Questions & Answers - Legal Advice Middle East

How to extend your stay in the UAE upon termination and cancellation of visa?

Q: In the month of April 2021, I received a 30-day termination notice. The company informs me of the visa cancellation, but there are only a few flights to India at this time. In addition, I must spend 14 days in quarantine in a hotel in my home country. When I explained the situation to them, they advised me to apply for a visit visa once my visa was canceled. Please let me know if any rules have changed as a result of the COVID-19 restriction/situation.

What are the legal requirements for marriage of expatriates in the UAE?

Q: Hi, I am a resident here in the UAE from the Philippines, but my partner is a US citizen. If he comes on a visit visa, can we get married here in the UAE?

إلغاء توكيل أُصدر في الكويت من مصر

س: عملت توكيل عام في الكويت وأنا الآن في مصر. أريد إلغاء التوكيل. ماذا أفعل؟

الإعفاء من غرامات التأخير في حالة صدور حكم قطعي بالبراءة

س: صدر ضدي حكم غيابي بغرامة وإبعاد. شرعت في عمل معارضة نظرًا إلي أنه كان سوء تفاهم بيني وبين الطرف الآخر. صدر الحكم بالبراءة. ما المقصود بالحكم القطعي بالبراءة؟ هل انتهت القضية؟ حاولت في هذه الفترة تعديل وضعي، ولكن انتهت صلاحيته نظرًا لعدم صدور الإقامة بسبب القضية. هل أُعفَى من غرامات التأخير؟ آسف على الإطالة وأرجو الإفادة!

How can I get a legal professional assistance to draft a shareholder agreement?

Q: We need to draft a shareholder agreement, who can provide me with costs?

How to claim the profits of an investment in a company after stopping payments?

Q: I have invested in a company for lucrative profit returns in 6 months documented in Dubai courts agreement plus a contract from the company. The company contract has weekly profit for an amount of 6 months. I have 4 contracts that end each in 6 months. The 1st contract ended in June, 2nd will end in July, 3rd in Aug, and 4th in Sep 2021. I did receive weekly profits delayed by ±4 days into my account, however, since the 3rd week of April, I have stopped receiving the profit from the company and CEO in charge of the deal. I have tried to communicate with the company and the CEO but all I get is a message saying `you will receive the amount his week`. No amount received and I have a substantial backlog. Due to this improper communication and dealing, I would like to know the course I should take to recover my investments. Appreciate the advice to move forward.

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What can I do if the company I invested money with denies my rights?

Q: I invested money in a trading company and the CEO has refused to pay me back with interest for 3 months now and my investment contracts end today. Please, what can I do? I can go to the police station to file a complaint. I need your legal advice, please.

Continuing the execution lawsuit after employee's death

Q: I am a Hindu widow. My husband died recently. I have a son and a daughter. There are three situations where I request assistance: A) About a year ago, my husband had registered a commercial execution lawsuit against a company that owed him money. How can I continue the execution lawsuit? B) My husband had won a civil verdict but not yet registered the related civil execution lawsuit. How can I register the civil execution lawsuit? C) A company owes some money to my husband. They had issued a statement of account and an acknowledgment of debt, but they keep on refusing to pay and keep on asking for time. How to start a payment order lawsuit "Amr Ada" on the company when they issued an acknowledgment of debt letter to my husband? I only have a marriage certificate and a death certificate. Do I need some other certificates to prove that I am the heir? How will I attach the case to my username in Dubai courts system? My son and daughter are ready to give me any documents that I need from them.

Can the dependants of a deceased person keep their visas and for how long?

Q: My friend passed away on Monday and his wife and daughter are on his sponsorship. Can the dependent visas be held for some months as the daughter is studying in the UAE?

Legal action and procedures against the employer for the non-payment of salary

Q: I am working for a company set up in Fujairah Creative City, they have a branch in Dubai. My contract is with Fujairah Creative City of AED 10,000/month, however, I got a raise a year ago to AED 15,000/month. I have the company contract showing this amount and a salary certificate from the company showing this amount. My employer has not paid me for 4 months now. Do I need to give notice to my employer? How do I recuperate these funds? Will I be able to work for another company if I have an ongoing dispute? If I am not able to work for another company due to an ongoing dispute, and the company representative does not attend the court hearings and delay the judgement, can I file for damages? And what will be the compensation amount for these damages based on? At what stage is the travel ban imposed on the shareholders/partners, as I fear they might leave the country? Will I be able to recuperate the dues owed to me if the company files for bankruptcy?

A director visa is rejected. What to do?

Q: Dear Sir/Madam, I would like to inform you that we established a company in DMCC FREE ZONE. We had 3 visa quotas. For two board of directors, we could receive an entry permit. For one of them, it is two times rejected. Would you be kind enough to let me know what should we do? Our nationality is Iranian and we have German residency as well. I would be pleased if you could help us. Your high cooperation is appreciated in advance. With kind regards,

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Conditions and procedures for vacating a tenant from commercial property

Q: We are renting an industrial area for the past 23 years which my dad constructed. The land is under Dubai real estate and an Emirati subleases to us. He does not pay for repairs as written in the tenancy agreement. Last year, he asked us to vacate the area for his personal use and did not provide a written notice to vacate the area. We want to stay in the area. What are our rights?

Can you sue the developer after failing to hand over property beyond grace period?

Q: Dear, good day, The developer failed to hand over the project by Mar 2020 as per the SPA. Installments were paid on time, he is in dispute with his construction contractor. He wanted to change him since there was a fire at the construction site, however, the authorities granted permission to resume construction after the investigation is finished last year. The developer still to this date failing to terminate the defaulted old contractor and appoint a new construction contractor which is causing a delay. I have requested termination of SPA and claimed a refund but was declined. The project construction is still around 30% since more than 15 months where it should be 100% back in Mar-2020. There is a clause in SPA to grant 1 year and 90 days (remedy period), I have sent a written notice to claim a refund as per the contractual clause and time frame. Could you please advise what are the steps and chances to push the developer to refund full amounts? Should I start with RERA first? Thanks in advance.

How to execute a labor judgment when the company is not active?

Q: I have received a judgement in my favor in a case against my previous employer (LLC). Now it is in the execution stage. The particular division of the company where I have worked is not active. There are no assets or funds. They have made a person the manager and shifted him to India so arresting the manager is also not possible. The owner of the company has other active companies. They are not at all willing to pay anything. Most of my colleagues are also waiting in the execution stage. It has been more than 3 years now. Is there any solution to recover the rightful amount from the owner? Thank you in advance!

What to do when the execution is rejected because the court didn't finish the fees file?

Q: Hi Madam, I have received a judgment in my favor. The company has to pay my 1-year salary. The judgment has been received but the execution is pending. Every time I visit Al Adheed, they take a fee of 31.5, and a few days later, the execution is rejected. It has happened 2 times, when I asked, they said: "the court didn`t finish the fees file". What is the next step I should do? How should I proceed? I stay in Abu Dhabi, I should travel to Dubai every time for this. Can I get some help, please? Any help in this regard is appreciated. Thank you!

Inheritance procedures after the death of husband in the UAE

Q: Procedures after the death of husband in the UAE. I am an 88-year-old Hindu widow living in Dubai. My husband died in Dubai a few months ago. My husband did not have a Will. I request assistance on the correct steps and procedures to get the money my husband had in his name and in joint names in Dubai banks and also some funds in India + plus one old car in Dubai. There is also an existing execution case in Dubai courts where a person owes money to my husband. I have a son and daughter and they are willing to make any POA or document that I might need. A) I heard that first I have to start a "Succession Certificate file" and then I have to start an "Inheritance case". Is this the correct procedure? Do I need both steps or only the first? Should I submit a list of known assets when asking for a Succession Certificate or when starting an inheritance case? B) What documents do I need? What attestations should these documents have? I am a poor lady, bedridden due to disease. I look forward to your help.