Q: I have an existing criminal "cheque bounce" case. Will it affect my capacity to get a new employment visa stamped and work in the UAE? A: An ongoing civil case, if exists, doesn't prevent an individual to process an employment visa in this case. You must start by resolving the criminal complaint…

Dubai, UAE

2011

Getting a new employment visa while a cheque bounce case is being processed

Hi All,

I have an existing criminal "cheque bounce" case under my name for dishonoring loan payments. I'm also a victim of unpaid salaries and gratuity from the previous employer.

However, I have reached a stalemate in negotiating with the bank as they are not interested in accepting the money I could offer in the interim despite having a clear understanding of my predicament.

Finally, I have an offer from a company after all these months and I'm anticipating to accept this offer but I'm yet to resolve the criminal case!

Since the bank is not willing to negotiate, I've planned to pay the criminal case removal fee or fine to the Dubai Police. I know that the bank would immediately proceed with a civil case should that happen.

My question is how long does it take to file a civil case? And can they initiate a travel ban without appeal while filing the civil case in court?

Will it affect my capacity to get a new employment visa stamped and work in the UAE while the civil case is active?

Elias Aoun

Maha Bin Hendi Law Firm

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6 Jan 2020, 08:26

Hello,

You will be able to process a new visa as soon as you resolve the criminal complaint. An ongoing civil case, if exists, doesn't prevent an individual to process an employment visa in this case.

Regards,

6 Jan 2020, 08:49

Hi,

Thanks for your response!

Also, would the bank be able to execute a travel ban while filing the civil case or later?

If so, would I be able to appeal to remove that in court; proving my new employment status and the reasons for non-payment of loan installments due to unpaid salaries?

6 Jan 2020, 10:11

An individual has the right to file an appeal. At this stage, we can not comment on what would be the court decision, it will be based on evidence, existing in the case.

However, a travel ban may be imposed by the court, if requested by the litigation party. It doesn't happen automatically.

In your situation, you must start by resolving the criminal complaint. Later, you may negotiate with the bank or apply for a settlement of your obligations according to the latest legislative updates.

6 Jan 2020, 10:33

Dear Elias,

Thank you very much! That helps me with the current situation. I will contact you once I clear the criminal case.

Sorry, one last question - Do I have to pay to appeal the decision of the civil court in Dubai?

6 Jan 2020, 11:06

In the event of an appeal before the Court of Appeal, the court fee payable is 50% of the court fee charged before the Court of First Instance limited to a maximum amount.

If you need our assistance, please do not hesitate to contact us at any time.

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Ludmila Yamalova

HPL Yamalova & Plewka DMCC

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6 Jan 2020, 13:02

I cover this topic in my legal podcast, LAWGICAL WITH LYLAW. This may be a good starting point for you.

Here is a link to all the episodes, which you can search and categorize by topic.

In LAWGICAL WITH LYLAW, I cover a variety of legal topics related to the U.A.E. If you require further tailored substantive legal advice, contact my firm via email for options moving forward.

Regards,

Ludmila

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