Questions & Answers - Legal Advice Middle East

Holding visa cancellation after expiry due to a pending loan

Q: Hi, My name is Hammad. I was working with an event agency as a graphic designer, my visa expired on 23 Nov 2018 and my company is not cancelling my visa. They took my passport for cancelling and now they are not responding to my emails and my Whatsapp messages. What should I do?

Employment visa rejection and how to apply again

Q: My work permit is rejected, My employer has applied again. When will I receive the visa?

The reasons and requirements for checking a travel ban

Q: Can you check for me if there is any travel ban to the UAE?

Action against tenant for failing to pay the rent and utility bills

Q: I have a property in Dubai which I rented out to a holiday home company to operate on short/long term rentals. I have been provided quarterly cheques for 1 year and executed PoA in their favour to manage the property. The cheque bounced, and despite my repeated requests, they`re not clearing the dues or replying to communications. They have also not executed Ejari nor providing me documents to do so. The utility connections are being operated in my name with outstanding dues there also. Subsequently, I served a legal notice to pay the outstanding and vacate and for the cancellation of the PoA via Notary Public on 5th Dec, but they refused to take delivery of the notices and the Aramex courier was returned to me. I also sent a copy of legal notices by email. In parallel, I filed a cheque bounce case with Dubai Police and awaiting action from them. Now, I am not sure what are my further legal options. How will I be ensured that the property is vacated and payment of rent and utilities will be made?

The legal status of overstaying in the UAE due to a labour case

Q: Hi Sir, My company did not pay my final settlements till now as I resigned from August 2018. I filed a case in MOL and I am waiting for the court judgement paper. My visa was cancelled in August and now I`m overstaying in the UAE. Please clarify my question. If my company did not pay this overstay fine, what action do I need to take? I want to go to my home country. I am not changing any job here.

Following up a labour case and its execution with an expired visa

Q: Hi Ma`am, My company did not pay my final settlements till now as I resigned from August 2018. I filed a case in MOL and I am waiting for the court judgement paper. My visa was cancelled in August and now I`m overstaying in the UAE. Please clarify my question. If my company did not pay this overstay fine, what action do I need to take? I want to go to my home country. I am not changing any job here.

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Labor case and counter criminal case filed by the employer

Q: My Ex-boss gave me a General POA. He personally owes me AED 300,000 and 12 months of salary as well. One fine day he left the country. I had to file a labour case to get my visa cancelled. Later, the boss told me to take one of his cars (in his personal name) and transfer it to my name and adjust the value of it (AED 25,000) to his personal loan that he owes me. Now, I won my labour case against him and the execution is in process. He has filed a criminal case against me claiming I took the car without his consent. He is doing this through a lawyer as he is not in the country for a year. Will this criminal case affect me? How can I prove my innocence?

Inspection of police records and clearance for cheque bounce

Q: I have returned back to the UK. When I left the UAE, my landlord was out of the country, or so he said. So he used this as an excuse and he didn`t return my final rent cheque which had previously been agreed. He subsequently tried to cash the cheque after I had left the country and when that failed, he threatened to report the incident to the police. How do I find out if he has done so because I would like to visit my friends and colleagues?

Criminal case for missing credit card payments

Q: Hello, I have a problem with the bank regarding credit cards for Najm. My total amount is AED 14000. I`m delayed in payment for 2 months. Now, they are saying that they will file a police case in Buhaira police station in Sharjah and I don` t have the money to pay. I need to know what`s the process exactly at the police station and whether there is imprisonment or just a fine according to the latest legal decree.

Personal lending and borrowing without proof in the UAE

Q: Hi, One of my colleagues borrowed AED 60000 from me. He said I will give the money within a week. He didn`t give the money. 18 months are over, and now he`s not coming to the office. I don`t have any evidence while taking money. 8 months back he wrote a letter on paper and he mentioned in it that he will give me money before September, and I have WhatsApp chatting. Can I get my money if I go to court? What is the procedure? Please help me.

The legal way of recovering the amount of a bounced cheque

Q: Hi, I received a cheque from someone who owed me money and it bounced. As the amount is only AED 71,000, is it true that the only thing that can happen is that they will get a fine of AED 5,000-10,000?

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Visa status after failing to return to the UAE from an emergency leave

Q: Dear Madam, I have a UAE employment visa. Before 8 months, I came back to India because of some health issues and I couldn`t return to the UAE. Now, I got one offer in Dubai, will I have any issues? How to cancel my old visa on the passport?

Speeding the procedures of a criminal case for bounced cheque

Q: I have filed a case on a bounced cheque of 1.3 million AED. This is a criminal case filed in Sharjah, UAE. It`s been two months and this individual has not been arrested yet. Furthermore, he is operating his business as usual and earning good profits. What is the procedure to ask the court to seal his business premises so he is pressured to pay?

Paying the amount of a bounced cheque to avoid consequences

Q: I am Ravi, doing business in Ajman. I had to come to India on an emergency by Aug 18. Unfortunately, there was a cheque of AED 120K issued to one of the suppliers [in Sharjah] and it got bounced. I have personally called and informed them, upon reaching back I will give the money. They are not accepting my request and started threatening my son who`s living alone in the UAE. He`s calling me to India saying that they will put me in a UAE jail [in case I am there] and they are going to file a new case in India to stop me from travelling to the UAE. Now, they`re demanding me to pay AED 140K, otherwise, they will not withdraw the case against me. If I arrange AED 90K now & surrender the passport, will the police allow me to go out to arrange the balance amount? In case I could arrange the full amount of AED 120K will they release me? Any possibility to clear it off without arresting me? If I arrive at Dubai Airport, will I be shifted to Sharjah? Or Ajman? Please advise how to resolve this.

تأخر تسليم الوحدة العقارية وحق الشاري

س: السلام عليكم اشتريت عقار قيد الإنشاء في دبي من إحدى الشركات وتم الاتفاق على الدفعات وقد دفعت ٨٠% من قيمة العقار والباقي عند التسليم. وقد تأخر تسليم المشروع أي أنه في مارس ٢٠١٩ يكون التأخير سنة وهو فترة السماح القصوى التي يحق للمطور أن يستغلها، ومن المتوقع أن يتاخر التسليم شهرين بعد موعد التسليم النهائي. يرجى المشورة بخصوص حقوقي بسبب هذا التأخير وهل يجب مراجعة دائرة الأراضي والاملاك لاتخاذ الإجراءات اللازمة مع المطور؟

The power to transfer shares in an LLC company

Q: Can a power of attorney holder (staff) or the local partner in Dubai change the 49% partner without his or her consent? If changed, how is it possible to get the new changed LLC agreement for our reference? Please advise.