Public Justice and Law
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Injury Law

Injury And Criminal Lawyer For The Greater Lynchburg Area

In more than 35 years as an attorney in both federal and state courts, I have seen almost every kind of case come across my desk at the law office of Sid Kirstein, Attorney at Law. In that time, my experience has grown beyond simple representation. Based upon my expertise, I am able to customize my approach to every individual I represent.

I firmly believe that a successful and experienced lawyer can take on any legal matter if he or she will devote sufficient time to get to know the client and study the law applicable to the case. This is what I do for a living. While I have spent a significant amount of my practice as an injury and criminal defense lawyer for the Greater Lynchburg area, I also have history of success representing clients across Virginia in a wide range of other cases, including:

  • Medical and legal malpractice
  • Personal injury, motor vehicle accidents, wrongful death claims and DUI driver accidents
  • Criminal defense ranging from misdemeanor to serious felonies, including drug and theft crimes
  • Divorce, including child custody, visitation, child support and other family law matters
  • Lemon law and defective products
  • Real estate disputes and construction disputes
  • Estate planning, including wills and powers of attorney

Going The Extra Mile With Integrity And Personal Attention

When an individual walks into my office, a legal matter has already disrupted his or her life. I do whatever I can to ease the legal burden for him or her, remaining straightforward and informative through all of our communication. I want my clients to understand what their legal dispute involves and how it will affect their lives.

While I am very comfortable taking matters into the courtroom for my clients, I will only do so if necessary. If skillful negotiation becomes appropriate for your case, then I will advise you as such. Similarly, if you have no bullets in the gun, then I will let you know so that you do not go into battle with no ammunition, so to speak. There is no sense in spending your time, hard-earned money and resources on a legal matter that will not get you anywhere.

Business Law

New Zealand Business Visa & Work Permit Policy

New Zealand Business Visa / Work Permit policies are complex, and cover Long Term Business Visa & Work Permits, Entrepreneur and Employees of Relocating Business categories. For those wishing to emigrate to NZ, this page provides an outline of some of the current Immigration NZ Business Visa categories. For detailed information and advice, contact us directly:

The objective of Business Immigration policy is to contribute to economic growth through:
a. Increasing New Zealand’s level of human capital;
b. Encouraging enterprise and innovation; and
c. Fostering external links.

Long Term Business Visa:

Whilst the Long Term Business Visa / Permit does not immediately provide applicants with permanent residence, it caters for business people who are interested in applying for residence under the Entrepreneur Category, or those who are interested in establishing a business in New Zealand but without living permanently in New Zealand. In order for an applicant to be granted a Long Term Business Visa (for up to three years) applicants must provide a comprehensive business plan, financial forecasts, evidence of available investment capital and maintenance funds as well as evidence of previous relevant business experience. Principal applicants must also meet the English language requirement of a suitable English language background or an overall band score of 5.0 on the IELTS examination.  In addition to other strict criteria, the mandatory health and character checks also apply. The Long Term Business Visa can only be renewed once in order to gain permanent residence subsequent to holding a Long Term Business Visa, applicants must then apply under the Entrepreneur Category.

Entrepreneur Category:

The objective of the Entrepreneur Category is to attract migrants who can demonstrate they have been actively participating in business and contributing to New Zealand’s economic development. In order to qualify under this category, principle applicants must provide evidence that they have already either established or substantially invested (own at least 25 per cent of the business) in a successful business in New Zealand. Principle applicants need to demonstrate that the business is benefiting New Zealand in some way and that they have been self employed in New Zealand in that business for at least two years. Principal applicants in this category are required to prove their English language ability either by passing the IELTS English examination with an overall band score of 5.0 or by providing evidence of an English language background.  The mandatory health and character requirements apply.

The Investor Category:

If you are looking to emigrate to New Zealand under the Migrant Investment Policy; there are two options under this policy:

Investor Plus (Investor 1) – An application for residency can be lodged directly
Investor (Investor 2) – EOI is required; if you are invited to apply, residence must be lodged within three months.

To enter into the EOI Pool, you must meet prerequisites for health, character, English language, age, business experience, investment funds and settlement funds, and have a minimum points score of 20 or more. These points accrue from the minimum requirements for:

English language – IELTS 3 level:  1 point
Age – 65 years:  0 points
Business experience 3 years:  9 points

There is no pass mark for EOIs being selected from the Pool. EOIs will be selected periodically from the Pool according to their points ranking in sufficient numbers to suit the places available under the Investor (Investor 2 Category) at the time of selection Investment funds NZ$1.5 million: 10 points.

Requirements for business experience

Business experience is recognised if it is experience in planning, organisation, control, senior change-management, direction-setting and mentoring acquired through ownership of, or management level experience in, a lawful business enterprise that has at least five full-time employees and an annual turn-over of NZ$1 million. Ownership means owning at least 25 percent of a business.

You can come to New Zealand to investigate investment opportunities once your application has been approved in principle.

Once your application is approved in principle you are eligible for a 12 month multiple entry work visa to come to New Zealand to investigate investment opportunities.

If applicable, your partner and children are eligible for multiple entry visitor’s visas for the same period. If your children wish to study during this period they will have to apply for a student visa and meet student policy.

A further 12 month multiple entry work visa is available if needed.

Employees of Relocating Businesses:

The objective of this category is to assist in promoting New Zealand as a place in which to invest and locate business and facilitates the granting of residence to employees of businesses relocating to New Zealand who do not qualify for residence under any existing categories. In order to qualify for residence under this category, applicants must demonstrate that they are a key employee of the business who would therefore be essential to the operation of the relocated business in New Zealand. Applicants are subject to the minimum standard of English criteria (either passing the IELTS English examination with an overall band score of 5.0). Applicants are also subject to the mandatory health and character requirements.

In addition to providing advice and preparing applications under the above mentioned standard categories for temporary entry and permanent residence to New Zealand, we also specialise in the more complicated legal processes such as appeals to the Residence Review Board, Removal Review Authority, Refugee Status Appeals Authority and direct appeals to the Minister of Immigration.

Business Law

New Zealand Immigration – Doors Open For Business

While many countries close their doors to immigration due to the economic recession, New Zealand is paving the way with a bold move to encourage investors and business migrants.

The New Zealand Prime Minister John Key has made firm statements of this government’s commitment to keep the immigration doors open, despite the economic recession. As an entrepreneur himself, Mr Key recognizes that the recession necessarily creates its own opportunities for business investment in New Zealand and that this investment and capital injection from offshore is exactly what is needed for the sustainable growth of the economy.

With a focus on business migrants, the government is concentrating on job creation and export earnings, as well as taking a favorable view of high net worth migrants seeking retirement in New Zealand that can indemnify New Zealand from all health, welfare and superannuation costs. The ‘bottom line’ so to speak, is that New Zealand is open for business to those migrants with the experience and capital to invest in the New Zealand economy.

“New Zealand very much welcomes investors”, says Jay, Director of Immigration Law Advocates. “The team and I are on hand to discuss any queries that potential investors may have with regards to business and working visas”. “There are various avenues an investor or high net worth migrant can proceed with and we are here to help guide them”.

New Business Immigration Policies Released 28 July 09

The Government’s new business migration scheme launched 28 July 09 aims to boost economic performance by making New Zealand more attractive for business and entrepreneurial migrants. The new policy package is designed for migrants for migrants who want to invest or set up a business in New Zealand and gain permanent residence.

Family Law

New Zealand Permanent Residence Visa Policy

New Zealand Permanent Residence Visa policies are complex, and cover Skilled Migrant, Partnership and Parent categories. For those wishing to immigrate to New Zealand, this page provides an outline of some of the current Immigration NZ Permanent Residence Categories. For detailed information and advice, contact us directly:
Skilled Migrant Category:

The Skilled Migrant Category is a points based system of assessment for eligibility for permanent residence to New Zealand.

Applicants under this category are entitled to score points for factors including age, qualification, work experience and job offer. For an indication of the points assessment please refer to the Skilled Migrant Category Points System Schedule.

The Skilled Migrant Category is now a two step process. Applicants will first submit an Expression of Interest Form indicating their points assessment. In order to qualify to submit an Expression of Interest, applicants must reach a minimum of 100 points. Once the Expression of Interest is duly lodged with Immigration New Zealand, the application is retained in the “pool” of applications for a maximum period of three months. Every two weeks, the top point scorers of the pool are selected and subsequently invited to apply for permanent residence. Applications that have not been selected will remain in the pool until either they are selected or until they have remained unsuccessfully in the pool for the maximum of six months. After this period, unsuccessful applicants may resubmit a new Expression of Interest if so desired. There is no limit to the number of applications an individual can make.

Due to the fact that selections are made on a bi-weekly basis, the pass mark may be subject to change at these intervals.

Under the Skilled Migrant Category, applicants must meet the mandatory requirements of good health, good character, appropriate English language (IELTS of 6.5 or a recognized English language background), and be no older than 55 years of age. Whilst qualifications and New Zealand job offers are not requirements for this category, applicants are unlikely to be successful without having first secured an offer of employment. For this reason, it is advisable to initially secure a job offer and work visa in New Zealand. This not only demonstrates settlement ability but also can lead to the entitlement to Bonus Points under the Skilled Migrant Category.

It is important to note that in an attempt to attract migrants with skills that have been identified as advantageous to New Zealand or otherwise in short supply, Immigration New Zealand have limited eligibility only to those migrants that are deemed to be “skilled” in respect to the list of recognized occupations. In order to be deemed as skilled the occupation must be recognised by INZ and the applicant must meet the specified experience or qualification requirements. Therefore, some occupations and industries will not be recognized and excluded from eligibility under the Skilled Migrant Category. Consequently, it is important to ensure that you are fully aware of these restrictions prior to lodging an Expression of Interest with the Immigration New Zealand.

Family Category:

The objective of Family Category policy is to allow individuals to maintain and be part of a family unit, while reinforcing the governments overall objectives in immigration policy. The category is therefore broken up into a number of sub-categories including Partnership policy, Parent policy, and Dependent Child policy.

Partnership Category:

Applicants seeking approval under the Partnership policy will only be eligible for the grant of residence once the Principal Applicant has been living with the New Zealand citizen or resident partner for a minimum of 12 months. However, an application for residence may be lodged with the INZ prior to the 12 month qualifying period and a decision will then be deferred until the couple have met the requisite 12 month period.

Business Law

New Zealand Temporary Entry Visa Policies

New Zealand has a range of Temporary Visa options to provide for short-term stays in the country. These include Visitor Visa, Student Visa, Limited Purpose Visa, Work Visa and Parent/Granparent Visa.

If you wish to Migrate to New Zealand, the following are some of the current INZ Temporary Entry Categories:

New Zealand Visitors Visa

If you wish to visit New Zealand, the maximum stay that a visitor may enjoy in New Zealand varies according to whether or not they are financially supporting themselves, have previously worked or studied in New Zealand, or whether they have been previously sponsored in New Zealand. The general rule, is that visitors may stay in New Zealand for a total of nine months in an eighteen month period. However some visitors may qualify for an additional three months if they are financially supporting themselves, have not previously worked or studied and were not previously sponsored in New Zealand. Twelve months in a twenty four month period is the maximum stay that a visitor may enjoy. Subsequent to this maximum time spent in New Zealand, visitors are required to spend an equal amount of time outside of New Zealand before being eligible to return as a visitor.

New Zealand Student Visa

New Zealand is a popular destination for students around the world due to the quality of educational facilities and the international recognition of New Zealand qualifications.  To study in New Zealand, students are permitted entry to undertake studies of both short and long term courses at approved educational institutes throughout New Zealand. Students are permitted to remain in New Zealand for a period of time commensurate with the length of the course which they are undertaking or the period of time for which tuition fees have been paid (whichever is the lesser). In order to maintain the right to hold a student visa, students are required, among other things, to make satisfactory progress in their course of study.

For those students wishing to undertake part time work during the course of their study, special conditions apply. Spouses, partners and dependent children of student visa holders are entitled to visitor visas for a period of time commensurate with that of the student permit.

Limited Purpose Visa

The Limited Purpose Visa has been set up to help facilitate the entry of visitors and students who might not otherwise be accepted for temporary entry to New Zealand due to a perceived risk by the INZ that they will remain in New Zealand beyond the length of their permitted stay. Alternatively, it may simply be used as a preferred method of entry. The Limited Purpose Visa is intended for those who wish to enter New Zealand for an “express purpose” for example a particular event such as a wedding, funeral, graduation, medical treatment, sports tournament, religious event, short term course of study etc. The Limited Purpose Visa has a number of restrictions including that it cannot be extended beyond the original term, the holder cannot change their status whilst in New Zealand, cannot apply for permanent residence, cannot appeal against removal or deportation and must leave upon expiry of the permit.

New Zealand Work Visa Policies

The objective of New Zealand’s work visa is to protect employment opportunities for New Zealand citizens and residents, while still allowing:

  1. New Zealand employers to recruit temporary workers from overseas to meet particular or seasonal skill needs that cannot be met from within New Zealand; and
  2. New Zealand to meet its obligations, under bi-lateral agreements negotiated with the governments of neighbouring countries in the South Pacific, to provide opportunities for citizens of these countries to undertake temporary employment in New Zealand; and
  3. Visitors to New Zealand to lawfully work while on holiday; and
  4. People who enter New Zealand under approved working holiday schemes to be granted permission to work on a reciprocal basis; and
  5. To recruit overseas workers to fill the skilled labour shortages in New Zealand.

In areas where there is a recognised skill shortage in New Zealand, the occupation may be listed on one of the Occupation Shortage Lists. If an occupation is not included on these lists it does not mean that a work visa can not be issued for that occupation. Rather, the application must be considered under a separate category- Work Visa- Essential Skills Category. Under this policy there is a requirement to provide proof that the position has been advertised and a labour market test conducted, specific to the area in which the employment is being offered. In most cases, except those areas where there is a known and recognised skill shortage in a particular region, a labour market test will usually be required (unless the application is considered under one of the Work to Residence Policies).