Facts about Open work permit for Live-In caregivers

The issuance of open work permit to live-in caregivers is Minister Kenney’s solution to help live-in caregivers establish themselves in the country while waiting for the approval of permanent residence applications. This change enables a caregiver to obtain an open work permit roughly 18 months faster than through the previous processing rules.

In the past, caregivers were previously required to wait for the initial approval of the permanent residency application before they become qualified for open work permits. As a result, numerous caregivers had to continue residing with their employer even after the completion of their contract because they had to wait for the results of the evaluation of their application for permanent resident status. This was wearisome for the caregiver and was often expensive for the employer. After analyzing the effects of the lengthy processing with the help of Toronto Caregiver Resource Centre, the Citizenship, Immigration and Multiculturalism Minister decided to resolve the issue through the new rules on open work permit processing.

Benefits of an open work permit

A holder of an open work permit has scores of benefits. Some of these benefits include the following:                   

• ·         You can work for any employer
• ·         You don’t need a prior job offer
• ·         You can choose a job because an open work permit is not job specific
• ·         You can establish yourself financially while waiting for your permanent resident status
• ·         You can search for a good location and increase job prospects while waiting for your permanent residence status approval

Eligibility for open work permit

In order to qualify for an open work permit, you have to meet the following requisites:

1.     You must be a live-in caregiver legally working in Canada

2.     You have completed the work obligation stipulated in your employment contract

3.     You have filed a permanent residency application

4.     Your application contains all the required information

At the onset of your application for permanent residence status, it may be helpful to seek legal advice from a Canadian immigration attorney. You can ask about the best course of action available with regards to your application for permanent residency. A qualified immigration lawyer can also help you explore your career options and give professional advice with regards to your job qualifications. You can also ask questions about the credentialing process which often hinders foreign nationals from landing suitable jobs in Canada.

Top Four Reasons to Hire a Calgary Will Lawyer

Some people think that only those with conflicting interests need a willand estate planning lawyer. Others may rely on self-help materials or basic knowledge of succession. However, it is important to note that a will deals with vital concerns like guardianship of your minor children and distribution of assets, such as leaving your home, business, or other property to loved ones.

Worst case scenario

Consider a scenario in which a man writes a holographic will (handwritten will) leaving everything to his girlfriend. This could lead to numerous court hearings between the mistress and the man’s family who may claim that a previous will was signed by the man a few years before he died, or that the holographic will wasn’t in fact written by the deceased. Such a conflict could have been prevented if the man consulted with a will lawyer before he penned the will.

Hiring a will lawyer in Alberta to help you with the legalities of your will can give you the following advantages:

A will and estate planning lawyer can explain to you the whole process of writing a will. There are legal terms that you may find difficult to interpret. Lawyers can explain to you the meaning of complicated legal terms.

There may be taxes to consider. Certain jurisdictions have estate taxes. In other cases, capital gains taxes may or may not be payable by your estate depending on who your beneficiaries are.

 You can define your plan for your beneficiaries. If you have children or grandchildren, you can lay out your long term plans that involve their safety and security. Your will lawyer can assist you in making the document legally binding and appropriate. This is very important especially for incapacitated or minor children under your direct custody.

Conflicts between beneficiaries can be minimized, if not totally avoided. Vague wills are one of the most common causes of disputes between families and friends of the testator.  This can in most cases be avoided by using a lawyer to remove ambiguous wording.

It is apparent that seeking the advice of a will lawyer has numerous benefits. For more information, you can talk to a skilled and experienced Alberta will and estate planning lawyer today.

Mental Competence

When an elderly person is doing a will, it is very important to consider the issues of mental competency and duress. An elderly person’s will is more likely to be contested based on alleged incompetency or based on a suggestion that the testator (the person writing the will) was a victim of the undue influence of a spouse, friend, or family member. 

There are a few precautions that can be taken to minimize the chances of a will being challenged. One precaution is to speak with the lawyer and meet with the lawyer by yourself, so that your conversation is confidential and not overheard by children or even a spouse. It is not uncommon for an elderly person to attend at a lawyer’s office in the presence of his or her children to do a will. This can potentially lead to problems if the lawyer has to testify in court about the competency of the testator or has to attempt to refute an allegation that the will was made under duress. 

Children sometimes wish to be helpful to an elderly parent and will answer questions for the parent and make suggestions on the parent’s behalf. This may create the impression that the child is directing the parent and that the parent either lacks the mental wherewithal to resist the child or is perhaps a victim of elder abuse and going along with the child despite the parent’s own misgivings. 

My practice is to have a private conversation with the elderly person to determine that the person’s wishes are in fact being reflected in the will. I also invite the testator to contact me later in case he or she wishes to make changes to the will Calgary or supporting documents, such as the power of attorney or personal directive.

You should be frank with the lawyer during your private meeting and indicate if you have any concerns with the will or with your family members. The lawyer may even ask you questions that are meant to determine your level of mental awareness. These questions will likely be simple and conversational questions, but will be used by the lawyer to figure out whether you are aware of what you are doing. These precautions will help ensure that your will reflects your wishes and that it won’t later be successfully contested because another family member or friend was later concerned about competence or undue influence.

What Your Executor Should Know

Writing a will is an important part of estate planning, but there is more to the process than simply doing a will. The process is dynamic because your assets and debts will change over the course of your life. Your executor is responsible for making sure that your debts are paid and your assets are distributed according to the provisions of your will, but your will likely won’t have all the information necessary to make this happen.

Wills tend to be largely uninformative about what people actually own. When you think about it, this makes sense. Since what you own is likely to change over time, how can your will discuss your assets in minute detail and remain relevant and up-to-date for more than a month? Typically a will gives percentages or shares of an estate to beneficiaries. It is the job of the executor to determine what actually goes into your estate.

Unfortunately, this can be a difficult and thankless job, and many executors may be tempted to decline the honor of acting for your estate when they know that it is going to be much work for perhaps little reward. You can in fact reduce the workload for your executor by keeping information about your assets and debts current and accessible to your executor in the event of your death.

A simple list of assets and debts can be updated every six months or so. You should list real estate holdings, stocks, bonds, mutual funds, bank accounts, etc. You should also list debts such as lines of credit, credit cards, mortgages, etc. The actual monetary values of these assets and debts are less important than information such as account and branch numbers, the location of assets, etc. However, an estimate of the value of assets and debts updated every six months or so will also be appreciated by your executor, and will help ensure that your beneficiaries receive what you have chosen to give them.

The list should also include contact information for people such as accountants, insurance brokers, and financial advisors. This list may be kept with your will, or may be emailed to your executor. While the list does not form part of your Calgary will, it allows your executor to realize the wishes indicated in your will. And always make sure that your executor knows the current location of your will, because if the will cannot be found, it is worthless to your estate.

Canada Study Permit: Eligibility to study in Canada

Are you planning to take courses in Canada that last over six months? If you do, it is vital to know whether you are required to apply for a study permit or not.

In most cases, only those courses or programs that can be completed beyond six months require students to apply for study permits. Such a requirement is no longer necessary for students who plan to take short-term courses provided that they complete the course during the approved period.

Study permit exemptions

Students who are members of the family or staff of a foreign representative to Canada may not need a study permit. They must only prove that the foreign representative is accredited by International Trade Canada and Foreign Affairs. In the same way, members of foreign armed forces covered by VFA (Visiting Forces Act) do not need a permit to study in Canada. However, members of their familieswho plan to study in Canada are obliged to meet the requisites for astudy permit. Typically, minor children of temporary foreign workers are also exempt from study permit requirements. You must talk to a Canada immigration lawyer to know if you are exempt from these requirements.

Requisites of study permit in Canada

The following are the requirements before a student can be issued a study permit:

Acceptance from educational institution: It is necessary for a student who wishes to study in Canada to be accepted by the college or university he or she plans to enter.

Financial capacity: You are obliged to provide evidence that you have an adequate amount of money to finance your tuition/school fees, living expenses during your stay in the country and transportation on your way back to your home country. Transportation expenses must also be sufficient to include anyone you brought with you into Canada.

Medical fitness: You must be healthy. You must also be ready to pass medical exams, if required.

Intention to leave at the end of authorized period to stay: The immigration officers must be convinced that you shall abide with the terms of the study permit, especially with regards to the period you are allowed to stay in the country. Must not pose any risk to the security of Canada: You need to submit to the laws of the country and avoid violating any Canadian laws.

You need to talk to a Canada Immigration lawyer to know whether you are still required to apply for a temporary resident visa in addition to the study permit. This is due to the fact that there are rules on citizenship and places of residence that may require you to apply for a temporary resident visa.

Effectiveness of a Will in Another Jurisdiction

People are very mobile these days. A person may be from Brazil, work in Canada, and have property in the US. Such a person naturally wonders whether his will drafted and signed in Alberta will be recognized in other jurisdictions. Unfortunately, I cannot give a definitive answer to this question. A will drafted in Alberta is likely perfectly valid in the US. The reason for this is Canada and the US share a legal history that originates from the English common wills and estate planning http://www.russweninger.com/. Though different jurisdictions have different wills legislation, a will drafted with Alberta law in mind is likely acceptable in the various US states. Likewise, a , Calgary legal wills drafted in Alberta is likely acceptable in the UK, Australia, and in other similar English-speaking first world countries whose legal traditions are based on English common law.

That being said, the safest approach is to consult with a lawyer in any jurisdiction in which you own property to determine whether your will is sufficient for the legal requirements of that jurisdiction. The important point to realize is that the relevant law is the law of the area where you own property, not necessarily the law of the jurisdiction where you happen to die. If you own property is several jurisdictions, your will may have to comply with the laws of each of those jurisdictions. Alternatively, you may consider other forms of ownership, such as trusts and corporations that will allow you to avoid estate administration in certain jurisdictions.

Separation: A Good Time to Rewrite Your Will

A very good time to write or rewrite your will is after you have separated from your spouse or common law partner. If you have an existing will, it likely lists your spouse or partner as a significant or even sole beneficiary. This is great when you’re in love, but when the relationship is falling apart, you don’t necessarily want to leave everything to the person who took half the furniture and your favourite DVDs. Even if you die without a will, your spouse or partner may be entitled to a share (or all) of your assets under intestate succession legislation, such as the Intestate Succession Act in Alberta. Again, think of the DVDs you’ll never watch again and the favourite chair that’s gone forever because of this person. 

All kidding aside, writing or rewriting a will isn’t about revenge as much as it’s about changing priorities. If you are single or separated and have children, you usually want your assets to go to your children. If you don’t have children, you probably want your assets to go to your parents, siblings, or nieces and nephews. You may still love your ex, but that love will surely diminish over time. That person will likely move on and find another spouse or have other children. If you leave something to your ex, there is a good chance you’ll be enriching his or her new partner and children to the detriment of people you care about.

That being said, if you have child or spousal support obligations, your estate may be liable to your ex for these obligations on your passing. Most wills have clauses about paying debts, taxes, etc. You may wish to consider specifically addressing ongoing support obligations in your will. At any rate, you’ll want to have a current will that reflects your current priorities.