Questions & Answers - Legal Advice Middle East

How to check reasons for rejecting entry to the UAE

Q: The last time I tried to enter the UAE, I was stopped and returned. I have lived in Abu Dhabi for 32 years. I am of Pakistani origin but hold Canadian citizenship/passport. I am planning to travel again. I checked with the Dubai Police/Ministry of Interior and both provided me with Police Clearance Certificate & Clearance Certificate. Does it confirm that I have no issue as I enter or I need to check with Immigration? Can you help? Tried to select Canada as a country but not found, so left it as the UAE.

What is the policy regarding accrued annual leaves at the end of employment?

Q: Dear Madam, We have the case of one employee who joined the company on 12 Dec 2018. His leave eligibility is 22 working days per year. He has not consumed any annual leave and is leaving the company on 31st May 2021 (after 2 years and 5 months+). Are we supposed to encash all the annual leave he has accrued from his joining till the end of May 2021? Our company has a policy of transferring only 10 days from Dec of each year to the next year. Any leave above this is forfeited. If this is the case, he will carry only 10 days from Dec 2020 to Jan 2021. Please advise what the UAE LL states about it. Thanks.

Changing the current residence visa to a golden residence visa

Q: Hi there, Recently, I was granted a golden residence visa. For that, I need to cancel my current residence visa and change it to a golden visa. What are the issues I have to take care of in terms of working during this process until the new visa and labor card are processed? Please advise!

How to renew a passport while there is a sentenced case?

Q: Hi attorney, I have several police cases. One of them is sentenced to 1 month in jail. The other ones have fines indicated. I need to find a job, but unfortunately, I lost also my passport. For me to sort out all of these cases, I need first to renew my passport, but while doing this, I have to go to the police station and get a police report, but I`m afraid that they will hold me there and send me directly to jail when they find out that I have a sentenced case. What is the best thing for me to do?

What is the next action after getting a labour judgment in your favour?

Q: Dear Sir, I would request your expert advice on my ongoing labour case. Details are below. I have pending salaries of 5 months. The first hearing started on 17 Dec 2020, the second on 21 Jan 2021 and ended up 22 Apr 2021. Please note that the employer was not present in any instance. I have received a judgement from the court last week amount of AED 64k. Please guide me on what should I do next, can I file execution papers now or should I wait the next 30 days to cover the appeal period and file the papers? Since the judgement was declared without the employer`s presence, are there any formalities I should follow to notify the employer or the court will send the judgement from their end? Awaiting your comments, Regards

The relationship between loan settlement and an LLC company liquidation

Q: I am a shareholder in an LLC company in Dubai for which we (partners) decided to file liquidation because of the consequence of loss due to COVID 19. I wanted to know how my personal debts will be treated then? I have one personal loan from Deem finance of outstanding 60,000/- and 3 credit cards of a total outstanding amount 85,000/-. I have 6 missing installments of personal loan & credit card bills. I left the UAE about 7 months before but now I would like to clear my record. I need your suggestion to settle my debts. Can I get benefit from insolvency for my personal debt? Or what`s the best way to settle the outstanding amount?

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A family lawyer to provide divorce-related services with fixed fees

Q: I am looking for a good family lawyer for divorce at a very affordable price (price for all procedures from start to execution). I would only pay a max of 10k for the case from start to execution. I had a very bad experience with Dubai lawyers. They overpromise and don`t give results. They only care about money. Once they take money, they don`t even answer my calls. Please only affordable lawyers answer (I need a written contract with a lawyer that he accepts the terms and provide me with good results and answer my queries throughout the case).

Paying a police fine from outside the UAE

Q: Dear, I left Dubai on 04/2019. I had a credit card with a bank as well as a savings plan. When I found out that the savings plan wasn`t as my account manager said it was, stubborn as I am, I hold my CC payments back. I had AED 120K on my savings plan and the money is gone. Nevertheless, by law, I have to pay my CC which I currently do, and only a small amount is left to pay. The bank filed a police case on 09/2019. I asked and paid a colleague lawyer to solve the issue for me. But when he visited the prosecutor at the police station, he was told that I have to come personally to pay the fine and sign. Is this correct? And what will happen at the airport when I arrive back?

The way of making a settlement with the bank for property mortgage

Q: How to settle home finance in UAE which is now under default? I bought a property in Dubai in 2007 through a bank financing the same. I had been paying my installments on time since I lost my job in 2012. Even after losing my job and leaving Dubai, I kept paying the installments until 2017. But after that, due to my financial situation, I stopped paying for the same. Now I want to clear my name and need assistance to get myself out of this loan by doing settlement with the bank now and stop them from taking any legal or criminal action against me. I want to start a new fresh career in Dubai! Regards, A

How to process all the documents needed to issue a succession certificate?

Q: Dear Ms. Rajasree, I would like to seek your assistance in the processing of a succession certificate and the release of bank funds to the heirs of my deceased husband. My husband died in Dubai on October 5, 2020. The bank has confirmed that death benefits on loan insurance have been credited and is on freeze due to legal and court documents needed. I and my 3 children are currently in the Philippines. Kindly advise on how can we process all the documents needed? Thank you very much!

Suing a clinic for damage caused when doing laser hair removal

Q: I am doing laser hair removal for beard shaping but accidentally they did one laser shot of my full face. Now, there are patches on my beard. Can I sue the clinic? They said that it will recover but will take time. It has been a month now but there’s no change. It is still looking patchy.

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Is the wife liable for the unpaid loan of her husband?

Q: Am I responsible for the unpaid debts of my husband? My husband took a loan in Dubai. We were paying installments on time but later on, he lost his job and we had to move back to our home country. Now he can’t go back to the UAE until he settles his debts. My company wants me to go to Dubai for some official work but I am not sure if I am able to travel freely or I am also banned to travel. Please, can someone help me with this?

Will the father stay obliged to pay maintenance if the ex-wife and child leave the UAE?

Q: We are divorced in the UAE and I am the guardian of our child. I need to pay alimony for my child every month. My ex-wife is now migrating to Canada with our child. Do I need to pay alimony as per the court judgment? I will no longer be able to conduct my duties as a guardian after they move out of the UAE including my visitation rights.

How to deal with late payment penalties of purchased property installments?

Q: Dear Sirs, Ramadan Mubarak to you. I am writing to inquire about the following. I bought an apartment in Dubai in 2016. The handover was to be in 2020 but the project is still not completed. I paid the first 5 installments but then I had a financial problem so I could not pay in 2018 and 2019 installments totaling AED 140,000. Finally, I just paid it and now got up to date, however, they have now sent me a bill for AED 700,000 late payment fees. The property itself is valued at 1.2M. What can be done about this? I am getting ill from the stress. Thank you

All money is cashed by son who has a POA. What to do?

Q: I left the UAE in December 2016. I have given a power attorney to my son. He was supposed to transfer my funds to me when I open a bank account in my new location. I moved to Canada. When I got my permanent residence and social number, I requested him to just send all money at once. At that time, NBAD became FAB and I have no access anymore. Unfortunately, my POA representative lied to me saying that it is difficult to deal with the bank as there are a lot of restrictions and all the money is safe and untouched. At the same time, he cashed out all the funds from the account. What legal action I can do now in this case? Thank you!

How to confirm that the settlement amount is paid to the bank by a lawyer?

Q: I have lost my job in the UAE. I am an Omani national and I am in Oman now. I have a bank loan and I asked a lawyer to reach a settlement with the bank. The total loan outstanding is 600000dhs. He told me that they agreed to a 200k settlement along with the legal fees. Now, I will give him that money. He will pay the bank lawyers directly and close the case. How can I be sure that they are not going to run away with this money?