Diaspora & Expats

The legal demands of diaspora or Expat are complex and vary depending on the country or region of origin. In general, diaspora refers to the migration of a population from one area to another, typically involving the movement of a large number of people. but generally include visa and/or residence permit requirements, taxation obligations, and rights to work and/or to own property.legal challenges and issues faced by diaspora communities can vary greatly depending on their particular circumstances.for example, one of the most common legal challenges faced by diaspora communities is access to justice. Many diaspora members may not be familiar with the laws and legal systems of their new country.

Common legal issues

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Case studies

As a Diaspora, you need to know the followings:

Diaspora and dual nationality individuals face numerous legal challenges, including International Marriage, International Divorce, and Wills and Inheritance. Reasons? Countries may have different laws and regulations governing these issues, and a person’s nationality may influence which laws apply to them.

International Marriage

Marrying someone from a different cultural background is problematic because it involves language barriers, political and religious barriers, and conflicting gender roles. As a result, both parties must be aware of their spousal country’s laws and the potential for conflict regarding citizenship in their respective countries and foreign countries.


International Divorce

Divorce can be more complicated if the couple has children and assets in different countries. Determining which laws will govern divorce proceedings is even more challenging. As a result, people must determine and choose the proper jurisdiction for a strong outcome of cross-border issues such as child support, property division, and child custody, which can be done with the help of experienced family lawyers who can assist thoroughly.

Will & Inheritance

Dual nationals face inheritance issues in the countries where their assets and properties are located. Inheritance laws vary by country, affecting how assets are distributed after death. As a result, people with dual nationality MUST have an estate plan in place with proper documentation following the country’s laws.

Jurisdiction & Applicability of Laws

Because there is little clarity about the application of foreign laws and the enforcement of other judgments in the country, the link between the diaspora community’s extended families and their origin country frequently results in conflicts relating to marriage, spousal maintenance, tenancy, inheritance, and so on.

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Frequently Asked Questions

International entrepreneurs and businessmen can ensure a smooth transfer of assets to their beneficiaries by engaging in proper estate planning. Estate planning involves preparing legal documents that outline how an individual’s assets will be distributed upon their death. Here are some steps that these individuals can take:

Draft a will: A will is a legal document that specifies who will receive your assets when you pass away. It is essential to work with a qualified attorney to draft a will that meets all the legal requirements of the country where the assets are located.

Consider setting up a trust: A trust can help protect assets and avoid probate, which is the legal process of distributing assets upon death. A trust can also have tax benefits for the beneficiary. Again, it is advisable to work with a qualified attorney to set up a trust that meets all the legal requirements of the country where the assets are located.

Review beneficiary designations: Many assets, such as life insurance policies and retirement accounts, allow for a beneficiary designation. Make sure that the designated beneficiary accurately reflects your wishes and is updated regularly.

Consult with tax advisors: International estate planning can be complicated and may involve various tax implications. Consulting with tax advisors who have experience in international estate planning can help minimize taxes and avoid potential pitfalls.

Keep documents organized and accessible: Make sure that your will, trusts, and other legal documents are kept in a secure location and accessible to your executor or trustee.

By engaging in proper estate planning, international entrepreneurs and businessmen can ensure that their assets are distributed according to their wishes and that the transfer occurs smoothly.

 

For international entrepreneurs and businessmen in the UK or China who wish to get married to foreign nationals, the specific requirements and procedures may vary depending on the country and their individual circumstances. In general, however, they may need to fulfill certain legal requirements, such as obtaining the necessary visas or permits, completing any required paperwork or documentation, and meeting any residency or other eligibility criteria.

For example, in the UK, foreign nationals who wish to marry a British citizen or settle in the country with their partner may need to apply for a marriage or partner visa. These visas typically require the applicant to demonstrate that they are in a genuine and subsisting relationship with their partner, have the necessary funds to support themselves during their stay, and meet any English language or other requirements.

Similarly, in China, foreigners who wish to marry a Chinese citizen may need to obtain a marriage registration certificate from the local civil affairs bureau. This may involve providing proof of identity, age, and marital status, as well as presenting any necessary documents such as a passport or residence permit.

Overall, the process of getting married to a foreign national as an international entrepreneur or businessman in the UK or China can be complex, and it is advisable to seek the guidance of a qualified legal professional who can provide specialized advice and assistance based on their specific situation.

In the UK, the legal requirements for divorce include:

You must have been married for at least one year.
You need to have a valid reason for getting a divorce, such as unreasonable behavior or adultery.
You must meet the residency requirements, which means you or your spouse must live in England or Wales.
For international couples, additional considerations may apply, such as jurisdictional issues and the recognition of foreign divorces.

In China, the legal requirements for divorce include:

Both parties must agree to the divorce.
The couple must register their intent to divorce with the local civil affairs bureau.
They must complete a cooling-off period of 30 days, during which they can withdraw their application for divorce.
For international couples, the process may be more complex due to differences in legal systems and the need to navigate potential language barriers. It is advisable to seek legal advice from professionals familiar with the laws and regulations in both countries.

The laws and regulations pertaining to guardianship in the UK and China can vary, but here are some general guidelines for international entrepreneurs and businessmen:

UK: Appointment of a guardian: A guardian is someone who is appointed to take care of a child’s welfare and make decisions on their behalf if the child’s parents are unable to do so. In the UK, a guardian can be appointed by will or by court order.
Parental responsibility: Both parents have parental responsibility for their children unless a court order or agreement specifies otherwise.
Care arrangements: If a child is not living with their parents, the local authorities may become involved in making care arrangements.


China: Guardianship law: In China, there is no uniform guardianship law, and the rules governing guardianship can vary depending on the region and the specific circumstances of the case.
Non-parental guardianship: Under Chinese law, non-parental guardianship can be established in cases where the child’s parents are deceased, missing, or unable to provide care for the child.
Foster care: Foster care is an option in China for children who need temporary care.
It is important for international entrepreneurs and businessmen to seek legal advice in both countries to understand the laws and regulations governing guardianship and to ensure that their rights are protected. They may also wish to consider setting up trusts or other arrangements to manage their assets during their lifetime and after their death.

International entrepreneurs and businessmen who are involved in custody disputes involving their children can take several steps to resolve the situation. Here are some general guidelines:

  1. Mediation: Mediation is a voluntary process where a neutral third party helps parents work together to create a mutually acceptable agreement for child custody and parenting time.
  2. Collaborative law: Collaborative law is an alternative to traditional litigation that involves both parties working with attorneys to negotiate a settlement outside of court.
  3. Arbitration: Arbitration is a process similar to a trial, but less formal and more private. An arbitrator is appointed to make a binding decision about the custody dispute.
  4. Court proceedings: If mediation, collaborative law, or arbitration is not successful, international entrepreneurs and businessmen may need to go to court to resolve the custody dispute.

It is important for both parents to keep the best interests of the child in mind when resolving custody disputes, and to consider factors such as the child’s age, emotional needs, and relationship with each parent. International entrepreneurs and businessmen should seek legal advice from qualified professionals to understand the laws and regulations governing custody disputes in the relevant countries, and to ensure that their rights and the welfare of their children are protected.

International entrepreneurs and businessmen who wish to adopt a child from overseas in the UK or China will likely require legal assistance. Here are some of the ways that a lawyer can support them:

UK:

Pre-adoption assessment: A lawyer can help international entrepreneurs and businessmen navigate the pre-adoption assessment process, including ensuring that they meet the eligibility requirements and preparing them for the assessment itself.
Immigration requirements: A lawyer can assist with obtaining the necessary visas and meeting the UK’s immigration requirements for adopting a child from overseas.
Legal documentation: A lawyer can prepare and review legal documents related to the adoption, such as the adoption application, consent forms, and any agreements with the child’s birth family.
China:

Eligibility requirements: A lawyer can help international entrepreneurs and businessmen understand the eligibility requirements for adoption in China, and advise them on whether they are likely to be approved.
Adoption agency selection: A lawyer can help international entrepreneurs and businessmen choose a reputable adoption agency in China.
Legal documentation: A lawyer can prepare and review legal documents related to the adoption, such as the adoption application, home study report, and any agreements with the child’s birth family.
It is important for international entrepreneurs and businessmen to work with qualified legal professionals who have experience in international adoption law in both the UK and China. By working with experienced lawyers, they can ensure that they comply with relevant regulations and legal requirements, and increase their chances of a successful adoption.