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Posts published in “Business Law”

Real Estate Dispute Lawyer

Any business that touts a service, such as in construction companies or real estate developers, should be able to stand behind its services and follow through to the specifications of the individuals and businesses that hire the business. In some cases, however, a project may not be completed, or if it has been completed, may not have been done the way it should have been.

As a Lynchburg real estate dispute attorney, I have worked with countless homeowners and builders over my 35-year career. I not only represent clients in litigation cases, but I also inform them of their rights, the legal process and the options available to them in getting the results they need and deserve.

If you are struggling with a real estate or construction dispute in Virginia,  I can help you with a wide range of issues, including:

  • Condemnation
  • Deed disputes
  • Commercial construction litigation
  • Home and residential construction disputes
  • Issues with renovation
  • Contract disputes
  • Land use disputes
  • Other general litigation and dispute cases related to real estate building and development

Real estate can be a complicated area of law, with various regulations related to land use, zoning and municipality laws. It is important to have a lawyer who knows how to handle not only litigation but also this specific type of litigation case. I have a long-standing reputation in handling a wide range of disputes, including real estate and construction-specific matters for my clients, and I can work to help you get the results you are looking for.

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.

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.

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).