Questions & Answers - Legal Advice Middle East

Appealing an embezzlement judgment in the UAE, what are my chances?

Q: Dear Sir/Madam, I have a case of embezzlement of funds amounting to 10,000 AED, as claimed by my company. The first judgment was to pay a fine of 13,517 AED, but I appealed and the final judgment will be on August 22. What will happen to me? Are they going to change the judgment to imprisonment and deportation?

هل ترفض المحكمة الدعوى الأولى للطلاق للضرر رغم وجود الإثبات؟

س: السلام عليكم، رفعت دعوى طلاق للضرر وأرفقت مذكرة شارحة للضرر النفسي والجسدي وكذلك تقارير طبية عن سنين ومحضر شرطة دليل التعدي بالضرب. رغم هذا الكثير من المحامين يقولون إنه الأغلب أن ترفض المحكمة الدعوى! لماذا وأنا متأذية وليس لدي أي طاقة أو مجال لرفع دعوى ثانية أو أن أكمل مع هذا الشخص. لهذه الدرجة الزوجة أو الأم لا تشغلهم ولا حجم الأذى والألم الذي تعاني منه في علاقة سامة! ماذا أفعل؟

Hourly rate increase not honored after 12 weeks, what can I do?

Q: Dear Sir/Madam, I have been working for a recruitment agency and I was told that my hourly rate would go up after 12 weeks. I was also given a handout that said this. However, they are now telling me that to get the higher rate, I have to have been in the same placement for 12 weeks. I wasn`t told this and it`s not on the handout.

Seller cleared mortgage late, bank declined disbursement - what to do?

Q: Dear all, I am writing to you regarding a property sale breach of contract. I signed a Memorandum of Understanding (MOU) as the buyer of a mortgaged property in Dubai. The purchase I am making is also through a mortgage. However, the seller only cleared the mortgage on the property he is selling to me after I received the final offer letter from the bank for the mortgage I applied for, based on the documents I submitted. The seller signed the MOU to sell a mortgaged property and provided the documents to support this. However, my bank has declined the disbursement because the details have changed without prior notification or explanation. In order to complete the transfer, I have to reapply for a mortgage. The seller has refused to extend the MOU, and a new title deed has to be issued according to the new details of the mortgage-free property. How can I best deal with this situation, since the MOU has expired and everything was done on time from my side? Thank you!

How to legalize a marriage certificate from Utah, USA in the UAE?

Q: Dear Sir/Madam, My husband and I are both Muslim. We got our marriage certificate online from Utah, USA. It has an apostille stamp and is fully authentic. We want to legalize our marriage certificate here in the UAE, but we have been told that it is not possible unless we go to the USA and have it stamped at the UAE embassy there. This doesn`t make sense, as we are not American citizens and we do not have residency there. How can we attest and legalize our marriage in the UAE?

The consequences of leaving Dubai with a pending visa cancellation

Q: Dear Sir/Madam, I am currently holding a visa to change status from a tourist visa to an employment visa. However, I have decided to go back home before it expires as I am facing financial difficulty even with my current employment. My employer is saying that I cannot leave without canceling the visa. What will be the consequences if I leave Dubai before the cancellation takes place?

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I lost money and opportunities due to a failed immigration process. What can I do?

Q: Dear Sir/Madam, I applied for Canada immigration in August 2020 and paid 4,000 AED for the process, with a guaranteed 100% refund if they couldn`t get me immigration. To date, nothing has happened. When I asked for a refund, they said they could only give me 1,500 AED. I lost money, time, and opportunities in other areas due to this immigration process. Can I get my money back as promised in the contract, along with compensation for their lies? Please advise!

Resignation after 1 year and 8 months: Do I have to pay anything?

Q: Dear Sir/Madam, Do I have to pay anything if I resign after 1 year and 8 months? I am no longer satisfied working with this family. Please let me know!

Company not giving me employment visa, passport still with them: What to do?

Q: Dear Sir/Madam, I gave my passport to the company. I am working on a visit visa and the company has not given me an employment visa. I need my passport back. The company has now asked me to transfer my credit to a new sales representative. My salary for last month is pending.

Can I refuse to have my photo taken for my company's website?

Q: Dear Sir/Madam, My employer is preparing a "meet the team" section on the company`s website. They want to take everyone`s photo to add it to the website publicly. Am I within my rights to refuse to have my photo taken with the purpose of it being displayed on the company website? How can I formulate my refusal? Thanks!

Do I have to pay my company for resigning early?

Q: Hello, I resigned from my company after 9 months. I signed a company letterhead agreement stating that I would pay for visa and other expenses if I resigned before the end of my contract. However, there is nothing in my Ministry of Labor contract that says I have to pay anything. The company has already deducted 800 AED for visa expenses from my salary and is now demanding an additional 20,000 AED. Should I pay them? Is there any legal value to a company letterhead agreement?

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Can a company cancel an employee's visa while on vacation?

Q: Dear Sir/Madam, Is it possible for a company to cancel an employee`s visa while they are on vacation, and then not allow them to return to the UAE?

زوجي يضربني ويريد الطلاق بدون دفع المؤخر. ماذا أفعل؟

س: السلام عليكم، زوجي ضربني ولدي تقرير طبي وتوجد شاهدة. لدي أيضًا صور تبين الاعتداء وزوجي لم يقترب مني إلا مرتين أو ثلاث، علمًا بأني متزوجة منذ ستة أشهر فقط؛ وهو يعاني من مشكلة جنسية وغير قادر على أن يؤدي علاقة جنسية. ذهب للطبيب مرة وأخذ دواء. الآن كثرت المشاكل وأخبر أهلي أنه يريد أن يطلقني ولكن لا يريد تحمُّل دفع المؤخر وأنا لا أريد أن أتنازل عن حقي. لا يجيب على الاتصالات ولا يريد أن يرجع إلى البلد ويطلق. هل الأفضل أن أرفع عليه دعوى بالإمارات؟ وما تلك الدعوى؟ وكيف تتم الإجراءات؟

How to withdraw absconding case from Tasheel while residing in India?

Q: Dear Sir/Madam, I have an absconding case against me after I left the UAE due to a misunderstanding between my management and me. I am currently residing in India. How can I approach Tasheel to withdraw the absconding case? Do I need to travel back to the UAE again? Will there be any immigration issues if I approach Tasheel?

Legal implications of civil case judgment against someone serving criminal sentence

Q: Dear Sir/Madam, Someone is serving a 6-month sentence for a criminal offense and deportation in jail in Dubai. His sentence will end in January. However, a new civil case has been filed against him for 29 million Dirhams (AED). He did not have a lawyer to represent him in this case, so if the judge does not rule in his favor due to lack of evidence, what will happen? Will he stay in jail after his sentence for longer if he cannot afford to pay the 29 million Dirhams? What if he appeals the judgment of the civil case? The appeal process can take a long time. Does this mean he will still stay in jail after January because he has deportation pending until the appeal of the civil case is complete? Or will he be sent back to his country in January, even though he still has the new civil case pending? Thank you!

How long does a first instance hearing at the RDC take? Do both parties get to speak?

Q: Dear Sir/Madam, How long does a first instance hearing at the Rental Disputes Center (RDC) take place? Will both the claimant and defendant have a chance to explain their points?