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PDF Editor FAQ

Since India does not recognise same sex marriage, does an Indian citizen have to put their status as "married" for visa/passport purposes, even though this is not legally recognised?

My husband & I are both male.My husband was born & raised in Haryana, India to parents born & raised in Haryana, India & I was born & raised in New South Wales, Australia to parents born & raised in New South Wales, AUS.On 1 August 2018 my husband & I were legally married in Parramatta, New South Wales, Australia, under the Australian Marriage Act 1961's Marriage Amendment Act 2017.As my husband did not have a surname on his Passport he was unable to use our New South Wales, Australian Marriage Certificate to change his name to include my surname, so we ordered a New South Wales Change of Name Certificate to add a surname where there had never been one.As we had gone through the hassle & cost of ordering a Change of Name Certificate on top of the costs of our recent wedding & Marriage Certificate I decided it would be a great idea to add my husband's father & brother's surname “Sharma" added as a middle name for my husband on the Change of Name Certificate which was not possible using our Marriage Certificate.After having my husbands current name updated on his Australian Drivers License & Bank Account I contacted the business responsible for issuing Indian Passports & Visas in Sydney, New South Wales, inquiring if we could update my husband's name & spouse details on his Indian Passport with our Australian Relationship Certificate, Marriage Certificate, Change of Name Certificate, Statutory Declaration & Drivers Licence. I was informed that it could only be updated if 2 newspaper Change of Name advertisements were applied for & attached with an application form detailing the change of name & spouse details.I emailed our Relationship Certificate, Marriage Certificate, my Australian Passport & his Indian Passport inquiring if my details could be added on my husband's Indian Passport as his spouse & I was emailed this in response:“Dear Jethro,Thank you for contacting VFS India Passport & Visa Services Center in Australia.As per your query, please be advised that the applicant can change his name as well as add your name as spouse in the same application form. We would request you to kindly provide the supporting documents as per the checklist.Kindly click on the link below for documents required:http://www.vfsglobal.com/india/australia/passport_service/pdf/Passport-Checklist.pdf.”I emailed the Indian Consulate in Sydney & asked them & received this email in response:“Dear Jethro Sutherland-Stephenson,As per Indian government passport policy, same sex spouse name cannot be included/endorsed in passport.”So, for now, it seems that it is not possible & will not be possible until the law changes in India to allow & recognise same-sex marriage.Thank you for taking the time to read this,Jethro Sutherland-Stephenson

Is Trump correct when he states he has the absolute right to tell companies not to do business with China?

Short answer is Yes, Long answer is kind of and the real answer it has nothing to do with trade: so pick the one you like.Surprisingly it does not quite work the way he imagines, He has the absolute right and authority once he petitions congress to give him the ability successfully.I am skeptical of anyone regardless of position or prestige proclaiming absolute knowledge of the law when they have not even taken the LSAT. He always claims he has absolute authority to do anything. If the law were so easy to understand it would not require years of academic study followed by years of practice , He is the epitome of a jail house lawyer.I am not a lawyer much less a practicing constitutional one, so I can not offer a learned opinion on this : only some research and some questions:“The International Emergency Economic Powers Act (IEEPA) provides the President broad authority to regulate a variety of economic transactions following a declaration of national emergency. IEEPA, like the Trading with the Enemy Act (TWEA) from which it branched, sits at the center of the modern U.S. sanctions regime. Changes in the use of IEEPA powers since the act’s enactment in 1977 have caused some to question whether the statute’s oversight provisions are robust enough given the sweeping economic powers it confers upon the President upon declaration of a state of emergency. “ —-https://fas.org/sgp/crs/natsec/R45618.pdfSo, I suppose the first question would be“What is the national emergency?”“How is a national emergency determined?”“How could a national emergency be declared?”OverviewThe National Emergencies Act (NEA) authorizes the president to declare a “national emergency.”1 A declaration under NEA triggers emergency authorities contained in other federal statutes. Past NEA declarations have addressed, among other things, the imposition of export controls and limitations on transactions and property from specified nations.2 A national emergency was declared in 2001 after the September 11th terrorist attacks and has been renewed every year since then. (Download a printable PDF.)What the Law DoesThe NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3 During the 2009 H1N1 influenza pandemic, the president’s declaration of a national emergency under the NEA, coupled with the HHS secretary’s prior determination of a public health emergency under Section 319 of the Public Health Service Act (PHSA), permitted the activation of Social Security Act (SSA) Section 1135 waiver authorities. (See Figure A for the text of the 2009 H1N1 NEA declaration.)How the Law WorksThe NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.DeclarationNEA Section 201 authorizes the president to declare a national emergency. The proclamation of a national emergency must be immediately transmitted to Congress and published in the Federal Register.1,2 Under NEA Section 301, statutory emergency authorities enabled by the national emergency declaration cannot be exercised until the president specifies the provisions of law under which the president or other officials will act. Such specification may be made either in the declaration or in subsequent Executive Orders published in theFederal Register and transmitted to Congress. ————-National Emergencies Act, Sections 201 and 301In my very lay opinion: while there seems to be provision to support a national emergency is anything the President deems as a national emergency there is a little bit of effort and homework that goes into it in order to sale it to congress.So yes prima facia lly (not sure that is a word if not coining it because love anytime I can include the term facial in an academic thought.,,on the surface he is right, he has the authority to declare a national emergency and under that use IEEPA to supersede a number of legal obstacles. If only wishing made it true for the President,He still has to sell the emergency to congress and well articulating a policy point and making an eloquent legal argument might not be inside the Presidents wheel house,This is where he might hit a snag. First the House is not going to vote to shoot the economy in the foot. Second, Trump can not have a meeting with the Speaker of the House without going out of his way to insult her before and after the meeting which makes it a little hard to move people to your side of an issue…some call this the art of diplomacy. Next , even if for some reason the house decided to pass it, His buddy Mitch in the senate might have an issue with it because , well at the very least its going to make his wife and if not wife unhappy, definetly his inlaws:“WASHINGTON (Reuters) - Senate Republican Leader Mitch McConnell on Wednesday prodded President Donald Trump’s administration to quickly resolve festering trade disputes particularly with China, saying tariffs imposed by other countries in response to Trump’s trade policies are starting to pinch the “red hot” U.S. economy” Senator McConnell says tariffs hurt, urges trade progressThen there is his (Mitch) wife Ms. Chao“In China, the Chaos are no ordinary family. They run an American shipping company with deep ties to the economic and political elite in China, where most of the company’s business is centered. The trip was abruptly canceled by Ms. Chao after the ethics question was referred to officials in the State and Transportation Departments and, separately, after The New York Times and others made inquiries about her itinerary and companions.“She had these relatives who were fairly wealthy and connected to the shipping industry,” said a State Department official who was involved in deliberations over the visit. “Their business interests were potentially affected by meetings.”====A ‘Bridge’ to China, and Her Family’s Business, in the Trump CabinetSo assuming that after spending the morning before meeting with her (Trump vs Nancy) insulting the Speaker, she still rallies and wrangles democratic support to pass the national emergency legislation; Mitch would have to bring it to a Senate vote while disregarding his public position on trade, tariffs and the economy and no doubt causing issues for his family and particularly his inlaws.The upside is it will be great news for trade and the economy, but not particularly ours. It will allow China to go into places against US sanctions that it previously has not been able to except in limited range such as Afghanistan, Iran, the Sudan etc. It will be a huge benefit to Canada actually as now many Americans will start purchasing goods either through Canada or actually going to Canada to purchase them.It will force American business to employ and rely on American components and jobs or will it. Wouldn’t they just transfer their HQ over seas or at list just create subsidiaries that are free to do whatever with whomever as there are still 131 other countries to sell and trade with?Again I really am not an expert and am not saying that to be coy, sarcastic , ironic or cheeky, but it seems to me if I am a huge international company like Azus, Acer, Google, AT&T Coca Cola, Amazon, Ford, Chevy, Walt Disney, —-well I would just create a new corporate structure that allows me to continue to benefit after all I have huge departments of people called lawyers who specialize in the law who just have to design a way for me to profit the most from whatever act and since this one would not be in response to a great crisis be it sovereignty or humanitarian , I do not see even Coca Cola running scared. I say Coke because they have in the past shown great integrity as a company , most probably known leaving German during the rise of the Nazi party.So what is my opinion of his statement: it is him playing to “yellow peril” fears of his base, while finding a way to paint democrats as against Americans and on the side of China as he did both in the 2016 primary against other republicans and in the general election utilizing a slew of logic fallacy to give the appearance of winning a debate.

If my grandmother recently became an Australian permanent resident, do I have any options to move to Australia as her relative or not?

Hi,Including family members in your applicationThis information is for people who can include a family member in their application for a visa, other than a refugee, humanitarian or protection visa.For information on including family members in a refugee, humanitarian or protection visa application see Form 1497i — Including family members in your refugee, humanitarian or protection visa application (110KB PDF).Not all visas are the same. Read the requirements for the visa you are applying for to confirm who can be included in your application.A member of your family unit can be your:partner – married or de facto (same or opposite sex)ordependent child, up to 23 years of age (there are some exceptions, see below under Eligible child below).If your child is born after you lodge your application (but before it is decided), the child will automatically be included in your application(s). It does not matter if the child is born in or outside Australia. You will need to tell us about the birth as soon as possible.Eligible childTo include a child as migrating with you in your visa application, the child must:be your child or a stepchild from a current or a previous relationship (in certain circumstances);not be married, engaged to be married, or have a de facto partner; and must be:under 18 years of ageorover 18 years of age but not yet turned 23, and be dependent on you or your partnerorover 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement)ora dependent child of a child who is eligible under 1, 2 or 3 above.Your child or stepchild is considered to be dependent if they continue to be wholly or substantially reliant on you for their basic needs (food, clothing and shelter). Acceptable documents that can show a parent-child relationship include:a certified copy of each child’s birth certificateora certified copy of adoption papers.Some visas require that the child has never been married or in a de facto relationship.Parental responsibility (custody) for children under 18 years of ageAustralia must fulfil its international obligations in relation to the prevention of child abduction.If a child is applying for a visa (on their own or as part of a family unit) and they are under 18 years of age, each person who has the legal right to decide where the child lives may be required to either give consent for the visa to be granted, or provide a court order allowing the grant of the visa to the child.Acceptable documents include certified copies of:an overseas court order giving you the sole right to decide where the child should livea completed Form 1229 — Consent to grant an Australian visa to a child under the age of 18 years (142KB PDF)a statutory declaration, signed by the child’s other parent (or other person with a legal right to decide where the child lives), that allows you to take the child to Australiaa death certificate for the other parent and other documents giving you the sole right to decide where the child should live, oran Australian court order giving you the sole right to decide where the child should live.In the case of a stepchild from a former relationship, you must prove you were in a relationship with the child’s parent and that you have been awarded:a residence order in force for the child under the Australian Family Law Act 1975ora specific issues order in force under the Australian Family Law Act 1975, giving you responsibility for the child’s long term or day-to-day care, welfare and developmentorguardianship or custody, whether jointly or otherwise, under a Commonwealth, state or territory law or a law in force in a foreign country.Evidence of your family relationshipWhen there is not enough evidence to support a claimed family relationship, the Department might request you and the relevant family member have DNA tests to confirm the relationship.If this happens, the Department will tell you what you need to do to arrange the test. The Department might not accept the results of tests done in any other way. You must pay for requested DNA tests.Source: Including family members in your application

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