Do Bill Collectors Have Any Rules to Follow?

Harassing creditor calls is one of the most common problems people have when they come into my office to file bankruptcy. They are bothering folks—calling them during the day, at night, before work, and even after work. This year, I even read that the stress of creditor calls caused a man to have a heart attack, which he died from.

There is actually a set of rules that bill collectors are supposed to follow that is found in the Fair Debt Collection Practices Act. According to those rules, they shouldn't be harassing you, using abusive language, lying to you, or adding charges to your account without authorization.

They also shouldn't be calling you at work or bothering your relatives. Unfortunately, bill collectors don't always follow the rules and creditors from your lender may not be subject to the same rules as a collection agency. They sometimes even escalate the situation further. I've heard of cases where collectors are screaming at people, demanding their money, and even physically threatening them.

It is important to keep in mind that collectors have a legitimate claim and they can follow through on some of their threats—like getting a judgment against you and garnishing your wages. You cannot just disconnect your phone or ignore the calls and then assume you don't have to pay the debt. A creditor will not be deterred from taking action against you just because they don't talk to you on the phone.

At my office, you can stop harassing creditor calls as soon as you retain me. Filing bankruptcy stop collectors from calling you, garnishing your wages, levying your bank accounts, or taking any further action. We have a special "creditor line" that all bill collectors can be referred to. Our office can even continue to take action if your creditors persist by issuing a "hot call" where we call your creditors for you.

Before you hire a bankruptcy attorney, you want to make sure that they are willing to go above and beyond to stop your creditors from harassing you. How can you find out? It is often free to talk to a bankruptcy attorney the first time. Don't forget to ask any attorney what their plan is to help you if your creditors continue to harass you after you've filed for bankruptcy. If they aren't willing to help you, it may be a sign that they won't be willing to help you with other problems that come up during your case.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

National Background Checks: The Best Way to Trace Criminals

National background checks are the best way to check any individual’s past. This service has a very large database and it covers almost every individual’s background in the United States. This is a very efficient tool especially if you are looking for criminal records down the line of a specific person. The best thing about this service is that you can actually get the results in no time.

Where is the source of this service? This service got all their information regarding each individual in government and also non-government agencies. Both of which (government and non-government) have a large range from the whole country, state, cities, town and all the national areas. With this type of service, no criminal can fake or even conceal his or her past records.

How do you use national background checks services? All you have to do is to simply key in the name of the person you are searching for. Not only persons are allowed, you can also search for properties. After which, you have to choose the state and the other specific address location of the person. There is other additional information too that you have fill in to be able to help in the process.

Why is using this service very important? First of all, you can not simply trust anybody in this day and age. There are more and more people who are involved in crimes and it is sad to say that these people look pretty decent on the outside. You can never judge a person by his or her looks alone. Sure, companies are looking for someone with a pleasing personality and someone who can face the clients and who is decent-looking but as an employer you should still be extra cautious.

As an employer, national background checks are important because you will be able to know the background of the potential employee you are hiring. Would you want a crazy lunatic murderer be part of your team or company? Would you want someone who steals to go inside your offices? Of course you wouldn’t answer in the affirmative. So how do you deal with it? You should check their background information. Remember that these employees will represent your company. If you get someone who is a criminal in the past, that is the representation of your company whether you like it or not. If you think you are being discriminative, you are not. You are only being cautious.

If you also have a business like you have a house or a room rental, as a landlord, you have the right to check the criminal background of your tenants. Not only that, you can also check the financial background of your tenants. It is not being intrusive because it is your right. After all, this person will be renting your space and will live in your land. It is your accountability as a landlord if something will happen to your other tenants or if that person is under financial debt or rut because it is not them who will suffer but you and your credibility as a businesswoman.


Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Drug and Alcohol Testing Consortiums

A consortium is simply a group of independent businesses that join together for a common purpose. In this case, the intent is to provide an opportunity to satisfy the federal drug and alcohol testing laws. Heavy fines are imposed for those who are required to belong to some kind of program, but neglect to do so.

In life today our individual safety often rests in someone else’s hands. We expect to go through the business of living, unharmed. Unfortunately, sometimes we interact with people who are in positions that may injure us. It could be another driver, a coworker, a store clerk or a waiter. Usually, it’s not an intentional act. More likely, it’s through a person’s negligence that accidents occur.

Sometimes, the negligence is because someone is using illegal drugs or had too much to drink. That’s where the drug and alcohol testing consortiums come in. The goal of these testing programs is to weed out drug and alcohol users before they can become a danger to others.

For example, CDL truck drivers with their own authority, USCG licensed captains and their crew on charter boats, train operators, pilots, airplane mechanics, manufacturers and many other kinds of companies all have positions of safety sensitive responsibility. That is where errors on their jobs can result in injury to another person. These individuals and groups must belong to a program that meets the government’s strict testing requirements. Consortiums like the one run by www.DrugTestingConsortium.com will determine where and when a person is to go for the required random testing. They will also certify that the results are accurate and report them to the proper authorities.

These programs are not the perfect answer to eliminating work place accidents. But, they are required by law and help to keep us all safer. And since joining a drug testing consortium is not a very expensive procedure, they appear to be a good idea for all of us.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Registration of Foreign Corporation in the Philippines

Registration of Foreign Corporation in the Philippines
The Executive Branch of the Philippine Government has various agencies, instrumentalities, departments, bureaus and entities that are under the control and supervision of the Philippine President. The different heads of the agencies and departments are considered as an alter-ego of the President. The Philippine Economic Zone Authority (PEZA) and Board of Investment (BOI) are instrumentalities under the Executive Department of the Philippine Government.

It is a well-settled rule that a corporation established under foreign laws is considered a foreign corporation. In this jurisdiction, a foreign corporation duly registered in or licensed by government entities like the PEZA and the BOI can acquire legal personality, engage in internal trade, and is obliged to respect the Principle of Reciprocity among nations.

Legal Personality
Registration of a foreign corporation in the appropriate departments and government entities vest legal title or personality to foreign corporation to engage business inside the Philippine jurisdiction.

A duly licensed or registered foreign corporation has the power to sue and can be sued in Philippine courts. Absence of licensed or registration will not entitle the foreign corporation to sue but can be sued instead.

However, a foreign corporation is authorized to sue even if not licensed or registered when it only engages in isolated transactions and when the law specifically provides.

Under the Philippine law, a court can obtain jurisdiction over foreign corporation by the proper service of summons. Service of summons to foreign corporation which has transacted business in the Philippines whether licensed/ registered or in an isolated transaction maybe made on its resident agent designated by law for that purpose, or in case there is no agent, the government official designated by law, such as the Insurance Commissioner (in cases of foreign insurance corporation), the Superintendent of Banks (in cases of Foreign banks) and the Security and Exchange Commission (for other foreign corporation registered or licensed to do business in the Philippines).

Whenever service of Summons is so made to the government official, the government official shall be obliged to transmit the same by mail or other legal process to the corporation concerned.


Internal Trade
Foreign Corporation registered in PEZA and BOI can carry on substantial internal trade. The foreign corporation can also direct and develop operations and enterprises of domestic corporations. Furthermore, it can invest a considerable amount of capital to certain enterprises.

Moreover, the corporation can also purchase shares of stocks in a legitimate stock market for a minimum share authorized by law. Thus, registration in PEZA and BOI authorizes the foreign corporation to freely engage in business ventures with in the Philippine jurisdiction.

Under the law, the President of the Philippines may allow entry of foreign corporation when warranted by public interest, such as oil drilling companies, Board of Investments, registered enterprises and Philippine Economic Zone Authority registered enterprises.


Principle of Reciprocity
The principle of reciprocity speaks of mutuality among the party states. Benefits given by a state to citizens of another state who are found within the country of the granting state shall also be granted to the citizens found within the partner state. Usually, the Principle of Reciprocity is in a form of a treaty, signed by different representatives of party states. In this jurisdiction, the legislative departments can enact laws that can be favorable to a registered foreign corporation, provided such is also granted to the Filipino citizens who are within the jurisdiction of the grantee state.

The President of the Philippines can issue Executive Orders, and Presidential Decrees that are favorable to the conduct of foreign corporation. Some of these favor personnel of offshore banking units which is provided under Presidential Decree 1034 and Required Area headquarters of Multinational Companies under Executive Order 226, wherein they are entitled for Multiple Entry Special Visa to the Philippines. Also, their respective spouses and minor dependents below 21 years old are benefited. The multiple entry special visas are valid for 1 year and can be extended based on legal or meritorious grounds. Holders of this visa type are exempted from immigration fees and registration apart from all clearances from any form of government agency before final departure.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Why Training Is Now A Necessity For Those Using A Scissor Lift

Since 2005 new Work at Height Regulations have been in effect as a way to improve safety in all manner of industries that use mobile access machinery, the scissor lift and scaffolding. Part of these regulations have been created to make sure that the person using powered access machinery has had a suitable level of training. By ensuring there are always workers with training when people are using access machinery, it is hoped that safety will be increased. The scissor lift falls into the powered access machinery category, being referred to as a mobile elevated platform or MEWP for short.

MEWPs are used in a large variety of industries, allowing workers to reach inaccessible areas speedily and safely. The contemporary scissor lift has been designed with guard rails that actively work towards preventing falls and dangerous situations. This type of machinery can also be used in interiors and exteriors meaning it is a far reaching mobile access solution. In terms of the usability of the scissor lift, painters and decorators regularly use them, as do maintenance workers such as electricians who need to access wiring in large halls or auditoriums. It is hoped that by the release of the Work at height Regulations 2005 that the safety in all of these industries will be improved, allowing workers to perform their roles safely and effectively.

Training courses are in abundance when it comes to the use of the scissor lift. With effective training operators are given the knowledge to select thee right lift for the job, part of this process includes taking account of the maximum height of the lift, how large the platform is and the amount of safety equipment affixed to the platform. It is not just the government however that have strived to making the use of powered access machinery safer, IPAF and independent body of manufacturers and users has recently embarked upon a 'clunk, click' campaign. This campaign resembles the road safety variant of the same name and attempts to put safety issues at the forefront of all workers' minds that utilise mechanised lifting solutions. IPAF are also working in conjunction with government ministers to further develop the safety procedures for working at height to create a safer working environment.

As previously stated having training means that the selection of the right equipment is assured. This thought process must first assess the height of the job as a machine that only reaches with the worker at full stretch will not be suitable. In addition, training enables operators to make an assessment of the working area. Factors such as nearby doorways, any external weather condition, such as high winds, and the surface the machinery is to be placed upon should all be taken into account. Once again having suitable knowledge to recognise the risks posed by oncoming traffic or overhanging hazards is essential.

As a part of the Work at Height Regulations, training is considered a legal necessity. As an employer it is important to ensure all staff members working on access equipment have had training, otherwise legal penalties can become an issue. None of these developments should be begrudged however, with accidents costing thousands in compensation, as well as the human costs of debilitating injuries or even death, the response of the government to make the use of powered access machinery is an understandable and required response.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

I want to sell my idea for $ 1 million, I just don’t know how to go about it?

You often hear someone bragged that they have this fantastic idea and they want to sell it for one million bucks! Or perhaps even you yourself have thought of it before. And why not, who would not want to be rich, right. But boasting it is of no use. First of all, having an idea that can be sold is not an easy thing. For one thing, it has to be documented, and preferably even filed as a patent. For another thing, disclosing it could give away the idea and kissing it goodbye. But in actuality, many ideas have been stolen from their rightful owner just because the owner did not know how to go about it. There is a proper and safe way to thread, but most people don’t know about it. It is like when you need to pass motion, then only you go and search for the loo! Or worse, just brag about it and tell the idea to all and sundry, and hope that someone will guide them to that pot of gold. Let us assume that you have indeed a good idea, an idea that can be commercially exploited for monetary gains. So how does one go about it?

There is this thing called intellectual property and there are proper procedures to get that idea of yours properly documented with the patent office. You can get your ideas written out as a document and filed as a patent or if it is a logo or a brand, you can get it registered as a trademark. If you have a book written, or a music score, you can get it properly copyrighted. Works of the mind are automatically deemed copyrighted once it is published, but you should have a proper record of it so that somebody else can’t steal your property. However, going the way of filing for your intellectual property is a long and costly process. Most people would feel uncomfortable to go this way, and if there is an easier way, they would certainly want to hear about it. There is of course an easier way, but if could reduce the value of that asset. Just what is the alternative to filing patents then?

One of the more practical ways is to sell that idea of yours to a company, assuming that you already got a patent grant on it. Here, you can sell the idea outright, or license the idea to a third party for manufacture and sale. Of course you will have to do some research first to identify who would likely need your idea. It all sounds easy right? Unfortunately, it is not, and it is more like looking for the needle in a haystack! For one thing, companies normally will not entertain unsolicited ideas. Just imagine, there are so many departments in a company, so which department door to knock at? There is normally no such a department as ‘ideas department’! If you go to the sales department, you will be disappointed because the sales people will not help you out. They will not want more products to sell! And if you go to the technical department and tell them your idea, they would have too big an ego to accept your outside idea, or worse off, they might just steal your idea and tell their boss that ‘they’ have come out with the idea! So, selling your idea to another company is an uphill task. If your idea is not properly documented, or waiting for grant of patent, the task of selling it off is even more difficult. Well, what then?

Luckily, there is another alternative. You can sell your idea, whether patented or not, through a patent broker or an intellectual property brokerage firm. These companies specialize in seeking buyers for your ideas. They act like middle man, and some of them have become so specialized that if you only give them a raw idea, they can use their professional expertise to size up the idea and sugar coat it so that it appeals to a buyer. They also act professionally to get the best price for you. However, not all brokers can offer you these kinds of services. They have to be technically competent, as well as idea creators themselves, and inventors of some kind. It is often the case that whatever the idea that you are touting; there is always an element of incompleteness somewhere. In order to sell an idea, you would need to know who your competitors out there are. To do a proper job, these professional brokers will need to do a proper research in terms of technicality, and prices. And who else have such qualifications? Yes, it is the patent agents! They know the implication of the ideas as they have been drafting patents all along. They also know who the competitors are out there because they have to research other people’s patents when they do patent drafting. However it is only recently that such professionals have come to the fore and hopefully, they will bring about a renaissance to the field of patent brokering. And if you are wondering whether that half-an-idea of yours can be sold, the answer is ‘YES’. How about half a million? It is better than just dreaming!

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Steps to Conduct a Patent Search

A patent refers to the right granted to an inventor for discovering any new machine, useful process or a manufacturing item. This right gives patent holder the right to prohibit others from using, making, patent sales or selling in US the claimed invention in patent exchange for full disclosure of invention. A patent is a simple way of protecting any discovery or invention.

For conducting a patent search, there are few things that are needed such as US patent applications, patent marketing services, patent file histories, patent referral services, patent software and patent searching service. Here we provide you with some steps that need to be followed for conducting a patent search.

Conduct self-search

• First determine which kind of patent you want to seek. Utility patent covers up functional facets of invention whereas the design patent covers up only the appearance of invention.

• Access patent database online like the ones offered by U.S. PTO (Patent and Trademark Office) and IBM. Find out the most important categories and sub-categories for the invention.

• Read out class descriptions in database for finding out, which are the ones that hold immense significance.

• Review all the patents that are issued within the categories or classes.

• Carry out the keyword searches for the potential invention. Don’t leave any stone unturned.

• Gather your entire patent search results in report.

Hire Professional Experts

• You need to know the options first—a patent attorney or patent agent or lay searcher. Patent agent is the one having a technical training and is licensed by U.S. PTO for preparing the US patent applications. For finding out patent searchers, you can have a look in yellow pages under the category of ‘Patent Searchers’.

• Make use of the searcher’s services proficiently. Do this by offering the searcher with complete and clear description of your discoveries or invention along with drawings.
• Analyze the searcher’s response methodically.

Warnings and Tips

• You mustn’t be concerned about compromising your invention’s trade secrets while corresponding with the professional searcher. The information exchanged is regarded as confidential.

• Most of the search reports include the following: description of the invention or discovery provided by searcher for confirming absolute understanding of the invention and to just indicate what has been searched; list of references and patents discovered at the time of search, brief discussion about found patents and the references etc.

• In order to have a thorough patent search with utmost accuracy you should be well aware about all the practices and techniques related to it. It is better to gather further information on the matter before you try your hands on it.

• Always try to have legal references and seek consultation from a patent attorney. This will guide you to up-to-date and comprehensive information.

• Inadequate or incomplete patent searches can simply waste money and time. Search comprehensively to ensure your plan is patentable and doesn’t infringe on the patents, which are in effect.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Marketing Your Invention

When inventors contact my company, InventionHome.com about Due Diligence I like to explain the concept with a simple example. Think of it this way, if a manufacturer is getting ready to make the decision to develop, manufacture, and market a new product that could potentially cost $50,000 to $150,000 to produce plus inventory costs, they would most certainly take their time to ensure that they are making a good business decision in moving forward with the product (i.e.: have they done their homework on the product). Therefore, you can sum up “due diligence” as the process of gathering all the information necessary to make a good business decision prior to making the large financial expenditure. It can generally be assumed that the more time, effort and money (i.e.: “risk”) that a company must spend to develop an invention, the more they will evaluate the potential license. Keep in mind that even if a product appears to be simple and low cost, the process of developing and manufacturing is rarely simple and low cost. Companies will evaluate such criteria as customer feedback, retail price points, unit cost to manufacture, competitive landscape, manufacturing feasibility, market opportunity, etc.

Inventors often wonder if they need to perform Due Diligence on their invention.As discussed, this will depend on the option you have elected for taking your product to market.

Option 1 - Manufacturing on your own - If you are planning on manufacturing and marketing the invention on your own, then yes you will need to perform due diligence. Essentially, you become the manufacturer of the product and as a result you should perform the due diligence on your invention just like other manufacturers would. The problem that I have found is that many inventors who elect to manufacture their own inventions do little, if any marketing due diligence, which is a big mistake.

Option 2 - Licensing for Royalties - if you are planning on licensing for royalties, then I believe you can minimize your due diligence efforts, because prior to any company licensing your invention, they will perform their own due diligence. If you are working with a company such as Invention Home, the costs to market your invention to companies can be minimal - therefore it could cost you more to actually perform the due diligence than it would to just market the invention to companies (which, is ultimately your best form of due diligence anyway). Remember, you should have taken the time to do your basic market research and a patent search earlier in the process to be assured that your product is worth pursuing in the first place (i.e.: the product is not already on the market and there is a demand).

Let me summarize. If you are planning on investing a large amount of money on your invention, then you should always analyze the opportunity first to make sure it’s worth pursuing; however, if you can actively market your invention to companies with minimal cost, you can be assured that an interested company will perform their own due diligence (not rely on yours). Note: it is always helpful to have marketing due diligence information available as you discuss your invention opportunity with prospective companies; however, it is not always easy to obtain this information so you need to balance the effort and expense of gathering the information with the real need of having it.

I also will provide you with some due diligence tips.As discussed, the idea of marketing due diligence is to gather as much information as possible to make a well-informed decision on investing in any invention. In a perfect world, we would have all the relevant information on sales projections, retail pricing, marketing costs, manufacturing setup and unit costs, competitive analysis, market demand, etc. However, this information is not always easy to come by.

If you are not in a position to pay a professional firm to do your marketing evaluation, it is possible to perform the research on your own; however, you need to understand that research should be interpreted and used for decision-making and on its own, it has no value. It is what you do with the information that matters. Note: I would recommend that you DO NOT PURCHASE “market research” from an Invention Promotion company. Often sold as a “first step” (they’ll usually approach you again with an expensive “marketing” package), the information is largely useless because it is not specific research on your invention. Rather, it is off-the-shelf “canned” industry statistics, which will not necessarily help you make an informed decision.
Before we get to the “tips”, let me clarify that “due diligence” can come under various names, but essentially they all mean the same thing. Some of the terms that I have seen to describe the diligence process are:

• Due Diligence
• Marketing Evaluation
• Commercial Potential
• Invention Salability
• Profitably Marketable
• Market Research
• Invention Assessment

Each of these terms is basically referring to the research to assess the likelihood of an invention’s salability and profitability. The question of whether your invention will sell can never be known with certainty, but you can perform some steps to help you better understand the likelihood of success.

Again, if you are planning on manufacturing your invention on your own, you should consider performing marketing due diligence on your product. If you are planning on licensing your invention for royalties the company licensing your invention should perform this research.

Some suggestions for marketing due diligence are listed below.

1. Ask and answer some basic questions

• Is your invention original or has someone else already come up with the invention? Hopefully, you have already answered this question in your basic research. If not, check trade directories or the Internet.
• Is your invention a solution to a problem? If not, why do you think it will sell?
• Does your invention really solve the problem?
• Is your invention already on the market? If so, what does your invention offer over the others?
• How many competing products and competitors can you find on the market?
• What is the range of price of these products? Can your product fall into this range? Don’t forget to factor in profit and perhaps wholesale pricing and royalty fee, if any.
• Can you position your invention as a better product?

2. List the pros and cons that will impact how your invention sells and objectively evaluate your list

• Demand – is there an existing demand for your invention?
• Market – does a market exist for your invention, and if so, what is the size of the market?
• Production Capabilities – will it be easy or difficult to produce your invention?
• Production Costs – can you obtain accurate manufacturing costs (both per unit and setup/tooling)?
• Distribution Capabilities – will it be easy or difficult to distribute or sell your invention?
• Advanced features – does your invention offer significant improvements over other similar products (speed, size, weight, ease of use)?
• Retail Price – do you have a price point advantage or disadvantage?
• Life – will your invention last longer than other products?
• Performance – does your invention perform better than other products (including better, faster output, less noise, better smell, taste, look or feel)?
• Market Barriers – is it difficult or easy to enter your market?
• Regulations and Laws – does your invention require specific regulatory requirements or are there special laws that must be followed (i.e.: FDA approval)

3. Seek advice or input from others (consider confidentiality)

• Target professionals / experts in the field.
• Ask for objective feedback and advice.
• Talk to marketing professionals.
• Ask sales people in the field.
• Ask people you know in the field.
• Talk to close friends and family members whom you trust.
• Ask for input on the invention such as features, benefits, price, and if they would buy it.

During the diligence stage, existing manufactures have an advantage in that they have the ability to talk with their customers (retail buyers, wholesalers, etc.). In my experience, one of the most important factors that a company will consider is whether their existing customers would buy the product. If I took an invention to a company to discuss licensing (assuming they could produce it at the right price point), there is a very high likelihood that they would license the product if one of their top customers agreed to sell it.

Whether a retail buyer is interested in purchasing a product is a driving force for companies considering product licensing. I’ve seen many scenarios in which a company had interest in an invention but they ultimately decided to pass on the idea because their customer (the retailer) did not show any interest in the product. Conversely, I’ve seen companies with mild interest in an idea who jump at a new product when a retailer expresses interest in it.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

The Law Relating to Transfer of Shares

The stock market has become the backbone of many economies in the world. Unfortunately, those who are engaged in such markets know little or nothing on the that regulate their trading. One of the very critical areas that every investor must know is the laws that govern the transfer of shares by a company and also individuals.

There is a distinction between transfer of shares and the transmission of shares. A transfer is by the act of the member of a company, while transmission occurs by operation of the law on the death or the bankruptcy of a member.

Every shareholder has a right to transfer his or her shares unless otherwise provided in the articles. As per the companies Act, "it is provided that the shares in a company under these Acts shall be capable of being transferred in a manner provided by the regulations of the company. Such regulations of the company may impose restraints upon the right of transfer...."

However, the directors of a company may, in their absolute discretion and without assigning any reason therefore, refuse to register any transfer of share. In such a case, the court may not interfere with the transfer unless one shows that the directors are exercising their discretion improperly.

A forged transfer of shares is a nullity and cannot affect the title of the shareholder whose signature is forged. If the company therefore has registered the forged transfer and removed the true owner of the rights from the register, it can be compelled to replace him.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Important Changes to Reporting Under the Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (50 U.S.C. Appx. 501 et seq., herein “SCRA”1) is the successor to the Soldiers’ and Sailors’ Relief Act. It offers protections for persons in active military service. The protections may include mandated 6% interest on some loans, and halting court judgments, evictions and foreclosures. “Military Service” covers seven agencies (Army, Navy, Coast Guard, Marines, Air Force, as well as certain employees of the National Health Service and the National Atmospheric and Oceanic Administration. (See SCRA § 511(2)).

It is important to note that the SCRA provides protection not only to persons on active military service but also up to nine (9) months after termination of active military status. Foreclosures, for example, are invalid if conducted during or within nine (9)2 months after a servicemember’s period of military service. The court could review the promissory notes that gave rise to the foreclosure and could change the mortgage payment and maturity date. Similarly, the 6% interest rate cap extends one (1) year after termination of a service member’s period of military service. §527(a).

There are dangers in proceeding against someone without verifying if the person is in active military service. A person who knowingly causes a foreclosure or seizure or attempts to do so in contravention of the SCRA is subject to imprisonment. (see §533 (d))


Until now, searches under the SCRA only provided confirmation of whether a person was or was not in active military status. This resulted in a severe vulnerability: there was no ability to verify if a servicemember was within his/her period of post-service protection. Effective October 11, 2009, the military active duty verification provided by the Servicemembers Civil Relief Act Centralized Verification (www.servicememberscivilreliefact.com) will include active duty termination dates. This change in reporting was made possible because the Defense Department’s Manpower Data Centers DEERS database (hosted by the Defense Manpower Data Center (“DMDC”)) responses now include this information, at the request of the SCRACVS and at the suggestion of Rod Powers who covers US Military issues at About.com.

At the SCRACVS site, active duty military status verification requests may be conducted without a social security number or date of birth, provided that other identifying information (such as addresses) is provided. The DMDC site will not permit a search without SSN or d.o.b., and, searches conducted with d.o.b. only include a disclaimer indicating that the search results cannot be verified because only a SSN provides a unique identifier. This, disclaimer, understandably, may draw court concern. The SCRACVS has other data available to it to conduct the dispositive searches often required by courts.

Courts universally require an affidavit before a plaintiff may receive a judgment against an individual. Those affidavits should now indicate the active duty termination date, if applicable. The affidavits are sometimes referred to as “military affidavits”, “non-military affidavits”, and “affidavits in compliance with the Servicemembers Civil Relief Act”.

[1] The Act is the successor to the Soldiers’ and Sailors’ Civil Relief Act of 1940. The SCRA is sometimes and erroneously referred to as the Servicemembers’ Civil Relief Act, Servicemember’s Civil Relief Act, Service Member Civil Relief Act, Service Member’s Civil Relief Act, Servicemembers Civil Release Act, and similar.

[2] On July 30, 2008 the protection was extended from 90 days to 9 months. Effective January 1, 2011, a sunset provision will roll the 9 months back to 90 days. §2203(c)(2) of Act July 30, 2008, P.L. 110-289. On the other hand, §522, which applies to other proceedings, remains at 90 days.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Besides Pornography, Very Few Ways to Censor Internet

Freedom of speech is our guaranteed right as a United States citizen. Or is it? That is the question those opposed to censorship are asking citizens to decide and stand up for. However, the Federal Communications Commission claims it does not attempt to hinder a person’s right to freedom of speech. Their goal is to prevent obscenity and libel from being a part of the media, newspaper, television, and radio.

The FCC will issue fines to any entity that falls under free to air broadcasting who participates in programming that involves obscenities, vulgar behaviors, nudity, or libel. These finds are high dollar amounts ranging from $250,000 to $375,000 per incident.

One huge area of controversy involving censorship involves pornography, especially on the internet. The FCC states indecent pornography can’t be censored, but obscene pornography can be censored. This involves pornography involving children and underage teenagers. Under the regulations of the FCC that have been approved by the Bush administration, those violating the pornography censorship laws can face criminal charges and prison sentences. The issue of censorship regarding pornography has gotten even tighter since 1996 when the Communications Decency Act was passed.

Other than the area of pornography, there are very few ways to censor internet materials. Many people enjoy that freedom while others are fighting to change that. It is one thing if you are searching the internet for a particular subject, then view it. However, many children have found x-rated sites not suited for their viewing by simply typing in the name of a popular toy or music band into a search engine.

Keeping this in mind, it is important to remember that not everything you read on the internet is true. It may very well simply be someone’s opinion with no factual information to verify it. However, nothing mandates they state it is only their opinion on the internet. Therefore, it is often portrayed in a format that appears to be factual.

The issue of censorship remains very controversial. There are those who believe it is necessary to keep some guidelines and integrity in our society pertaining to television, music, and the media. However, the other side of the issue belongs with those who believe freedom of speech should be the prevailing decision.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Cancer Misdiagnosis

Cancer is a disease that cannot be pinned down to one single cause. There are various factors which may help increase the likelihood of an individual developing the disease. Your genes, general lifestyle, or even the environment may all contribute to increasing the chances of developing the disease.

Early diagnosis of cancer is essential in leading to more effective treatment and lower mortality rate. Failure by doctors to do this can have devastating results for the patient involved. With the current advancements in technology, it is much easier now than ever before to be able to spot signs of cancer. Early misdiagnosis of cancer can have drastic consequences for the patient's life expectancy. In some cases, the consequences can be so serious that treatment may no longer be an option and the patient will be impacted for life.

How can you make a claim?

In order to establish the doctor's liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:

* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?

* Would the patient's condition be any better now if the correct diagnosis had been initially made? What about comparing this with what actually happened?

In order to establish whether to give compensation, the courts use what we call the 'balance of probabilities' test. Therefore, if it is agreed by the experts in the same speciality that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.

The balance of probabilities test has not been favourable amongst some commentators who have argued that it can lead to unfair results for some of the patients. Despite the reservations on the part of some, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.

Forms of misdiagnoses made by doctors in cases of breast cancer:

* Not following up on test results

* Failing to order new tests

* Failing to spot early symptoms

* Mistaking a tumour for an infection or diagnosing the tumour as benign

* Failing to observe an obvious lump during an examination

These are just some of the critical mistakes that doctors have been known to make. Critical mistakes that lead to great trauma and anxiety for the individual involved. An early diagnosis would have prevented a lot of the suffering faced by the individual.

If you have been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

How To Get Ex Back

Look around and you will see lots of couple going through break-ups and patch-ups. What is more surprising is that a lot of these patch-ups are actually temporary and if you visit them after some while, they would have broken up again. Now the existence of that relationship is just signified through a shrug and a phrase, “It just did not work out”.

Search online and there are an umpteen number of love gurus and love doctors belting out advice on how to get ex back - from sending a bunch of flowers each day to writing poems and ballads to arranging surprises for your ex. But these are just short term solutions and actually quite corny and suitable for teenager crushes and infatuations.

If you are an adult couple and now have broken-up and wondering on how to get ex back, the above sites are not for you. These are just tactical strategies that provide joy at the spur of the moment. If you have broken up due to some serious issues, this is not the way to approach to get your ex back. Instead, spend a few hours thinking what went wrong in the relationship. Obviously, both of you wanted to stay committed to each for at least a while or you would not have gotten into the relationship. Then what were the issues which caused you to drift apart? If you find the answers to these, half your problems are over.

The next thing that you have to think about is what you can do to alleviate these issues. Not all issues can be because of you - it could also be due to some other problems that your ex is facing such as work pressure, unemployment and financial stress. In such scenarios, think what could be your role. If you feel you can go ahead and do something more, ensure you are ok with it. You should not feel that you are giving too much in the relationship and getting nothing in return. Such relationships are bound to end.

Try to arrange a meeting with your ex. Now, there are a few sites that suggest you wait for a certain time period before you go ahead and call but this is all silly childishness and clash of egos. If you are interested in getting your ex back, go ahead and give a call. Do not get into any arguments over the break-up. Control your emotions and talk to your ex in a friendly manner. Your ex might hesitate to meet. Be assertive but not aggressive. At the same time give sufficient space. Meet up in a place that is neutral - not your house or your ex’s house. Talk over things. Get a commitment to meet more times regularly and take it from there.


Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Medical Negligence Occurring In Dentistry

Making a trip down to the dentist is one that can prove to be quite an uncomfortable experience for many of us. After all, it is not a pleasant idea to have the inside of your mouth probed and examined. Nonetheless, it is an essential part of our health regime and it is important that we should be able to trust the health professionals in charge of taking care of us.

In the majority of the cases, the dentists offer an excellent level of service to their patients. However, in some rare cases, mistakes do happen and this unfortunately leads to some form of injury to the patient. It is important to not confuse an unfortunate side effect of the treatment and the actual negligence on the part of the dentist. Some cases are very clear cut. For instance if your dentist was negligent in fitting your crown properly. As a result you are now experiencing trouble eating. It is possible that your dentist failed to spot a serious dental disease and now you are experiencing persistent pain. You may have even suffered permanent damage to your teeth.

What are the types of dental negligence?

There are many different ways a dentist can be negligent. Below are some of the more common mistakes made by dentists:

Misdiagnosis by dentists

This is when the dentist fails to recognise a serious problem which results in the patient receiving inadequate treatment for their dental problem. If the patient suffers more pain and hardship as a result of the misdiagnosis, the patient may be entitled to compensation

Carelessness in procedure

It is the responsibility of the dentist to perform the dental procedure to a high standard, up-keeping the patient's personal safety at all times. This is essential as great trust is placed in the dentist carrying out the procedure. However, the dentist may be careless during the procedure and end up causing personal injury to the patient. This can give rise to a clinical negligence claim.

Inadequate treatment by dentists

The patient is entitled to receive a high standard of treatment for their dental problems. In some cases, the dentist fails in this duty, and as a consequence the patient suffers personal injury. In order to make a clinical negligence claim, the patient will have to prove that another dentist in the same professional capacity would not have made the same error in judgement.

Drug usage by dentists

Providing the patient with the wrong dosage of drug can have catastrophic consequences for the patient. Similarly, failing to make note of the patient's allergy by not examining the forms properly is another serious error sometimes made by dentists. These are serious errors that can give rise to a compensation claim.

If you have personally suffered undergoing a dental procedure, and wish to make a claim, our solicitors should be able to help you. You may feel that your dentist has provided you with substandard care or caused a dental accident which resulted in you suffering personal injury. Whatever the reason may be, our specialist solicitors will be able to advise you.

Please note that in order for dental claims to be successful, it must be proven that the same treatment would not have been provided by a reasonable and competent member of the dental professional. Our specialist solicitors provide a sympathetic and friendly service, and will ensure that you have the best chance available in pursuing your compensation claim for dental injury.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Undergoing Laser Eye Surgery

Laser eye surgery is becoming increasingly popular in the UK. If the procedure is performed in the correct manner it can lead to great results for the patient concerned. The patient will be able to enjoy a better quality of life and the procedure itself is not that long. However, as with any surgical procedure, laser eye surgery comes with risks and on occasion, complications can occur.

This procedure involves correcting long and short sightedness. The laser is used to change the shape of the cornea which is the transparent part of the eye which covers the iris and the pupil.

Complications and risks

There are many benefits of having laser eye surgery, but what about the risks? For instance some patients come out of the surgery with new visual problems, such as developing a glare. Other patients experience dry eyes. In addition, some candidates are not suitable for laser eye surgery at all. It is the doctor's duty to screen the candidate thoroughly in order to establish the candidate's suitability.

Some of the complications that crop up can vary from patient to patient. Some problems can be solved with some extra treatment. However, in some rare cases, the complications can be far more serious, some cases leading to blindness.

Undergoing Cataract surgery

Cataracts usually cause impaired vision for elder patients. It is a degenerative disorder, however it can also have other causes. Cataract surgery is usually performed to improve the patient's eyesight and this is done by the lens of the eye being broken down into tiny pieces which are removed through a small cut in the eye. The lens is then replaced with an artificial one.

Problems can occur during the surgery through faulty technique or when the wrong lens is inserted. This can happen when the pre-operative assessment is not run properly and leads to misleading and inaccurate results.

It is important to consider whether the doctor outlined all the risks or downplayed them to the patient. In addition did the doctor follow the correct post-operative procedure? These types of issues are important and will be raised when a patient brings forward a clinical negligence claim.

The process of making a claim

This will depend on a few things such as:

* The full nature and extent of your injury

* Your recovery rate from the injury and whether it has any long term consequences

* The amount of losses you will be facing as a consequence of the injury

Our specialist solicitors have a great deal of experience dealing with these types of claims. If you have suffered an injury as a result of your surgery, our solicitors should be able to help you with your claim.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

What To Do If You Get In A Car Accident

It’s an unfortunate fact – everyone in Houston is likely to get into a car wreck sooner or later. Do you know what to do after the crash? (And I’m not talking the stock market here!) A car crash, no matter how big or small, is a scary and serious event. You have important legal rights pursuant to the law, but its YOUR responsibility to protect those rights.

FIRST: Stay calm! After any accident you are going to have loads of adrenaline dumped into your bloodstream. This is what is responsible for the “fight or flight” feeling you may get. Just remember, we are not cave men. We cannot flee the scene and we’re certainly not going to fight!

SECOND: Check for injuries. Check yourself and then check on the other occupants of your vehicle. If there is ANY chance that anyone may be injured, you should immediately call 911 and request an ambulance. There may be a life or death situation, so please don’t take any chances. If it is safe to do so, you may check to see if the occupants in the other car are injured, but NEVER SPEAK WITH THEM ABOUT THE FACTS OF THE COLLISION. NEVER! EVER!

THIRD: Protect yourself, other drivers, and the accident scene. I always recommend people carry a safety triangle in the trunk of their car. Following a collision, if you have a safety device or signal, you should place it an appropriate distance from the collision in order to warn other drivers. You should do this ONLY if it is safe for you to do so. (Running out in the middle of the Northwest Freeway to put up a plastic safety triangle would fall under the heading of “REALLY bad idea!”)

FOURTH: Call the police. Depending on how busy they are, it may take them a while to respond, especially if no one is seriously injured. Be patient. Many officers who respond to traffic accidents are trained accident investigators. In protecting your rights it is extremely important to have an impartial police officer prepare a report. Always remember to be extremely polite and cooperative with the police. Their jobs are extremely difficult and often thankless. Remember: NEVER admit fault to the police. Simply tell them what happened, answer their questions, and cooperate with their requests. They will assist you in exchanging information with the other driver.

FIFTH: Get proper medical attention. I graduated from law school, but I didn’t attend medical school. I’ll bet most of you didn’t either. Remember that serious injuries don’t always result in immediate pain or bleeding. If you need an ambulance – use it. If not, you may later need to drive to an emergency room or to your doctor’s office. Don’t take chances with your health.

SIXTH: (You knew this was coming, right?) If you have any questions or concerns about your legal rights, consult with an attorney. Most people don’t know what their legal rights are after an accident, nor do they know how to enforce those rights. An honest and knowledgeable attorney is your best ally in protecting yourself in the unfortunate (and almost unavoidable) event of a car wreck. Remember, this article doesn’t act as specific legal advice. I’m just giving some general tips here.

You can protect yourself before an accident by driving safely, driving defensively and always wearing a seat belt. You can protect yourself after an accident by following these tips above.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Green Card Through Marriage Timeframe

Unlike many other immigration benefits, you can apply for a green card through marriage to a U.S. citizen (aka adjust status to a U.S. permanent resident) even if you have unlawful presence in the U.S. or you have overstayed a visa. However, there are limited circumstances where you may not eligible to apply for a green card through marriage to a U.S. citizen.

The following two marriage green card application examples are taken from two recent cases in New York City. Please keep in mind that both cases were prepared and filed by an attorney experienced with family based immigration law matters.

The applications submitted in these cases were the following: I-130 Immigrant Petition & I-485 Adjustment of Status, I-765 Work Authorization, and I-131 Advance Parole. The biometrics appointments for both cases were conducted at 201 Varick Street and the interviews for both cases were conducted at 26 Federal Plaza.

Example One

• May 12, 2009: All applications sent via Federal Express for overnight delivery to USCIS, Chicago
• May 13, 2009: All applications received by USCIS, Chicago
• May 19, 2009: Receipts issued by USCIS for the following applications: I-130, I-485, I-765, & I-131
• May 25, 2009: Notice issued by USCIS providing the place, date, and time for the biometrics appointment
• June 9, 2009: Biometrics appointment
• June 26, 2009: Advance Parole approval issued
• July 6, 2009: USCIS Notice for Interview Request issued providing the place, date, and time for the interview
• July 6, 2009: Work authorization issued
• August 28, 2009: Interview for adjustment of status (stamp placed in passport)
• September 14, 2009: Green Card received in the mail

Example Two

• June 26, 2009: All applications sent via Federal Express for overnight delivery to USCIS, Chicago
• June 29, 2009: All applications received by USCIS, Chicago
• July 1, 2009: Receipts issued by USCIS for the following applications: I-130, I-485, I-765, & I-131
• July 7, 2009: Notice issued by USCIS providing the place, date, and time for the biometrics appointment
• July 24, 2009: Biometrics appointment
• August 12, 2009: USCIS Notice for Interview Request issued providing the place, date, and time for the interview
• August 18, 2009: Advance Parole approval issued
• August 25, 2009: Work authorization issued
• October 19, 2009: Interview for adjustment of status (stamp placed in passport)
• November 2, 2009: Green Card received in the mail

Please keep in mind that both of these cases were fully prepared and filed by an experienced immigration attorney. Regardless of your situation, competent legal counsel is important through all parts of the marriage based green card application process and therefore it is strongly advised that you work with an attorney experienced in these matters before moving forward. A green card through marriage is a highly sought after U.S. immigration benefit and something that should be pursued with great care.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Benefits of having a Polish (EU) passport

Since Poland's accession to the European Union in 2004, there has been an increase of interest among people of Polish descent in obtaining a Polish passport. Polish citizenship makes it possible for them to reside, study, own property and gain employment in the European Union countries.

As a Polish citizen, you can live and work in any of the EU countries and enjoy free public health care and education. You can also gain access to preferential investment loans, employment schemes and you don't have to stand in the "Others" queue at airports!

Confirmation of Polish citizenship can be daunting, as those who have tried doing it by themselves will tell you! While the general rule is that if you have Polish ancestors then you are already a citizen of Poland, there are any number of reasons why your citizenship may have lapsed. This is why the Polish government requires you to confirm your citizenship before you can apply for your Polish passport.

Do you think that confirming your Polish citizenship is simply a matter of getting in touch with the Polish government? Think again! Confirmation of Polish citizenship can be challenging, frustrating and time consuming.

Confirmation of citizenship is an administrative and not a legal process so don't get sucked in by lawyers who will charge you an arm and a leg for the simplest of tasks.

The key to success is to check whether you are eligible in the first place, gather relevant documentation and submit it in the right way, to the right department in Poland. It requires your commitment and full cooperation but if you leave it to the experts, the journey, whilst long and at times frustrating, will lead to a successful conclusion.

How do you tell whether you are eligible?

Unfortunately, the answer to the question above isn't simple. The Polish citizenship legislation, whilst very liberal and generous, is also quite complex. This is why establishing eligibility is essential at the very beginning of the process so that your application doesn't end in refusal, frustration and loss of time and money.

Some of the factors that the Polish government takes into consideration include the ancestors' year of birth, nationality of the second parent/grandparent, foreign military service, acquisition of foreign citizenship, conscription age of the father/grandfather of the applicant, holding of public office but most of all, available documentation proving all of the above. In some cases, because of the Polish legislation, siblings from the same parents may or not be eligible, depending on their gender and year of birth.

The onus is on the applicant to provide sufficient evidence and proof of citizenship and, as a general rule, the more documents issued by the Polish government are submitted, the better your chances. Other documents, such as International Identity Cards, Refuge Cards, Red Cross documentation and archival documents from Australia can also be accepted.

The fundamental part of the process is to gather information and all available documents, and check whether you are actually eligible. Some families may be reluctant to explore their past, as many of them are victims of trauma so it is important to treat their stories and lives with respects. Often, we can provide you with tips on how to approach them in a sensitive way, as your ancestors will often hold the key to your EU passport, that is documentation as well as information on their past.

Obtaining a Polish passport is a 2 step process:

1. Confirmation of Polish Citizenship
File containing your family's documents proving your ancestry needs to be put together. Everything has to be prepared in the Polish language, then submitted for assessment by the authorities in Poland. Most applications are processed within 12 months from the day of lodgment, though some do take longer.

2. Application for Polish Passport
To apply for your Polish passport, you will need your certificate of Polish citizenship and your Polish birth certificate (yes, even if you were not born in Poland!).
Feel free to email me if you have any other questions!
Yours sincerely
Eva Hussain
Polaron Language Services

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Getting your PR – A Guide for International Students (Part 4) Choosing the Right Course for your Occupation

If you are studying in Australia, it is important to ensure that your qualification will be suitable for skills assessment – preferably in a 60-point occupation. Below are some tips for selecting a course which gives you a good chance of passing assessment in the most common 60-point occupations

1. Accounting – 60 Points, MODL, CSL (if 7 min in IELTS)


If you wish to pass assessment as an accountant, you will need a degree, masters or graduate diploma which covers at least 9 of the 12 core accounting subjects. The core accounting subjects cover topics such as accounting theory, financial accounting, cost and management accounting, auditing etc, but also more general topics such as business law, information systems, statistics, economics and finance. This means that even if you do not have a major in accounting, it may be possible to pass assessment as an accountant.
Choices for courses in Australia will depend if you already have a bachelor degree from your home country:

• Bachelor of Commerce (Accounting): would take 3 years
• Graduate Diploma or Masters: would take 12-18 months if you already have a degree

2. Trades - 60 Points, MODL


Trades commonly studied in Australia include cooks, bakers, hairdressers, carpenters, horticulturists and graphic pre-press. You would need to have an Australian certificate III in the trade, along with 900 hours of work experience to qualify for assessment in the trade. In practice, the 900 hours of work experience is the most difficult aspect:

• Relevant experience can count, even if it is not at the fully skilled level (eg kitchen hand experience can be counted towards the assessment as a cook)
• However, by the end of the 900 hours, you must be working at the fully skilled level. This is particularly difficult for some occupations, eg hairdressing, where it may take many years to reach the skilled level
• The work experience cannot form part of your course requirements
• Voluntary or unpaid work experience can count towards the 900 hours, but it is difficult to evidence
• Payslips are the best evidence of work experience hours
• You will also need a detailed reference which gives exact details on tasks & duties and tools & equipment used

Teaching - 60 Points, MODL, CSL (Secondary School)


You will need to have either:

• 4-year bachelor of education; or
• Bachelor degree, plus one year of specialised teacher education

If your teaching qualification is completed in Australia, you are exempt from the usual English language requirements for teachers (7 minimum score in Academic IELTS).

If you already have a bachelor degree, it may be possible for you to complete a 1-year graduate diploma in education and so pass assessment as a teacher. Most Masters qualifications are not suitable for assessment, as they do not have the required 6 weeks of supervised teaching practice.

4. Information Technology - 60 Points, MODL, CSL (if 12 months experience in MODL area)


If you complete qualifications in Australia, you would be exempt from the usual 4-8 year work experience requirement for IT professionals. You will need one of the following Australian qualifications:

3-year degree majoring in IT; or

3 Semester Masters or Graduate Diploma in IT; or

2 Semester advanced Masters or Graduate Diploma in IT (if you already have a degree in IT)

5. Nursing and Allied Health - 60 Points, MODL, CSL


Occupations in this category include Nursing, Pharmacists, Occupational Therapists, Physiotherapists, Radiographers. Unless your qualifications are from certain countries, it is very difficult to pass skills assessment in these occupations – they also require very high levels of English. However, they are occupations in which it is possible to find employment relatively easily in Australia as there is a severe shortage.

It is much easier to pass skills assessment by completing Australian Qualifications:

• Bachelor degree: generally 3-5 years of study
• Bachelor conversion course: common particularly in the case of overseas trained nurses
• Master degree: generally 2 years of study and a very good option for pharmacists and occupational therapists

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Getting your PR – A Guide for International Students (Part 3) Choosing the Right Course

Many international students wonder what the best course is to choose if they are interested in staying on permanently after they finish. We have compiled a list of our top 5 tips in making the choice:

1. Study Something You are Genuinely Interested In


Many students are tempted to study a course only because it improves their chances of qualifying for permanent residence. This is in general not a good idea for the following reasons:

• Study in Australia is expensive – you might as well study something which is going to be useful to you in your future career
• It’s very difficult to pass a course you have no interest in
• You obtain extra points if you work in your occupation after completion of your course

2. 2 Years Study


To get the full benefit of study in Australia, you will need to complete a course or courses which are registered for at least 92 weeks on CRICOS. If you are studying a one-year course, you may consider studying a second year to complete the 2 years of study, but the courses must be closely related to your occupation

3. Closely Related Studies


There are a couple of issues to consider in looking at closely related studies:

• The subject matter needs to be relevant to your occupation; and
• The level of the qualifications needs to be appropriate to your occupation

In terms of subject matter, the Department of Immigration is relatively flexible when it comes to generic business and IT courses – for example if you are studying a trade such as hairdressing, it may be possible for you to count business studies on the basis that the business studies will be useful to you in starting a business as a hairdresser.

In terms of the level of the qualification, you can run into trouble if your qualifications are at a very different level – for example, if you do a certificate qualification in hairdressing, then do a Masters in IT, the Department of Immigration may not accept that a Masters level qualification in IT will be useful to you in your career as a hairdresser.

4. Right Qualification Level
Only the following qualifications can be counted towards the 2 year study requirement:

• Degrees: this includes Bachelor degrees, Graduate Diplomas, Masters and PhDs
• Diplomas: generally this would be a 2-year qualification
• Trade certificates: Certificate III or higher in a trade occupation (Group 4 in ASCO)

Completion of the following qualifications would not in themselves suffice for the 2 year study requirement:

• Graduate Certificates (In general, these are 6-month courses and are equivalent to half a graduate diploma)
• Associate Degrees (2 year qualifications leading towards a degree)
• Certificates I and II in trade occupations (eg Certificate II in Hairdressing)
• Certificates I, II, III and IV in non-trade occupations (eg Certificate IV in Business)

However, if you have completed lower qualifications on the way to completing a qualification which can be counted, the period of study at the lower level might be counted towards the 2 year study requirement. For example, if you have completed a Certificate IV in Business and this gave credits towards completion of a Diploma in Business, then it may be possible to count the time taken to compete the Certificate IV towards the 2 year study requirement.

5. Masters or Honours Years


If you are completing a bachelor degree in Australia, then you may consider completing an honours year or masters qualification after you finish. This could give you 10 additional points, but you need to be aware of the following:

• The total period of study in Australia needs to be at least 3 years
• The masters or honours year needs to be at least 12 months
• If your degree is awarded at the honours level (eg law, engineering), this can also give you the 10 points
• The honours needs to be at the 2nd Class, First Division level or higher
• All qualifications need to be closely related

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Getting your PR – A Guide for International Students (Part 2) Skills Assessment

Many international students studying in Australia dream of one day becoming permanent residents and staying on in Australia for good. The most common pathway for students is to apply for General Skilled Migration on completion of their studies.

Whilst there is a lot of information on immigration on the internet, sometimes it’s difficult to figure out in practice what your chances are and what you need to do next. You could ask a friend who has applied before, but the rules change so quickly that this can be dangerous. As the processing time for General Skilled Migration gets longer, chances are you won’t find out that you’ve made an error in your application for a year or more after lodgement.

This guide is intended to provide an easy to follow outline of the main things international students need to be aware of in applying for General Skilled Migration.

Nominated Occupation


The first decision you will need to make is which occupation to nominate in your application. You will need to pass skills assessment in this occupation. Your occupation must be on the " target="blank">skilled occupations list. You will be awarded a certain number of points for your occupation – either 40, 50 or 60 points.

Choosing the right occupation is very important for the following reasons:

• You have to be able to pass skills assessment in the occupation
• To lodge an “onshore” application and stay in Australia during processing, you must nominate a 50- or 60-point occupation
• Your studies must be “closely related” to your nominated occupation
• Some occupations are in demand for state nomination, which makes the application much faster and more likely to succeed

To apply for skills assessment, you must make an application to the relevant assessing authority for your occupation. The assessing authority will then evaluate your qualifications and in many cases work experience and give an assessment as to whether your skills are suitable for migration in your occupation.

40- and 50-Point Occupations


These occupations are assessed based on qualifications only:

• 40-point occupation: this in general requires you to have a qualification at the level of an Australian diploma
• 50-point occupation: you would need a qualification equivalent to an Australian degree

It may seem strange, but the assessing authority is only interested in the level of the qualification for 40- and 50-point occupations. The actual subject matter of the qualification and your work experience does not matter for assessment in these occupations.

60-Point Occupations


Requirements for 60-point occupations vary widely depending on the occupation:

• Trades (eg cook, hairdresser, graphic pre-press): you either need to have an Australian certificate III plus 900 hours of relevant work experience, or overseas qualifications and a significant amount of work experience
• Accounting: you need a degree covering at least 9 of the 12 core accounting subjects, or membership of a recognised overseas accounting body
• Computing/IT: you would need a degree, masters or graduate diploma in IT from an Australian university. If you have overseas qualifications, you would need at least 4 years and in some cases up to 8 years of work experience
• Teaching: graduate diploma in education, or overseas qualification and high level of English (7 in Academic IELTS)
• Nursing: degree in nursing, plus high level of English (7 in Academic IELTS)
• Manager: 5 years of experience at a very high level of management

Timing of Skills Assessment


The timing of skills assessment will depend on whether you are applying for an onshore skilled visa or an offshore skilled visa. For offshore skilled visas, you must have a positive skills assessment before you apply for the visa.

For an onshore skilled visa, you need to have lodged your application for skills assessment before you apply for your visa. The skills assessment does not need to be finalized before you apply, but you will need a positive skills assessment before you can be granted the visa (even for the skilled graduate temporary visa).

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

All forms of killings is unacceptable: Nigeria in Perspective

The ocassional upheaval in the northern part of Nigeria has always revealed the impiety in some men’s heart. I say ‘some men’ because, I don’t concur with the view progressively gaining momentum that, “all men are wicked”. If you have a strong dissenting opinion over this cliché, I won’t bring a railing accusation against you, because the some of the happenings leave us all dumbfounded at the attitude of man at the slightest provocation. I still struggle to wonder how a man with a human heart, not a dog’s heart, could muster enough courage to chop off the head of his neighbour he has lived with for years; or to lock a family, I mean – father, mother, and five children in their own house and burn them alive. Only for the perpetrators to rejoice and clap their hands at their supposed bravery, brandishing their weapons with ecstasy as though a divine mandate has been accomplished, while the helpless victims burn slowly to death in the human ignited inferno. What else can I say? Does the story of the youth corper who called the dad few minutes before his death, expressing his fears as he saw his slaughterers marching towards him, ring a bell?

I wonder, not because I have not read the history books about such animalistic proclivity- but in the 21st century, right before our eyes, is what my soul strives to comprehend. It is on record that Nigeria has over 300 ethnic groups, with each of course, bearing its singular interest. In response to this, there is a Constitution that seeks to curtail each singular interest not to manifest at variance to another’s interest or the nation’s collective interest. Some residents have confided that beyond the political smokescreen that there exists a religious undertone. Nevertheless, is it a justifiable reason to kill and loot?

It is at this juncture the constitution comes to our aid. Section 33 of the 1999 Constitution of the Federal Republic of Nigeria entitles every Nigerian a right to life and none is to be deprived of this right intentionally. It is a fundamental breach for another to kill a fellow citizen of Nigeria because his religious book says so. Section 38 empowers any citizen of Nigeria to choose any religion of his choice. No one is to be forced to belong to a sect he does not want to. The constitution says, this freedom “can either be alone or in community with others, and in public or in private, to manifest and propagate his religious or belief in worship, teaching, practice and observance”. Furthermore, Section 10 says the government of the federation or a state shall not adopt any religion. The combine effect of Section 10 and 38 gives the Nigerian, the audacity and unquestionable right to practice his faith anywhere, I repeat anywhere. This Law has not been amended. It remains the law.

I cannot but end with this apt and succinct extrapolation of the power of the constitution by Justice Niki Tobi in the case of A.G Abia v. A.G Federation ( 2007) 1CCLR SC 104 at 169 -170, where he stated thus;
“The constitution of a nation is the fons et origo, not only of the jurisprudence but also of the legal system of the nation. It’s the beginning and the end of the legal system. In Greek language, it’s the alpha and omega. It is the barometer with which all statutes are measured.”


Numerous International treaties have outlawed all forms of actions that hamper the freedom of any person to life, immaterial of religious or political reasons.

Let the Law take its course and let the earth be silent.


Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Criminal Injustice

In society today, false accusations are becoming more and more apparent. This shouldn’t be the case; especially because all of the advances in resources and tools are making it possible to prove someone’s innocence.

After interviewing an attorney who practices law in the La Crosse County, we found that in cases of sexual assault and domestic abuse the criminal justice system is flawed. In such instances, there are usually only two people present and it becomes a struggle to figure out what truly happened. People tend to view and express situations completely different from one another which make an attorney’s job even more difficult at uncovering the truth.

When looking at crimes in which people are wrongly accused a certain theme is evident. Most wrongly accused people are dealing with crimes in which are driven by emotion and as a result places more pressure on the justice system to place blame.

To raise awareness and combat this problem, it is essential to understand that everyone has constitutional rights and deserves fair and unbiased trials. Seeing as Steven Avery is vying for a new trial currently, it is hard to overlook this issue. It is crucial for the system to get it right the first time so that innocent people aren’t being punished for crimes they didn’t commit.

The Wisconsin Innocence Project has been working hard to find the truth in such cases where people feel they have been wrongly accused. Although without proper evidence and representation to start with, this vicious circle will continue. The Criminal Justice System was designed to protect its people, which is why everyone should do what we can to defend and preserve it.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic