The document discusses family violence and partner migration in Australia. It provides background on partner visas and the two-stage process for obtaining them. It then discusses the family violence provisions in the Migration Regulations that allow applicants to bypass sponsorship requirements if they have experienced family violence. Key points include: the definition of family violence, requirements for proving family violence through judicial or non-judicial evidence, considerations for determining a genuine relationship, and challenges with gathering sufficient evidence of family violence.
This webinar presentation provides an overview of death benefit nominations in self-managed superannuation funds (SMSFs). It explains that a binding death benefit nomination (BDBN) is a key estate planning tool to dictate how superannuation benefits are distributed upon a member's death. However, BDBNs made under the Superannuation Industry Supervision Regulations are not binding for SMSFs. The presentation discusses factors to consider when deciding what type of death benefit nomination to make, including how much control and flexibility is desired. It also summarizes relevant case law on issues like paying death benefits according to a member's will.
This document provides an overview of Canadian immigration programs, including:
1. Temporary immigration programs such as work permits, study permits, and visitor visas. Work permit categories include the Labor Market Opinion process, NAFTA professionals, intra-company transfers, and live-in caregivers. Study permits allow international students to attend Canadian schools.
2. Permanent immigration programs, which include humanitarian and compassionate grounds applications, refugee protection, and family sponsorships that allow citizens and permanent residents to sponsor defined relatives.
3. Skilled worker and professional categories under the federal program that select immigrants based on skills, experience, education, language ability and other factors.
Presentation for sponsorship and super visaDavid Gauthier
This document summarizes Canada's family sponsorship and super visa programs. It outlines the process for sponsoring a spouse, partner, or dependent child to become a permanent resident, which requires the sponsor to commit to providing financial support for 3-10 years. It also describes the super visa program that allows parents and grandparents of Canadian citizens to visit for up to two years without renewing their status. Key requirements include proof of relationship, minimum income thresholds, valid medical insurance, and a letter of invitation detailing financial support.
VA IMPROVED PENSION WITH A&A INFORMATION SEMINAR- PDFNabors Law Group
This presentation provides information about the VA Improved Pension with Aid and Attendance benefit. It discusses the qualifications for veterans and widows/widowers to receive the pension, how assets and income are assessed, and the monthly award amounts in 2015 which ranged from $719 to $2,120 depending on status. It also notes that proposed new VA rules may increase asset limits but also implement penalties for asset transfers, potentially disqualifying applicants for up to 10 years. The purpose is to make attendees aware of this underutilized benefit and help spread information to patients and clients who may be eligible.
This document discusses estate planning objectives such as planning for disability or incapacity, developing a plan to distribute assets to minimize taxes, and considerations like who should make medical and financial decisions if incapacitated. It outlines documents like powers of attorney, living wills, wills and trusts. It also covers intestacy, probate vs non-probate assets, federal and state estate taxes, and the goals of estate planning such as providing for family and minimizing taxes.
The Department of Education discharges tens of thousands of federal student loans due to the borrower disability. Learn what is need to successfully prove disability to earn a discharge of a federal student loan. Michigan attorney Thomas Golden also explains how a student loan discharge might financially harm certain disabled people.
Providence Retired Teachers Association - Estate & Medicaid PlanningMark Heffner
The document discusses elder law planning topics such as healthcare directives, financial planning, Medicaid eligibility, and transferring assets. It provides an overview of lifetime planning considerations for an individual named Janet, including appointing agents for healthcare and financial decisions. It also discusses Medicaid eligibility criteria around resources, income limits, and penalties for asset transfers within 5 years. Examples are given for both single individuals and married couples applying for long-term care coverage.
This webinar presentation provides an overview of death benefit nominations in self-managed superannuation funds (SMSFs). It explains that a binding death benefit nomination (BDBN) is a key estate planning tool to dictate how superannuation benefits are distributed upon a member's death. However, BDBNs made under the Superannuation Industry Supervision Regulations are not binding for SMSFs. The presentation discusses factors to consider when deciding what type of death benefit nomination to make, including how much control and flexibility is desired. It also summarizes relevant case law on issues like paying death benefits according to a member's will.
This document provides an overview of Canadian immigration programs, including:
1. Temporary immigration programs such as work permits, study permits, and visitor visas. Work permit categories include the Labor Market Opinion process, NAFTA professionals, intra-company transfers, and live-in caregivers. Study permits allow international students to attend Canadian schools.
2. Permanent immigration programs, which include humanitarian and compassionate grounds applications, refugee protection, and family sponsorships that allow citizens and permanent residents to sponsor defined relatives.
3. Skilled worker and professional categories under the federal program that select immigrants based on skills, experience, education, language ability and other factors.
Presentation for sponsorship and super visaDavid Gauthier
This document summarizes Canada's family sponsorship and super visa programs. It outlines the process for sponsoring a spouse, partner, or dependent child to become a permanent resident, which requires the sponsor to commit to providing financial support for 3-10 years. It also describes the super visa program that allows parents and grandparents of Canadian citizens to visit for up to two years without renewing their status. Key requirements include proof of relationship, minimum income thresholds, valid medical insurance, and a letter of invitation detailing financial support.
VA IMPROVED PENSION WITH A&A INFORMATION SEMINAR- PDFNabors Law Group
This presentation provides information about the VA Improved Pension with Aid and Attendance benefit. It discusses the qualifications for veterans and widows/widowers to receive the pension, how assets and income are assessed, and the monthly award amounts in 2015 which ranged from $719 to $2,120 depending on status. It also notes that proposed new VA rules may increase asset limits but also implement penalties for asset transfers, potentially disqualifying applicants for up to 10 years. The purpose is to make attendees aware of this underutilized benefit and help spread information to patients and clients who may be eligible.
This document discusses estate planning objectives such as planning for disability or incapacity, developing a plan to distribute assets to minimize taxes, and considerations like who should make medical and financial decisions if incapacitated. It outlines documents like powers of attorney, living wills, wills and trusts. It also covers intestacy, probate vs non-probate assets, federal and state estate taxes, and the goals of estate planning such as providing for family and minimizing taxes.
The Department of Education discharges tens of thousands of federal student loans due to the borrower disability. Learn what is need to successfully prove disability to earn a discharge of a federal student loan. Michigan attorney Thomas Golden also explains how a student loan discharge might financially harm certain disabled people.
Providence Retired Teachers Association - Estate & Medicaid PlanningMark Heffner
The document discusses elder law planning topics such as healthcare directives, financial planning, Medicaid eligibility, and transferring assets. It provides an overview of lifetime planning considerations for an individual named Janet, including appointing agents for healthcare and financial decisions. It also discusses Medicaid eligibility criteria around resources, income limits, and penalties for asset transfers within 5 years. Examples are given for both single individuals and married couples applying for long-term care coverage.
Estate & Medicaid Planning for Individuals with Alzheimer's DiseaseMark Heffner
A presentation to family caregivers of people living with Alzheimer's, given at the Caregiver's Journey Conference, March 31st, 2016. Conference sponsored by the Rhode Island Alzheimer’s Association.
This document provides an overview of Medicaid eligibility rules and planning presented from the perspective of Rhode Island law. It defines Medicaid and distinguishes it from Medicare, explains why long-term care planning is important given the high costs of nursing home care. It outlines the rules for treatment of income and resources for single individuals and married couples, including exceptions and allowances. It also discusses transfer of asset rules and penalties as well as estate recovery requirements.
Creating A Retirement Paycheck Client Usechadhendrix
The document discusses creating a retirement paycheck and summarizes various retirement income strategies and products. It outlines challenges facing retirees today compared to past generations, such as declining social security benefits and increased healthcare costs. It then summarizes different income sources like annuities, systematic withdrawals, and different annuity types including immediate, deferred, fixed and variable options. It provides a hypothetical case study of a retiree using a mix of products to generate retirement income.
- A revocable living trust allows people to avoid probate, maintain privacy over their estate, and control how and when heirs inherit assets.
- It provides for disability planning so a court does not appoint a conservator and allows people to choose their own medical decision makers.
- A revocable living trust can also help preserve estate and gift tax exemptions which can save millions of dollars in taxes.
The 9 most common myths of Medicaid and Medicaid PlanningMark Heffner
Presented to the Rhode Island chapter of the Alzheimer's Association on Oct. 3, 2013. This talk was Part 4 of the "Getting Started Education Series", given at The Highlands on the East Side, in Providence, RI.
Australia partner visa how to meet de facto relationship requirementsAussizz Group
To apply for an Australian partner visa without being married, applicants must prove they have been in a de facto relationship for at least one year. A de facto relationship is defined as living together or apart temporarily with a commitment to a shared life. Applicants must submit evidence covering how they met and how their relationship developed over time, including financial ties like joint bank accounts, nature of shared household, social acceptance as a couple, and commitment to a long-term relationship. A registered migration agent can help guide applicants through the application process and requirements for a partner visa to Australia.
This presentation describes the current Medicaid eligibility rules and shows various techniques that permits individuals and families to preserve assets in the face of crushing long-term care costs
Numerous federal requirements govern retirement plan distributions upon the death of a participant. Other rules give a plan sponsor flexibility in the payment features it wishes to include. The determination of who receives a participant's death benefit falls into both camps. Accordingly, the qualified plan document and its underlying forms should contain tightly drafted language that is compliant with the current regulations and clear enough to guide the plan administrator on practical execution. This article examines some of the key issues that qualified retirement plan sponsors should consider when reviewing and updating plan documents and administrative procedures to ensure compliance with current beneficiary designation rules.
1) The document provides information about sponsorship breakdowns in Canada, including defining key terms, the legal responsibilities and rights of sponsors and sponsored family members, and implications of sponsorship breakdowns due to abuse or family violence.
2) It explains that a sponsorship breakdown occurs when a sponsor can no longer provide basic necessities for a sponsored family member, potentially resulting in the sponsored family member receiving social assistance. This causes the sponsor to default on their legal sponsorship agreement.
3) The document outlines steps that can be taken if a sponsorship breaks down due to abuse or family violence, such as a sponsored family member being able to access social assistance without contacting their sponsor, and the collection of sponsorship debts being deferred to protect victims
Life Insurance Trusts and Charitable Planning Techniquesscoop85
Learn techniques to provide protection for life insurance proceeds against estate tax exposure and creditors, and how to integrate charitable planning techniques that benefit the client and their family as well as selected charities.
This document provides an overview of family class sponsorship in Canada. It defines key terms like sponsor, co-signer, and sponsored family member. It explains that a sponsor is responsible for providing basic requirements like food, shelter, and healthcare for sponsored family members. It outlines the sponsorship agreement and undertaking that sponsors must sign, committing to support family members for a set period of time. The document discusses implications of sponsorship breakdown, such as sponsors owing debts to social assistance programs if family members require support. It also addresses special considerations for sponsorship breakdowns due to abuse or family violence.
The document provides information and instructions for groups of five private citizens who want to sponsor refugees to come to Canada. It discusses who can sponsor refugees, the forms and documentation required for the sponsorship application, how to fill out the forms including the undertaking, settlement plan, financial assessments and profiles for each sponsor. The document emphasizes ensuring all required information and documentation is provided to avoid delays and for the application to be approved.
The document provides information about aged care costs in Australia, including:
1) Home care packages and respite care can help people stay at home, but have associated costs that are assessed based on income and assets.
2) Residential aged care involves accommodation payments like RADs and DAPs to cover housing costs, as well as daily fees and means-tested care fees to cover living expenses and care.
3) Not being able to afford accommodation payments does not preclude entry to aged care facilities, as places are set aside for financially disadvantaged residents through government subsidies.
The Complete Guide to Canada family Sponsorship Program in 2023 (1).pdfAptech Visa
You must check the criteria for Canada PR eligibility requirements to find out if you are eligible to apply for permanent residence in Canada.
To be able to apply for Canada PR from India through the Express Entry Program, you must have a minimum score of 67 points out of 100.
Read the Document to know more.
Canada Family sponsorship guide in 2023.docxAptech Visa
The Canada Family Sponsorship Program allows Canadian citizens and PR holders to sponsor their eligible loved ones or family members to come and live in Canada as permanent residents.
The program has been a cornerstone of Canada's immigration policy for many years and is expected to continue in 2023.
Explore more on Canada Family sposorship program in this document
Her is a step by step gude to Spouse Visa for Canada : this document will Guide you how to bring your spouse or partner to Canada. Reunite with your loved one and start your life together in Canada.
If you're a spouse or partner of Canadian citizen or PR holder, looking to join your spouse or partner who is in Canada, the spouse visa Canada is the perfect pathway for family reunification. This comprehensive guide provides you valuable information on how to navigate the process of obtaining a spouse visa for Canada. read more in this document
Amit Kakkar Easy Visa | How You Can Take Your Spouse to the UK on Study VisaAmit Kakkar
This document outlines the requirements for obtaining a study visa for a spouse to join their partner in the UK. It discusses that the spouse must prove valid marriage, the partner must have a student visa, and both must prove financial sufficiency. Additionally, the spouse needs academic qualifications, proof of English language proficiency, documentation like passports and police certificates, health insurance, and evidence of accommodation in the UK. Meeting all these financial and documentary requirements is necessary to demonstrate the ability to support oneself during stay in the UK to the Home Office.
This document provides information about estate planning. It discusses that estate planning involves having a definite plan for how one's property will be administered and distributed during their lifetime and after death. It has two components - building an estate through savings, investments, and insurance, and transferring the estate as one wishes after death. Estate planning is important so that a spouse and children or other beneficiaries are provided for. It is recommended to seek expert help with estate planning. A will is a legal document that states how a person's estate will be distributed after death. For a will to be valid, it must be in writing, signed, of sound mind, and have at least two witnesses.
Navigating the Spouse visa in Australia a comprehensive guideseoaives4
Unlock the secrets to securing a Spouse Visa in Australia with our comprehensive guide. Navigate eligibility criteria, required documents, and the application process smoothly. Get reunited with your loved one Down Under today!
This document summarizes guidelines and considerations for financial issues in divorce in New Jersey, including child support, alimony, equitable distribution, and discovery. Some key points:
- Child support guidelines are based on income shares and are presumptive up to $187,200 combined income. Above guidelines, the guidelines amount is the minimum and more can be added based on children's needs.
- Alimony factors include needs, standard of living, income/assets, earning capacity. The 2000 Crews case elevated lifestyle to a super factor.
- Equitable distribution factors are similar to alimony and consider contributions, income, assets, debts, needs. Assets are often split 50/50 but businesses may
Estate & Medicaid Planning for Individuals with Alzheimer's DiseaseMark Heffner
A presentation to family caregivers of people living with Alzheimer's, given at the Caregiver's Journey Conference, March 31st, 2016. Conference sponsored by the Rhode Island Alzheimer’s Association.
This document provides an overview of Medicaid eligibility rules and planning presented from the perspective of Rhode Island law. It defines Medicaid and distinguishes it from Medicare, explains why long-term care planning is important given the high costs of nursing home care. It outlines the rules for treatment of income and resources for single individuals and married couples, including exceptions and allowances. It also discusses transfer of asset rules and penalties as well as estate recovery requirements.
Creating A Retirement Paycheck Client Usechadhendrix
The document discusses creating a retirement paycheck and summarizes various retirement income strategies and products. It outlines challenges facing retirees today compared to past generations, such as declining social security benefits and increased healthcare costs. It then summarizes different income sources like annuities, systematic withdrawals, and different annuity types including immediate, deferred, fixed and variable options. It provides a hypothetical case study of a retiree using a mix of products to generate retirement income.
- A revocable living trust allows people to avoid probate, maintain privacy over their estate, and control how and when heirs inherit assets.
- It provides for disability planning so a court does not appoint a conservator and allows people to choose their own medical decision makers.
- A revocable living trust can also help preserve estate and gift tax exemptions which can save millions of dollars in taxes.
The 9 most common myths of Medicaid and Medicaid PlanningMark Heffner
Presented to the Rhode Island chapter of the Alzheimer's Association on Oct. 3, 2013. This talk was Part 4 of the "Getting Started Education Series", given at The Highlands on the East Side, in Providence, RI.
Australia partner visa how to meet de facto relationship requirementsAussizz Group
To apply for an Australian partner visa without being married, applicants must prove they have been in a de facto relationship for at least one year. A de facto relationship is defined as living together or apart temporarily with a commitment to a shared life. Applicants must submit evidence covering how they met and how their relationship developed over time, including financial ties like joint bank accounts, nature of shared household, social acceptance as a couple, and commitment to a long-term relationship. A registered migration agent can help guide applicants through the application process and requirements for a partner visa to Australia.
This presentation describes the current Medicaid eligibility rules and shows various techniques that permits individuals and families to preserve assets in the face of crushing long-term care costs
Numerous federal requirements govern retirement plan distributions upon the death of a participant. Other rules give a plan sponsor flexibility in the payment features it wishes to include. The determination of who receives a participant's death benefit falls into both camps. Accordingly, the qualified plan document and its underlying forms should contain tightly drafted language that is compliant with the current regulations and clear enough to guide the plan administrator on practical execution. This article examines some of the key issues that qualified retirement plan sponsors should consider when reviewing and updating plan documents and administrative procedures to ensure compliance with current beneficiary designation rules.
1) The document provides information about sponsorship breakdowns in Canada, including defining key terms, the legal responsibilities and rights of sponsors and sponsored family members, and implications of sponsorship breakdowns due to abuse or family violence.
2) It explains that a sponsorship breakdown occurs when a sponsor can no longer provide basic necessities for a sponsored family member, potentially resulting in the sponsored family member receiving social assistance. This causes the sponsor to default on their legal sponsorship agreement.
3) The document outlines steps that can be taken if a sponsorship breaks down due to abuse or family violence, such as a sponsored family member being able to access social assistance without contacting their sponsor, and the collection of sponsorship debts being deferred to protect victims
Life Insurance Trusts and Charitable Planning Techniquesscoop85
Learn techniques to provide protection for life insurance proceeds against estate tax exposure and creditors, and how to integrate charitable planning techniques that benefit the client and their family as well as selected charities.
This document provides an overview of family class sponsorship in Canada. It defines key terms like sponsor, co-signer, and sponsored family member. It explains that a sponsor is responsible for providing basic requirements like food, shelter, and healthcare for sponsored family members. It outlines the sponsorship agreement and undertaking that sponsors must sign, committing to support family members for a set period of time. The document discusses implications of sponsorship breakdown, such as sponsors owing debts to social assistance programs if family members require support. It also addresses special considerations for sponsorship breakdowns due to abuse or family violence.
The document provides information and instructions for groups of five private citizens who want to sponsor refugees to come to Canada. It discusses who can sponsor refugees, the forms and documentation required for the sponsorship application, how to fill out the forms including the undertaking, settlement plan, financial assessments and profiles for each sponsor. The document emphasizes ensuring all required information and documentation is provided to avoid delays and for the application to be approved.
The document provides information about aged care costs in Australia, including:
1) Home care packages and respite care can help people stay at home, but have associated costs that are assessed based on income and assets.
2) Residential aged care involves accommodation payments like RADs and DAPs to cover housing costs, as well as daily fees and means-tested care fees to cover living expenses and care.
3) Not being able to afford accommodation payments does not preclude entry to aged care facilities, as places are set aside for financially disadvantaged residents through government subsidies.
The Complete Guide to Canada family Sponsorship Program in 2023 (1).pdfAptech Visa
You must check the criteria for Canada PR eligibility requirements to find out if you are eligible to apply for permanent residence in Canada.
To be able to apply for Canada PR from India through the Express Entry Program, you must have a minimum score of 67 points out of 100.
Read the Document to know more.
Canada Family sponsorship guide in 2023.docxAptech Visa
The Canada Family Sponsorship Program allows Canadian citizens and PR holders to sponsor their eligible loved ones or family members to come and live in Canada as permanent residents.
The program has been a cornerstone of Canada's immigration policy for many years and is expected to continue in 2023.
Explore more on Canada Family sposorship program in this document
Her is a step by step gude to Spouse Visa for Canada : this document will Guide you how to bring your spouse or partner to Canada. Reunite with your loved one and start your life together in Canada.
If you're a spouse or partner of Canadian citizen or PR holder, looking to join your spouse or partner who is in Canada, the spouse visa Canada is the perfect pathway for family reunification. This comprehensive guide provides you valuable information on how to navigate the process of obtaining a spouse visa for Canada. read more in this document
Amit Kakkar Easy Visa | How You Can Take Your Spouse to the UK on Study VisaAmit Kakkar
This document outlines the requirements for obtaining a study visa for a spouse to join their partner in the UK. It discusses that the spouse must prove valid marriage, the partner must have a student visa, and both must prove financial sufficiency. Additionally, the spouse needs academic qualifications, proof of English language proficiency, documentation like passports and police certificates, health insurance, and evidence of accommodation in the UK. Meeting all these financial and documentary requirements is necessary to demonstrate the ability to support oneself during stay in the UK to the Home Office.
This document provides information about estate planning. It discusses that estate planning involves having a definite plan for how one's property will be administered and distributed during their lifetime and after death. It has two components - building an estate through savings, investments, and insurance, and transferring the estate as one wishes after death. Estate planning is important so that a spouse and children or other beneficiaries are provided for. It is recommended to seek expert help with estate planning. A will is a legal document that states how a person's estate will be distributed after death. For a will to be valid, it must be in writing, signed, of sound mind, and have at least two witnesses.
Navigating the Spouse visa in Australia a comprehensive guideseoaives4
Unlock the secrets to securing a Spouse Visa in Australia with our comprehensive guide. Navigate eligibility criteria, required documents, and the application process smoothly. Get reunited with your loved one Down Under today!
This document summarizes guidelines and considerations for financial issues in divorce in New Jersey, including child support, alimony, equitable distribution, and discovery. Some key points:
- Child support guidelines are based on income shares and are presumptive up to $187,200 combined income. Above guidelines, the guidelines amount is the minimum and more can be added based on children's needs.
- Alimony factors include needs, standard of living, income/assets, earning capacity. The 2000 Crews case elevated lifestyle to a super factor.
- Equitable distribution factors are similar to alimony and consider contributions, income, assets, debts, needs. Assets are often split 50/50 but businesses may
I-134/I-864 Affidavit of Support: How Much Money is Enough?mbashyam
This document summarizes the requirements for I-134 and I-864 Affidavits of Support. The I-134 is generally not legally binding but is required for some visa applications to show the applicant will not be a public charge. The I-864 is legally binding and required for most family-based immigration cases to prove the sponsored immigrant will not need public benefits. It details the income requirements sponsors must meet based on household size and allows alternatives like assets or joint sponsors if income is insufficient. The obligations and potential enforcement consequences of the I-864 by government agencies or the immigrant are also outlined.
This document provides summaries of recent family law cases related to financial remedy orders. It discusses the case of Wyatt v Vince, where the Supreme Court provided guidance on delay and striking out applications for financial relief made after divorce. It also summarizes the case of Wright v Wright regarding spousal maintenance and the principles from the case of SS v NS, where a judge outlined 11 points of guidance for spousal maintenance awards. The document provides legislative background on financial orders under the Matrimonial Causes Act 1973 and analyzes these recent cases that have impacted family law practitioners.
Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA) is required for most family-based and some employment-based immigrants to show that they have adequate means of financial support and are not likely to become public charge. Immigrants who are deemed likely to become public charges may gain admission to the United States if a sponsor signs United States Citizenship and Immigration Services Form I-864, Affidavit of Support, thereby promising to maintain the sponsored immigrant at no less than 125% of the Federal Poverty Guidelines for the immigrant's household size. See 8 CFR § 213a.2(c)(2). The Sponsor's promise to maintain the immigrant is intended not only to protect the immigrant from poverty, but to protect the Government from a public burden.
In the intricate web of immigration regulations, the UK Unmarried Partner Visa stands as a gateway for couples seeking to build a life together in the United Kingdom. This visa is designed for individuals who are in a genuine and long-term relationship with a British citizen or a person settled in the UK.
Guide to sponsor Canadian Spouse visa.pdfAptech Visa
Once you get settled in Canada after your hard bound efforts the immediate thing that plan is your family unification. That’s very justifiable everyone Individual wishes to live with their family to simplify and beautify his or her life. Are you going through the same dilemma of how to unify your family? Let’s Explore In this document.
This document provides guidance on estate planning for blended families. It discusses the importance of planning for death, disability, and divorce/separation when there are children from previous relationships. The key elements are wills, powers of attorney, representation agreements, trusts, beneficiary designations, and cohabitation agreements. Careful consideration must be given to balancing the interests of spouses and children to avoid potential conflicts down the road. Joint retainers also require informed consent due to potential conflicts of interest.
The document discusses various financial strategies for women, including funding a child's education, planning for retirement, concerns related to widowhood or divorce, and estate planning. It provides information on topics like saving for college, social security benefits, life insurance, wills, trusts, and business continuation planning. Key financial goals for women include preparing for longevity in retirement, maintaining assets, and passing wealth to future generations.
This document provides guidance on defining, preventing, and reporting fraud involving federal education grant funds. It defines fraud and the two types - civil and criminal. It discusses who commits education fraud, examples of fraud, applicable laws like the False Claims Act, and vulnerabilities in grant administration that could enable fraud. Unallowable costs under federal cost principles are also outlined. The document aims to help grant recipients and administrators identify and report potential fraud.
The document discusses the importance of estate planning and how life changes can necessitate revisions. It notes that key assumptions people often have about estate planning, such as living forever or never needing long-term care, are generally false. The document then provides examples of legal documents used in estate planning like wills, trusts, powers of attorney, and outlines factors to consider when creating or revising an estate plan.
Megan Brand and Susie Germany: Planning for the future needs of your loved on...Ursula Webhofer
The document summarizes a presentation given on planning for the future needs of loved ones with disabilities. It provides an overview of Social Security, Medicaid, and other benefits programs. It discusses the use of trusts to protect benefits eligibility and outlines different types of trusts including first party, third party, pooled, and ABLE trusts. The presentation covers topics like guardianship, estate planning, and what expenses trusts can be used for. Representatives from CFPD and The Germany Law Firm were available to answer questions.
http://ekinsurance.com/personal/how-to-buy-long-term-care-insurance/
Statistics indicate that over half of all people over age 50 will require long-term care.
This presentation provides an overview of the road map needed to avoid the land mines and traps related to Medicaid. Proper planning is needed to preserve a legacy, cover final expenses and still be eligible for all available Medicaid benefits.
3. BACKGROUND
Australia’s migration program as a whole is divided into two distinct programs
for permanent migrants:
Skilled and family migrants
Humanitarian program
6. QUESTION 1
Overall, has the number of migrants under partner visa schemes
increased or decreased in the last four years (to the financial year
ending 2013-14)?
7. ANSWER
Increased by almost 7000 migrants to 61 112 in the 2013-14 financial
year. This number is predicted to drop slightly during the 2014-15
financial year to 60 885.
http://www.immi.gov.au/media/statistics/statistical-info/visa-grants/migrant.htm
8. QUESTION 2
How many people were granted partner visas in the 2013-14 year?
a) 47 752
b) 61 387
c) 85 276
9. ANSWER
a) 47 752
This number is not predicted to change much for the 2014-15 financial
year.
http://www.immi.gov.au/media/statistics/statistical-info/visa-grants/migrant.htm
10. QUESTION 3
Roughly what percentage of the total migration program did partner visas
account for in the 2013-14 financial year?
a) 13%
b) 46%
c) 25%
11. ANSWER
c) 25%
In the 2013-14 year family migration accounted for 32.2% of the total
migration to Australia.
http://www.immi.gov.au/media/statistics/statistical-info/visa-grants/
12. PARTNER VISAS: OVERVIEW
Applications can be made either inside or outside Australia
Available to people who are married or in a de facto relationship with an
Australian partner (the sponsor)
Applicants must meet requirements set out in the legislation
13. PARTNER VISA APPLICANTS
that they have a mutual commitment to a shared life together, to the exclusion
of all others;
they have a genuine and continuing relationship; and
that they live together or do not live separately and apart on a permanent
basis.
14. PARTNER VISAS: 2 STAGE PROCESS
STAGE ONE
12 month requirement (waived in certain situations)
Applicable visa subclasses:
Applicant within Australia
Subclass 820 (temporary)
Applicant outside Australia
Subclass 309 (temporary)
15. PARTNER VISAS: 2 STAGE PROCESS
STAGE TWO
Two year waiting period (waived in certain circumstances)
Applicable visa subclasses:
Applicant within Australia
Subclass 801
Applicant outside Australia
Subclass 100
Access to family violence provisions? Yes.
16. PROSPECTIVE MARRIAGE VISA
Subclass 300
Requirements:
18+
Have met their sponsor, in person, since they both turned 18;
Be known to their sponsor;
Possess a genuine intent to marry within the visa period;
Be able to enter into a marriage that is valid under Australian law (that is,
there must be no impediment to their marriage).
Access to family violence provisions? Yes.
17. SKILLED MIGRANTS
Family violence provisions ONLY apply to pre- 1/7/2012 visa applicants in the
following classes:
Established Business in Australia (subclass 845)
State/Territory Sponsored Regional Established Business in Australia
(subclass 846)
Labour Agreement (subclass 855)
Employer Nomination Scheme (subclass 856)
Regional Sponsored Migration Scheme (subclass 857)
NOTE: this avenue was only available prior to 1 July 2012.
18. RECAP – WHEN CAN AN APPLICANT
ACCESS THE FAMILY VIOLENCE
PROVISIONS?
Partner visa applicants (second stage)
Prospective marriage visa applicants
Former Option: As secondary applicants on older skilled migration visas
Secondary applicant of a Distingushed Talent (subclass 858) visa who has
experienced family violence by the primary applicant.
21. GENUINE PARTNER RELATIONSHIP
Must prove that the relationship was genuine until it ceased.
De facto relationships are under an additional requirement to have existed for
more than 12 months prior to the application for a visa.
Exceptions:
compassionate and compelling circumstances;
Registered relationships as prescribed by Acts Interpretation
(Registered Relations) Regulations 2008 (2008) – same sex and
otherwise
If the exceptions apply, relationships less than six months are not fatal to an
application
22. GROUP DISCUSSION
What considerations do you think the decision maker would take into
account when assessing a relationship as “genuine”?
23. PRESCRIBED CONSIDERATIONS
The Regulations prescribe a list of considerations to be taken into account:
The financial aspects of the relationship;
The nature of the household;
Social context of the relationship;
The nature of the commitment to each other
These matters MUST be taken into account for certain visas, and are
discretionary considerations for others.
24. FINANCIAL ASPECT OF RELATIONSHIP
Joint names on a lease/mortgage;
Being a guarantor for the partner’s debt;
25. NATURE OF THE HOUSEHOLD
Living together at the same date with the partner;
Household duties roster;
Advertisement of the property listing them as a couple;
26. SOCIAL ASPECTS OF THE
RELATIONSHIP
Proof of joint travel, participation in sports
Statements from family and friends regarding the relationship
Joint invitations to social events
Registration of the relationship in the State;
27. NATURE OF THE COMMITMENT TO
EACH OTHER
Birth certificates of children;
Copies of wills, superannuation and/or life insurance;
Knowledge of each other’s background
28. STATUTORY DECLARATIONS
Form 888 – Statutory declaration by
a supporting witness
Statutory Declaration – Partner Visa
(Applicant)
Stat Decs play an important role in
considering a “genuine partner
relationship”, particularly where no
evidence can be provided.
If this is the case, the Statutory
Declaration should be of a high
standard to explain the relationship
thoroughly.
29. CASE STUDY 1: 13311376 [2013] RRTA
889
Pregnancy of applicant to the partner;
Documents of financial transfer;
Letters of support from witnesses and religious leaders;
Oral evidence given in the hearing.
HELD: The applicant had been in a genuine partner relationship
30. CASE STUDY 2: 1011421 [2012] MRTA
3220
Gay couple
Moved in together after one month;
Travelled on holidays together;
Delegation of household duties;
Familiarity with each other’s family members;
Pooled funds.
Found to be a genuine and continuing relationship.
31. CASE NUMBER 3: 1401877 [2014] MRTA
2039
Joint bank account statement;
Lease in joint names;
Loan for applicant taken in partner’s name for financial purposes;
Financial support for the individual and her family;
Moved into a share house with him when entering Australia, commenced a
relationship two weeks weeks later;
Sworn statement of partner and witness;
Photographs
HELD: Found to be in a genuine partner relationship
32. CHALLENGES
Practical considerations – partners of abusive relationships may be sheltered
socially and financially – difficulty in obtaining evidence of joint relationship
Cultural standards and gender roles – one partner may be responsible for the
finances, etc
Evidentiary standard of evidence
Solutions: May need to perform an inquisitive role which can be overlooked by
the client e.g. couple pays a visit to the fertility clinic
34. FAMILY VIOENCE PROVISIONS IN
THE MIGRATION REGUALTIONS
Usually a person who has obtained a visa because of a relationship must be
sponsored by their partner for 2 years before they can obtain permanent
residency
Exceptions
There is a child to the relationship
Death of a spouse
There has been family violence during the relationship
35. WHERE ARE THE FAMILY
VIOLENCE PROVISIONS?
MIGRATION REGULATION 1994
The Migration Regulations Div 1.5 (Regulations 1.21-1.27)
36. WHAT IS FAMILY VIOLENCE?
Migration Regulation – Regulation 1.21
Conduct (whether actual or threatened)
Towards the:
alleged victim OR
family member of the alleged victim/ perpetrator OR
Property of the alleged victim or a family member of the alleged
victim/perpetrator
That causes the alleged victim to reasonably fear for, or be reasonable
apprehensive about, his or her own wellbeing or safety
37. WHAT CONDUCT WILL FALL
WITHIN THE DEFINITION OF
FAMILY VIOLENCE?
Sok v MIMIA (2005) FCAFC 56 provides that family violence includes a wide range of
behaviour
Involves an abuse of power
Not limited to physical violence or threats of physical violence
38. WHAT IS REQUIRED TO PROVE
FAMILY VIOLENCE?
Currently, regulation 1.23 of the Migration Regulations indicates that domestic/
family violence can be established using either judicial or non-judicial evidence.
EVIDENCE OF FAMILY
VIOENCE
JUDICIALLY
DETERMINED
EVIDENCE
NONJUDICIALLY
DETERMINED
EVIDENCE
39. JUDICIAL EVIDENCE
EVIDENCE OF FAMILY
VIOENCE
JUDICIALLY
DETERMINED
EVIDENCE
NONJUDICIALLY
DETERMINED
EVIDENCE
INJUNCTION
CONVICTION
COURT ORDER
The 3 types of judicially
determined evidence are found
under regulation 1.23 in the
Migration Regulations.
40. JUDICIAL EVIDENCE
If it is at all possible, it is better to provide the decision-maker with judicial
evidence in order to prevent the claim from being referred to the independent
expert under regulation 1.23(10).
If your evidence is determined judicially, then there is no need for non-judicial
evidence.
41. TIMING
The Regulations state that the violence that led to the making of the
injunction, court order or conviction must have occurred while the
married relationship or de facto relationship existed between the
alleged perpetrator and the spouse or de facto partner of the alleged
perpetrator.
43. JOINT UNDERTAKING
Under the Regulations, a joint undertaking made to a court by the applicant
(alleged victim) and the sponsor (alleged perpetrator) in relation to proceedings
in which an allegation of violence is before the court will be considered non-
judicially determined evidence.
However, it is often difficult for this form of non-judicial evidence to be utilised
successfully in a claim under the family violence provisions.
44. EVIDENCE
Under regulation 1.23(9), evidence presented in accordance with reg 1.24
must show that the applicant has suffered “relevant family violence”. Relevant
family violence is defined in reg 1.21.
“relevant family violence means conduct, whether actual or threatened,
towards:
(a) the alleged victim; or
(b) a member of the family unit of the alleged victim; or
(c) a member of the family unit of the alleged perpetrator; or
(d) the property of the alleged victim; or
(e) the property of a member of the family unit of the alleged victim; or
(f) the property of a member of the family unit of the alleged perpetrator;
that causes the alleged victim to reasonably fear for, or to be reasonably
apprehensive about, his or her own wellbeing or safety.”
45. CHANGES TO NON-JUDICIALLY
DETERMINED EVIDENCE
New non-judicial evidentiary provisions came into effect on 24 November 2012
From this date the required evidence in regulation 1.24 has been;
Statutory declaration from the spouse or de factor partner of the
sponsoring spouse; and
the type and number of items of evidence as prescribed in Legislative
Instrument IMMI 12/116 Evidentiary Requirements Paragraph 1.24(b) (the
Legislative Instrument).
46. A) STATUTORY DECLARATION
Applicants are encouraged to use Form 1410; if this is not used then applicants
must include the following information in a statutory declaration;
set out the allegation; and
name the person alleged to have committed the relevant family violence;
and
if the conduct of the person alleged to have committed the relevant family
violence was not towards the alleged victim:
name the person whom the conduct of the alleged perpetrator was
towards; and
identify the relationship between the maker of the statutory
declaration and the person whom the conduct was towards.
47. B) EVIDENCE IN LEGISLATIVE
INSTRUMENT
The Legislative Instrument provides that a minimum of two items
(and no more than one of each type) from the list in Schedule 1
be presented.
Schedule 1 lists each type of evidence and prescribes what
information is to be provided in each type. It is important to note
that the two documents do not necessarily have to relate to the
same victim. For example, one document may relate to the
partner of the alleged perpetrator (eg a statutory declaration of a
psychologist), and another may relate to their dependent child (eg
medical report).
48. GENUINE & CONTINUING
RELATIONSHIP
Applicants seeking to rely on the special exception provisions after the
relationship has ceased must also establish that the relationship was of a
genuine and continuing nature until the relationship ended.
The decision maker must determine whether a spousal relationship existed
under regulation 1.15A (for married relationship) or regulation 1.09A (for de
facto relationship) of the Migration Regulation.
49. In determining whether the requisite relationship existed, the decision maker
must consider
all of the circumstances of the relationship, including:
financial aspects of the relationship,
nature of the household,
social aspects of the relationship and
nature of the persons’ commitment to each other
(see subregulation 1.15A(3) in relation to a married relationship; see
subregulation 1.09A(3) in relation to a de facto relationship).
CONSIDERATIONS
51. WHAT ARE THE PROBLEMS WITH
PROVING FAMILY VIOLENCE?
Practically it can be very difficult to prove family violence
It is often conducted in the private sphere
It may be conducted in front of members that don’t see anything wrong with
the conduct due to cultural differences
The vulnerability to coercion and control of victims whose migration status is
uncertain
http://www.alrc.gov.au/publications/6.%20Other%20Statutory%20Definitions%20of%20Family%20Violence%20/migration-
legislation#_ftnref185
52. WHAT IF THE DECISION MAKER IS
NOT SATISFIED THAT FAMILY
VIOLENCE HAS OCCURRED?
The matter may be referred to an independent expert to determine whether
family violence has occurred.
The decision maker MUST follow the decision of the independent decision
maker, and for this reason is it VERY important that the strongest case possible
is put forward to the decision maker
53. WHERE WILL A CASE BE
REFERRED TO THE INDEPENDENT
EXPERT?Only cases that rely on non-judicial evidence can be referred to the independent expert. The
cases may be referred where there are:
Questions of credibility
Information in application is vague or ambiguous
Where family violence is not committed against the alleged victim but a family member, and
the alleged victim is having trouble providing sufficient evidence as resulted in them being
reasonably fearful or apprehensive about their own wellbeing and safety
Dismissed or lost court cases
Conflicting evidence (i.e. a statutory declaration from a professional that conflicts with a
statutory declaration from another professional)
The circumstances of the relationship (amount of time in Australia, amount of time spent apart,
the length of the relationship etc.)
Sequence of events (i.e. where the client notifies the department that the relationship has
ended but does not initially state that family violence has occurred)
54. PROBLEMS WITH BEING
REFERRED TO THE INDEPENDENT
EXPERT
Denial of procedural fairness
Interrogation, rather than an assessment
55. FAMILY VIOLENCE AND RAILS
Family violence is –
A priority
The highest caseload of RAILS
A core service delivery of RAILS
RAILS will –
Provide legal support
Provide non-legal support
Abide by professional obligations
59. QUESTION 1
What conduct could fall within the definition of family violence –
remembering that the behaviour must cause the person to reasonably
fear or be reasonably apprehensive about their wellbeing or safety?
62. ANSWER
Occurs privately
Language barriers
Individual has been threatened
No trust in the authorities to help
63. QUESTION 3
How can we avoid the case being sent to the independent expert?
64. ANSWER
Using judicial evidence where possible
Strong evidence if having to rely on non-judicial evidence
65. QUESTION 4
What are the main four considerations for a genuine partner
relationship
66. ANSWER
Financial aspects – joint ownership; shared finances/bills; shared
legal commitments
Nature of the household – living arrangements; joint responsibility of
children
Social context – social acceptance as a couple; public declarations of
relationship; joint travel
Nature of commitment to each other – knowledge of partners
background; future plans; inclusion into legal documents (e.g. wills)
67. QUESTION 5
What challenges might a visa applicant encounter in proving a genuine
relationship? What solutions would you suggest to counteract these?
68. ANSWER
Some examples are…
• Scared witnesses afraid evidence might be leaked;
• A potential lack of evidence resulting from a restrictive and
controlling relationship;
• The applicant may have forgotten, or may not be aware of,
evidence would could prove crucial to the consideration of a
genuine relationoship.
Did you think of any others?
69. QUESTION 4
Why do we want to avoid the case being sent to the independent
expert?