Questions & Answers - Legal Advice Middle East

Outstanding dues must be settled before returning to the UAE

Q: My wife is currently in Canada and she has a loan and one credit card issue. How can I check whether she can travel or not? Should I apply online for a good conduct certificate? If she has a case, how to settle down so she will come back?

Enforcing a favorable judgement for labour entitlements

Q: Hello, How are you? I won my labour case on the date of 8 Jan. In the judgment, the company should give me AED 10,000. Today my boss called me and told me to take AED 3000 and cancel my employment visa. Otherwise, he will appeal to the court and reopen the case and take more than 1 year. So, I have a problem and better take the money, whatever he gives me. Can you tell me what do I do? My case was termination before finishing the contract. Thank you

Possibility of lifting a ban for old TB scars in the UAE

Q: Dear Maam, Good day! I am from the Philippines. I would like to seek legal advice regarding my situation. Last March 2015, I went to Dubai to look for a job and fortunately I was hired by one of the companies in Dubai but unluckily the result of my medical exam was unfit to work due to my lung scar. I was able to talk to the PRO of the company and ask him that if I can still apply for a new visa and he said YES. So I exited to Qesm, but before I exit to Qesm I did an iris scan. That bothers me because the passport doesn`t have a stamp of life banned. Since the PRO told me that it`s ok to apply for a new visa I resumed to exit Qesm and wait for my new visa. But what happened to me is a mess. The PRO told me on Viber that I was already banned in Dubai. Is there any remedy to lift my ban? I really want to go back to Dubai. I hope you can help me, Ma`am. God bless and more power.

Consequences of resignation during the probation period

Q: Hi, I am an employee in the probation period. The company is based in a free zone. I want to resign and apply to my own company based in Sharjah free zone. Can you tell me if I could be banned to apply for a visa to my own company? Can I resign without a notice period? What is the risk? Thanks in advance for your help.

Apprehension of immigration fine before returning to the UAE

Q: My brother went to Dubai on a visit visa and applied for a work visa and he got his work permit, but he came back to India during his visit visa (before work permit start) and never gone back. His employer cancelled his visa and we have the documents (The employer is one of our relatives, he didn`t report anything wrong to immigration). Recently, my brother applied for a visit visa and he got rejected and then we informed the employer and they cleared from Immigration. Now, we reapplied for the visit visa and we got it. My question is , although we got the visa, our fear is maybe my brother gets fine when he comes to Dubai because he never informed immigration that he is not coming back to Dubai for work (we have the proper work permit cancellation document and visit visa). What should we do?

Filing a civil case against the debtor after payment of loan

Q: A civil case and a travel ban were filed against me by a loan shark. I already paid the capital amount of AED 8,000 plus another AED 8,720 interest (For a total of AED 16,720.00). But he deposited my cheque and bounced for AED 17,000 as he is still claiming for additional interest caused by the delay of payments I made. I have all the receipts kept with me as proofs that I made the payment deposits to his bank account. Please advise how to proceed with this civil case and lift the travel ban. There is no hearing scheduled and no warrant of arrest yet. Thank you.

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Refund of bail from courts after settlement of credit card

Q: My Al Rahba Court police case for a credit card has been finished and settled. The fine was already paid. They had given me a letter to claim my refund amounting to AED 2,000. Al Rahba Court said I will go to any Tasheel Branch and submit the attached and my IBAN number for a refund. I visited Tasheel Khalidiya and said that I need to go to Tawafuq Mussafah. Tawafuq Mussafah said they are not taking charge of any refunds. Please do advise what can I do, or where will I go to claim my refund. This was the bail I paid previously which was supposed to be deducted from the fine I paid.

Checking records for bounced cheques upon a call from police

Q: Hello, In 2017 I and 2 other partners have established LLC company in AFZ for general services, the manager was holding 51 %, another partner 25 % and my share equals to 24%. At some stage of our partnership, we have split up and the company was operating without me. I’ve never signed any documents, haven`t issued any cheques, opened any bank accounts or had any visa on behalf of our company. The license was valid till Dec 2018. Recently I`ve received a call from Ajman and someone who presented himself as a CID officer has informed me that I have some bounced cheques. There’s some filed case that I’m on the wanted list and I have to come with my passport and pay AED 1000. I asked on what grounds the case was filled, who issued the cheques, and for what the AED 1000 should be paid for, I got closure. The officer replied that he was asked to call and knows nothing period. Kindly advise what shall I do as I am based in Dubai. Is it an empty threat, as they can’t find the manager and the other partner?

Estimated time to be arrested upon a bounced cheque notification

Q: Hi, I got a text message from Dubai Police stating the following: `The holder of ID n°xxxx has been circulated. The concerned person is kindly requested to refer to Jebel Ali police station as soon as possible.` What does that mean, do I have to call the police station and do I have time until Sunday to do this? Please advise if possible. Thanks E.

Who guarantees the hidden defects of a car after sale?

Q: Dear Sir, I have purchased a second-hand vehicle on loan. The car is giving too many troubles and I cannot bear the expenses of it. I do not want to continue with this car. Is there any way the bank can take my car back and leave me without paying any EMIs?

Enforceability of a travel ban after closing a criminal case

Q: Dears, Does a travel ban still remain in force after a police case judged if the bank did not file for a civil case? Thanks. N.S

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Fraud by telecom sales agent and accumulation of charges

Q: Hi, Last 2 months, I was given a SIM-card. The sales agent told me it was free and no contract, he tried to ask for a salary slip but I haven`t been able to give. He manipulated the registration of the SIM, and all I gave was my Emirates ID. Upon reaching home I found out what he gave me is a postpaid SIM with 2 years` contract of AED 150 per month. One week later, I filed a complaint to their office to cancel the SIM, but they told me that the contract will continue and I have to pay AED 150 per month regardless to the situation that happened to me. They told me also if I want to cancel the contract, I have to pay AED 1500. Now I told him I cannot pay that amount because I cannot afford, besides I was lied to and bluffed by their sales agent. The billing of postpaid plan continues and I didn`t pay it. Will I be sued with a travel ban in future, even if my salary slip was fabricated by their sales agent?

Acting against undue pressure from employer and termination

Q: Hi, I am working for a company in Dubai since May 2018. I had resigned in Oct 2018 due to undue pressure and rude behaviour of the employer for the work which was not included in my job description. After consulting with my department who promised me verbally that they will give me support, I was hired for one company and work given to me was of three companies with no compensation. My resignation was not accepted and I was assured that assistance will be provided and another accountant shall be hired for the other companies. Due to a lot of pressure, I could not focus on the core job I was hired for and hence was terminated on 30th Dec 2018 (verbally). This verbal termination has been a part of this every single month and has been torturing and affecting my mental health as well. Passport is held and Dec 18 salary is not paid. Kindly help me with how to approach this situation as I am in terrible financial conditions and want to get paid on time in order to pursue another job.

Subsequent civil case by the bank after payment of fine

Q: I have a car loan default of AED 24000/- with Ajman bank. The bank filed a case for 52000/- (bounced security cheque). I paid fine and cleared the case and travel ban. What is the net step by the bank now? Shall I approach the bank to solve the case? Let me know what is the next procedure. Thanks and regards

Referring a case from the court of cassation back to appeal

Q: I had a commercial cassation case in Dubai. The honourable court remanded the case back to the appeal court with a new tribunal. My Question: Will the court automatically register a new appeal case for me? Or do I have to register a new appeal case myself? I also need a lawyer to represent me in this case. Thank you

Solving a problem of similar names to obtain a UAE visa

Q: Hi Sir, I am facing an issue of mistaken identity with another person who is a deportee with an immigration life ban. What should I do to prove myself innocent & get the tourist visa to enter Dubai? I have never applied for a visa to the UAE in the past and was shocked to know when I applied for a tourist visa this year that I am blacklisted.