioner Cone's application for a change of admission status from temporary visitor to pre-arranged employee. February of 1990, petitioner GMC requested renewal of petitioner Cone's alien employment permit. GMC also requested that it be allowed to employ Cone as full-fledged coach, which was granted by the DOLE Regional Director, Luna Piezas, on 15 February 1990.
On one hand, private respondent Basketball Coaches Association of the Philippines ("BCAP") appealed the issuance of said alien employment permit to the respondent Secretary of Labor who, on 23 April 1990, issued a decision ordering cancellation of petitioner Cone's employment permit on the ground that there was no showing that there is no person in the Philippines who is competent, able and willing to perform the services required nor that the hiring of petitioner Cone would redound to the national interest.
Petitioners, on the other hand, contend that hat hiring of a foreign coach is an employer's prerogative and Section 6 (c), Rule XIV, Book I of the Omnibus Rules Implementing the Labor Code is null and void as it is in violation of the enabling law as the Labor Code does not empower respondent Secretary to determine if the employment of an alien would redound to national interest.
ISSUE/S
Whether or not employment of non-resident aliens is an employer’s prerogative.
Whether or not DOLE Secretary has the power to determine the question of availability of local workers.
RULING
The Court ruled in the NEGATIVE. 
Petitioner GMC's claim that hiring of a foreign coach is an employer's prerogative has no legal basis at all. Its right to choose whom to employ is, of course, limited by the statutory requirement of an alien employment permit and they will not find solace in the equal protection clause of the Constitution. 
As pointed out by the Solicitor-General, no comparison can be made between petitioner Cone and Mr. Norman Black as the latter is "a long-time resident of the country," and thus, not subject to the provisions of Article 40 of the Labor Code which apply only to "non-resident aliens." In any case, the term "non-resident alien" and its obverse "resident alien," here must be given their technical connotation under our law on immigration. [Mr. Norman Black was mentioned only once in the ponencia. What can be inferred from this portion is that his circumstance was used by the petitioners as a defense.] 
The Court ruled in the AFFIRMATIVE. 
The Labor Code itself specifically empowers respondent Secretary to make a determination as to the availability of the services of a "person in the Philippines who is competent, able and willing at the time of application to perform the services for which an alien is desired. 
In short, the Department of Labor is the agency vested with jurisdiction to determine the question of availability of local workers. The constitutional validity of legal provisions granting such jurisdiction and authority and requiring proof of non-availability of local nationals able to carry out the duties of the position involved, cannot be seriously questioned.
Petitioners apparently suggest that the Secretary of Labor is not authorized to take into account the question of whether or not employment of an alien applicant would "redound to the national interest" because Article 40 does not explicitly refer to such assessment. This argument (which seems impliedly to concede that the relationship of basketball coaching and the national interest is tenuous and unreal) is not persuasive. 
In the first place, the second paragraph of Article 40 says: "[t]he employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired." The permissive language employed in the Labor Code indicates that the authority granted involves the exercise of discretion on the part of the issuing authority. In the second place, Article 12 of the Labor Code sets forth a statement of objectives that the Secretary of Labor should, and indeed must, take into account in exercising his authority and jurisdiction granted by the Labor Code. 
Thus, we find petitioners' arguments on the above points of constitutional law too insubstantial to require further consideration.
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johnmarksamuel004 · 6 months
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Budgeting for Taxes When Buying a Property in Spain
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Buying a property in Spain is a fantastic opportunity to discover a change of pace and lifestyle, whether you’d like a weekend apartment in Barcelona, a holiday home in beautiful Valencia, or are planning an overseas retirement along the golden coastlines of San Sebastián.
As with all elements of an international acquisition, it is important for you to understand the property ownership rules throughout Spain and the taxation associated with owning a home, holiday property or rental apartment to ensure you budget accordingly.
Here we look at the various costs, tax liabilities and legalities you should be aware of before proceeding with your Spanish property purchase plans.
Rules for Foreign Nationals Buying a Property in Spain
Post-Brexit, purchasing a home in Spain is slightly more complex, but there are no sweeping restrictions. The main requirement is that you will need a Número de Identidad de Extranjero or NIE. This identification number enables foreign nationals to register for taxation or open a local bank account.
You will be issued a number if you register your residency through an Oficina de Extranjeros or immigration office. Expats can also apply for an NIE via their nearest consulate, embassy, or in person by attending a Spanish police station with their passport.
If you plan to spend more than 90 days per 180 days in Spain, you may also need to consider your visa category since this is the maximum stay permitted for third-country travellers without a valid permit or visa.
Options may include:
Applying for the Investor Visa, which grants residency to applicants purchasing a qualifying property for at least €500,000.
Long-stay visas – available for those relocating for work, studying in Spain, opening a business or moving to join Spanish relatives who hold residency or citizenship status.
Non-lucrative residence visas, which allow affluent expats to apply for a renewable residency permit when providing evidence of a minimum income.
Second homeowners may not require a visa if they are not planning to stay in Spain for over the 90-day threshold but will still need an NIE number to be allowed to proceed with a property purchase.
Average Spanish Property Purchase Prices
Spanish property prices differ considerably between high-demand cities such as Madrid, prestigious regions in Andalusia and Catalonia, and the balmy islands of the Balearics. However, as a rough average:
Homes in central metropolitan areas cost around €3,131 per square metre – 38.8% lower than the average for a comparable property in the UK.
Properties in more rural and suburban regions cost roughly €1,977 per square metre – 48.7% more affordable than the British average.
Combined with mortgage interest rates currently over 40% lower in Spain and general living costs of 21.2% beneath those in the UK, buying a Spanish home can be surprisingly affordable, particularly for expats purchasing a second or primary residence having previously lived in London and the southeast.
Taxes and Fees
Alongside the cost of your chosen property, you will need to budget for other outgoings:
Legal fees normally cost around 1% to 2% of the property value.
A local notary will charge a further 1% to 2.5% for services such as registering title deeds and paying title deed taxation charges.
Should you need to apply for financing, mortgage fees are an average of 1% of the purchase value.
Impuesto de Transmisiones Patrimoniales (ITP), the property transfer tax, is payable between 6% and 10% on existing homes. New builds and off-plan developments may be subject to IVA, the Spanish equivalent to VAT, at 10%.
Transfer taxes vary since the autonomous regions throughout Spain have discretion about the tax rates payable. Most purchases that attract an ITP liability need to be settled within 30 days of the completion of the sale, paid online, in person, or via your solicitor.
Tax Obligations for Foreign National Spanish Property Owners
Once your purchase has concluded, you should be conscious of ongoing tax liabilities, which may depend on your tax residency position. For example, if you own a holiday property in Spain but remain a UK taxpayer, you will need to declare any revenues earned through renting the property to HMRC.
Long-term residents will not usually be expected to declare their assets or income to the UK tax office since they will be categorised as Spanish taxpayers. However, there are further considerations around succession planning and inheritance tax.
Impuesto sobre Bienes Inmuebles (IBI) – Real Estate Tax
Each Spanish autonomous region charges a different IBI rate, which is calculated by the local town hall based on the home’s valor catastral (cadastral value). Rates currently vary from 0.4% to 1.1%. As an indication, the annual tax obligation is normally around €400 for an average-sized apartment and €2,000 for a large, detached villa.
Exacciones Municipales – Local Property Taxes
Local taxes are similar to council taxes in the UK and tend to be around €80 per year for an apartment, covering services the municipality provides, such as refuse collections and drainage.
Personal Income Tax
If you rent out a property in Spain for any period or have an empty property, you may be subject to income tax charges. Rental income is taxed on the progressive income tax scales, depending on the rates payable in your region.
An imputed income tax rate may also be payable for vacant homes that are not leased or rented. This tax is calculated based on between 1.1% and 2% of the home’s rateable value. Non-residents with a Spanish property pay the flat rate 24% income tax rate, also based on the same proportion of the catastral value.
Properties with a rateable value updated within the last decade are taxed at 1.1%, whereas those with an unchanged catastral rating are subject to the 2% assessed tax rate.
Spanish Wealth Tax
Spanish tax residents pay wealth tax calculated on their worldwide assets. Non-residents pay wealth tax against their assets or income in Spain, charged yearly against assets held on 31st December.
As with many of the taxes discussed, rates depend on the autonomous region where you live, with some regions offering the minimum tax-exempt asset value of €700,000 and a €300,000 tax exemption for all primary residential properties. Others have generous wealth tax allowances, with Andalusia and Madrid introducing 100% exemptions for residents.
Any taxpayer with wealth of over €2 million will need to file a wealth tax return, even if their taxable wealth falls beneath the exemption value.
Budgeting for Property Taxes on a Spanish Real Estate Acquisition
While we have detailed all of the main taxes levied against properties in Spain, it is important to note that total tax obligations will differ depending on the value of your home, where the property is based, the tax treatments imposed by the local municipality, and whether you are a resident taxpayer.
It is always advisable to speak with a suitably qualified wealth manager or financial adviser to evaluate how your Spanish property will be taxable and to consider further complexities, such as the impact on your estate and exposure to inheritance tax against the value of your Spanish home in the UK and overseas.
For more information about Financial Advisers in Spain of the details in this guide when buying a property in Spain, please get in touch with any of the three Chase Buchanan teams within Spain or complete our enquiry form to arrange a call back at your convenience.
Resource URL: - https://expatfinancialadvisor.blogspot.com/2023/12/budgeting-for-taxes-when-buying.html
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maranofamilylawyers · 6 months
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Find a Will Lawyer in Hurstville
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osbournepinner · 10 months
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Osbourne Pinner Solicitors
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