Questions & Answers - Legal Advice Middle East

Will there be any issue transiting in Qatar if I have unpaid credit card in the UAE?

Q: I am out of the UAE, and 6 months short of payment on AED 50k credit card, which after interest accumulated to AED 60k. Will there be any issue transiting in Qatar?

Travel ban issued for unpaid credit card debt? What are my options?

Q: Hi, I couldn`t pay my credit card dues, and now I have received a message saying that a travel ban has been issued against me.

Can I stay after eviction if landlord wants to rent as holiday home?

Q: Dear Sir/Madam, Can I stay in the property after the eviction period of 12 months? The landlord`s reason is to sell, but I know he wants to rent it as a holiday home.

After deportation, should we apply for cancellation of deportation or apply for mercy?

Q: Dear Sir/Madam, After deportation, should we apply for cancellation of deportation or apply for mercy?

I have a friend who overstayed for 6 years and still in the country. How can she resolve her issue?

Q: I have a friend who overstayed for 6 years. She ran away due to her rude employer who did not have her food and hurt her. So she ran away. He filed an absconding case against her and asked for an amount of 9k the total cost of her visa. She had no money at the time they encountered him at the police. The problem is she did not follow up or ask for help from other people, however. They scammed her with a bunch of money. I would like to know how can she move forward to work here in UAE. She has no passport right now with an absconding case and with a penalty of 64k as I checked her details.

How to remove an absconding case filed by travel agent to proceed with my employment visa?

Q: Hi I have an issue with my visa for absconding. The medical is already done and the Emirates ID form is completed but the stamping is not complete. They said I have an absconding case in Sharjah. My visit visa in Sharjah expired on 10-07-2023 and I already changed my status on 11-07-2023, but the travel agent filed for absconding on my visa. I told him before the absconding to wait and that I will send him the offer letter from my company as I got a job but I don`t know why he filed absconding against me. How can it remove it?

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How long does it usually take to sort the request for the cancellation of deportation?

Q: My deportation cancellation request in Abu Dhabi shows the status of "in progress" for 3 days. How much more time will it take? Any idea? Thanks

انتهت مدة الإنذار بالإخلاء بعد طلب المالك الجديد تبديل الشيكات. ما العمل؟

س: السلام عليكم، أنا مستأجر في دبي. المالك القديم باع الوحدة لمالك جديد وكان هناك شيك مستحق قبل إتمام عملية البيع بخمسة عشر يومًا ولم يصرفه المالك القديم. تلقيت رسالة علي الواتساب من رقم غريب يقول أنا المالك الجديد للعقار ويُرجَى تبديل الشيكات. لم أجب حتى أتأكد من جدية الرسالة. بعد يومين وجدت إنذارًا عدليًا للإخلاء لعدم سداد الإيجار. تواصلت مع نفس الرقم ولكن لا توجد إجابة، وأرسلت رسائل لإعلامه باستعدادي لدفع المبلغ الأول نقدًا وإعطاء الشيك الآخر باسمه، ولكن لا يوجد رد. انتهت مدة الإنذار. ما موقفي القانوني الآن؟

Will an external expert accounting report help my case in DIAC arbitration?

Q: Hello lawyers, I want to proceed with arbitration through the Dubai International Arbitration Center (DIAC). Is it better to have an external expert accounting report prepared before going to arbitration? Would this support my case? Also, are these external expert accounting reports considered by the arbitration committee if they are prepared by any of the UAE mainland registered experts? Or are there any other experts who are registered elsewhere that I need to contact? Kindly advise!

Do I have to serve my notice period after completing my rotational leave?

Q: Good afternoon. I have been working with my employer for the past 3 years and 9 months. According to my contract, I am required to work 42 days and take 21 days of unpaid rotational leave. 6 months ago, my employer changed my rotational working cycle to 60 days of work and 60 days of unpaid leave. I did not agree to this change, but I have been working under this new cycle for the past 3 rotations. I resigned from my job while I was on rotational leave and requested to be released from my contract with a 30-day notice period. However, my employer informed me that I must first complete my rotational leave, which is 60 days, and then serve a 30-day notice period after returning to work. I have another job that I need to start in 20 days, but my current employer is not releasing me. I officially submitted my resignation via email on July 12, 2023, from India. Due to this issue, I traveled to Abu Dhabi on July 18, 2023. Please advise me if I must serve my notice period after completing my 60-day rotational leave, or if it can be calculated from the date of my resignation.

Can I exit Dubai without paying overstay fines if my out pass is not approved?

Q: Good evening Sir, I have a question regarding my overstay. I have fines already. My visa expired on October 2022. Is it possible to exit the country without paying the fines? I have a ticket for my flight on July 25, 2023. I applied for an out pass from Abu Dhabi but it is still not approved. Can I still exit the airport?

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Employee working outside of official duties: Is it legal?

Q: Dear Sir/Madam, Good day! I hope this email finds you well! We have received information that one of our employees, who is under our sponsorship, is working outside of his official duties and receiving payment from our clients. We would like to inquire if the labor law permits employees to work outside of their official working hours. Furthermore, as an organization, we take any violation of company policies and labor laws seriously. If it is found that the employee in question has indeed been working outside of his official duties without prior permission, we may have to take disciplinary action against him. We request your guidance on the course of action that we should take in this situation and if there are any specific clauses of the labor law that we should consider while taking disciplinary action. We appreciate your response and look forward to hearing from you soon. Thank you!

How to cancel a visa without sponsor in Dubai?

Q: Dear Sir/Madam, I want to cancel my visa. I am unable to contact my sponsor, so I visited the nearby Amer center. They advised me to cancel my visa from the labor department first. How do I do that? I was also informed that my labor ID has not been renewed for almost 2 years. Is that possible? I have a fine, but I don`t know how to ask for a waiver.

How to evict an existing tenant after purchasing a property in Abu Dhabi?

Q: Dear Sir/Madam, I have bought a villa in Al Reef, Abu Dhabi for my family to live in, and I want the existing tenant to vacate the house with a notice period. The old tenancy contract with the previous landlord is valid until December 30, 2023. What are my rights, and how can I pursue them?

A tenant refuses to renew the tenancy contract with new conditions. What to do?

Q: Dear Sir/Madam, I sent a renewal notice to my Dubai tenant with more than 3 months advance. In the renewal, I adjusted the rental increase as per RERA of 5% and requested a change in payment conditions from 4 to 2 cheques. The tenant agreed to the new amount but did not agree to the new payment conditions because, according to him, the provisions to change the terms in the contract allowed by RERA were only suggestions and not enforceable. Therefore, the contract renewal has not yet gone forward because we do not agree with his interpretation. While consulting our options, RERA updated the rental increase for the area from 5% to 15% since the tenant is paying well below market price. We sent the tenant a new proposal with the updated RERA-allowed increase of 15%, offering back payments of 4 cheques. The tenant refused again, arguing that the new proposal is not applicable since we are now out of the 90-day previous notification window required. Please advise our options!

Can the wife prevent the husband from seeing his daughter during divorce case and custody?

Q: I am a husband going through a divorce case in the Dubai First Instance Court and with a 10-year-old daughter. I have some questions about my rights as a father: 1. What are my rights regarding child custody during the First Instance and Appeal stages of the divorce case? 2. Can I meet my daughter before the final judgment is issued? Are there any conditions or limitations for these meetings? 3. If my spouse has custody of our child and refuses to disclose her location, can I take any legal action for Child Abduction? 4. Can my spouse restrict my communication with her and her family members? Can she enforce a specific mode of communication, such as email? 5. Can my spouse make decisions regarding our daughter`s schooling without my permission? I would appreciate any guidance on my legal options in these matters. Thank you.