Questions & Answers - Legal Advice Middle East

هل ترفع دعوى الطلاق في الإمارات أم في مصر؟

س: السلام عليكم، أعيش حاليًا في الإمارات وزوجي أيضًا. أرغب في الطلاق للضرر لكثرة المشاكل والضرب والسب وبيننا محضر شرطة سابق يخيرني بين الإنفاق في البيت بالنصف أو الطلاق فاخترت الطلاق. والآن يضايقني لأرفع قضية خلع كي لايدفع شيء من حقوقي أنا وابنتي عمرها ٨ أشهر. أحيانًا يصمم أن يطلق في مصر. أريد أن أعرف هل الأفضل الطلاق في مصر أم دبي؟ وإذا كان الأفضل في دبي، فكيف يُلزَم بدفع حقوقنا بعد الطلاق؟ وهل يمكن أن يترك البلد حتى لا يدفع شيء؟ أم يُمنَع من السفر مثلي أنا والبنت؟ وهل لو تنازلت عن حقوقنا يمكن أن يتنازل عن الولاية في كل حاجة لكي أبتعد عنه وعن مشاكله؟ أنا في موقف صعب بمفردي في البلد. برجاء المساعدة وإفادتي بأحسن حل لي ولابنتي!

Inability to join a new employer because the old company is not canceling the visa

Q: Dear sir/madam, I was working for a transport company in Abu Dhabi as an engineer. My limited contract end date was in September 2022. I gave one-month prior notice in August asking not to renew my contract as I had found another job to be joined before October 2022. To date, my old company has not paid my salary for August and September and also has not paid my end-of-service benefits and so my visa is also not canceled. Now, my new company is saying I am already late in joining and they cannot wait. I have my wife and a daughter also to take care of. I am paying my daily expenses with the help of my friends as I was not able to work since September. Is there any law in the UAE where I can claim compensation from my old company for not clearing my dues and putting me in a situation where I am jobless for 2 months now? Also, I have lost my new job offer due to this delay. Kind lawyers, please help!

How to come back to Dubai after deportation and ban for visa overstay?

Q: Dear Sir/Madam, My wife was working in the UAE from 2016 to 2018 and completely finished her contract. She got the cancelation of the papers from the company then she moved to another company. But the new company visa process got late from the date of the paper cancelation. So it expired and she did not exit the country at that time for more than 1 month. She went to her home country and she faced immigration at Dubai airport. They deported her for absconding and gave her an immigration ban. I tried in 2021 to get her a visit visa but that was also rejected. My question is how to come again to Dubai? Any possibility to check that at immigration?

How to get a Power of Attorney in the UAE?

Q: Hello, I would like to know how I can get a Power of Attorney here in the UAE. I have to send it to Algeria. Thank you!

What are the reasons for rejecting my visit visa twice and how to fix it?

Q: Dear Ma`am, My visit visa was refused 2 times. What`s the reason? It`s my first travel to any country.

How can I remove a travel ban issued after a bounced cheque case?

Q: I got the below message from Dubai Courts: Please note that a travel ban order has been issued against you regarding case [....] (Cheques Execution). Can anybody help? What to do next?

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How to claim back a small amount of money from a company for provided service?

Q: A company has still not refunded me 60 days after the cancellation of service (A total of AED 4000 for car/vehicle services). Dubai Economic Department intervention has given no results (the company/business has been told 3 times and agreed to refund me). What are the available next steps? Proofs available: 1) Receipt with written refund promise "1 business day" 2) Whatsapp chat log 3) Dubai Economic Department case references (they will have notes and can confirm the story).

Can the employer ask for compensation in case of resignation during probation?

Q: Hello, I signed a 2-year contract in a private LLC. Now I`m on a probation period. I need to leave my job and move to my country. Is it possible to resign during the probation period? Do I need to compensate the fees for breaking the contract with my employer? Thanks

The applicable law on an employee whose contract is with a Jafza company

Q: Dear sir/madam, I have an employment contract with a company that`s located in Jebel Ali Free Zone, while my work location is permanently outside of the UAE. My employers tell me I have no rights under UAE employment law as my contract is "International". They will not answer which country or laws my contract is subject to. Can anybody advise if I have any UAE employment rights at all? And if not, which rights might I be covered by? Thank you!

The cancelation of a contract signed one week before

Q: Hello, Good morning! I just have a question. Can I cancel the contract I just signed one week ago? My visa is not yet processed and I still have my documents. Thank you!

Can the buyer get the security deposit if backs out in a property purchase MOU?

Q: Hi, What if the buyer backs out in the purchase of a property after the internal MOU drafted by the seller was signed? There was a clause stating the security deposit will be returned upon full payment. Form F from the DLD was not yet signed. In this case, can we still get the 10% security deposit or not?

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Resignation without a ban or fine due to employer's maltreatment

Q: Hi, I am on a limited contract of two years with a company and this is the fifth month of my probation period. The employer is always insulting and accusing me of stealing his items from the company which is not true and he is doing the same to some of the employees. The employer made a statement that once he had made a visa for me for two years, he will make sure he torments my life. I don`t feel comfortable in the company. Whenever he calls me, he uses animal names instead of my name. Can I resign without any ban or fine?

The required procedures for a UAE woman to marry an Indian man

Q: Hi, My nationality is UAE. I want to get married in India to my first cousin. He is of Indian nationality. I will get married in India. As I am from the UAE, what are the requirements?

متطلبات زواج سيدة إماراتية في دولة الهند

س: السلام عليكم ورحمة الله وبركاته، عمري 28 سنة من دولة الإمارات العربية المتحدة. هل أستطيع أن أتزوج في دولة الهند؟ وما إجراءات توثيق شهادة الزواج؟

Using the new insolvency law to enter the UAE while there is an unpaid loan

Q: Dear sir/madam, I have a loan with a bank in the UAE. When I left, my gratuity was used as payment but I still owe some money. I tried to pay since going back to my home country but it has been financially hard. Recently, the bank filed a court case. They sent me the documents. I have every intention of paying but I can`t right now and I have decided that the only way to pay is to just come back to the UAE. My question is: Can I use the new insolvency law to get into the country if I am offered a job in the UAE?

Inability to complete the employment process by a hospital. What to do?

Q: Dear sir/madam, I need advice or suggestion regarding my case. I am a specialist doctor working in an MOH Govt job and I got a call from a private hospital in Dubai. CV was short-listed an interview was done and I was selected, then I received an e-offer letter and after accepting it, a final offer letter was signed. They asked me to resign from my job which I did with 1 month`s notice. Now after the cancellation of the license, they have to apply for a new license. For one month, I was waiting and asking for joining. Out of sudden, they are saying that they are not able to obtain a license from MOH because this category of the previous license is not applicable to the private sector. From the start, I kept mentioning and asking to be sure; they said no issue will be for getting it. Now they said they can`t. Now, I don`t know what can I do. I lost my previous job because of them. I want to know what legal rights I have, and what legal action I can take against the new company.