Questions & Answers - Legal Advice Middle East

Cancellation of an apartment purchase contract and refund

Q: I made a contract to buy an apartment in installments with a developer. Now, I don`t see it`s worth it. Would it be possible to refund my money without the need to pay any interest in due installments?

Entering Dubai again after leaving without cancellation of visa

Q: Hi there, I used to work in Dubai and left with the view to go back but moved to London instead. I still had a credit card in Dubai, but I have since paid this off and the case has been closed. I didn`t cancel my visa but it has expired. I would like to visit Dubai for a holiday and I was wondering if I still need to cancel my residency visa before returning? Am I able to do this from the UK? My old employer hasn`t taken any action against me. Thanks in advance Karen

The grace period for staying in the UAE after visa cancellation

Q: I want to know, how many days will I stay in the UAE after the cancellation of my employment visa?

Lifting a labor ban for failing to complete a limited contract

Q: Hi Atty., I just want to ask a piece of advice regarding my 1-year labour ban which my previous employer applied because I didn`t finish my 2-year limited contract with her for a reason that she is not giving my salary for 2 months. I was working in her salon as a manicurist for 11 months, and now I have an offer from a company as an accountant with a salary of 5000. Is it possible that my ban will be lifted? What should I do? Thank you and more power.

تبعات عدم القدرة على سداد شيك بدل الإيجار

س: السلام عليكم قمت بعمل شيك لإيجار السكن وسافرت خارج البلاد وحصلت مشكلة مع الشركة وقامت بإلغاء إقامتي. كيف أعالج مشكلة الشيك وهل أستطيع العودة والدخول إلى البلد مرة أخرى؟

Family reunion case and settlement of dispute

Q: Scenario: My wife has gone to her father`s home 1.9 years ago (within the UAE) & now she has filed a case that I should provide her & our daughter with a separate home & cover up other living expenses which I can`t afford & this can be proved via financial statements as I am under loan. I am living with my parents (4-bed villa) and we are 4 people living here. She had a separate room, bathroom; all necessities of life are covered here in my father`s home. She initiated the case at family reunion council & I went there & it didn`t work. The reason she states "doesn`t want to live with my parents at the union council". In this period of 1.9 years, I myself & many other relatives have tried to sort out the matter but no success. On a number of occasions, I have asked her to come back. Proofs available (Whatsapp messages). My question now is should I open a case of home return on her or defend the case opened by her, which is better? Or if there is some other suggestion, please feel free to mention.

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Requirements for the incorporation of an e-commerce company

Q: I`m a Saudi National living in the UAE and want to issue a license for my e-commerce commission-based business website for Auto/Spare parts in Ajman. We don’t stock products. We act as the middleman in the process. For example, a customer comes to our website and orders say "Brake Pads" for his/her car. Our job is to go and look across shops in the UAE to find the best deal for the customer. Then, we go back to the customer and present the best deal for this specific requested spare part. If the customer agrees to the offer, he/she then have to pay us the full amount, and then we go and get the product for him/her and take a cut percentage of 10% from the total amount paid, and then ship the product to the customer. What kind of license do we need for a business like this? I would like the license to be issued in Ajman. Also, I need to hire employees, therefore, I need a license that enables me to hire and rent an office space. Thank you.

شيك مقابل تملك أسهم فى شركة مزمع إنشاؤها

س: كنت قد اتفقت مع زملين على أن نقوم بشراء شركة. أنا حالياً أعمل موظف، ولطبيعة عملي اضطررت للسفر لمدة 20 يوم. وقبل سفري، وحتى لا أعطل إجراءت إنشاء شركة، كتبت شيك مستحق الصرف لأحد الشريكين. قام الشريكان بإنهاء إجراءت الشركة وسجلا عقد التأسيس قبل عودتي من السفر. وحين واجهتهم قالا علينا أن نعمل عقد ملحق بالتاسيس حتى يتم كتابة اسمي في العقد. ولكن الآن هو من كتبت له الشيك يقوم بالمماطلة ولا يريد عمل هذا التصحيح. سؤالي : هل ممكن إقامة دعوى نصب عليه؟ علماً أن الشريك الثاني يشهد أن رأس المال هو مالي ومستعد للشهادة ضده. ولدي شاهد آخر وهو أخي كان قد حضر الواقعة. وما هو موقفي القانوني؟ هل خسرت كل شيء؟

Arranging visits of father to the daughter through the UAE courts

Q: Hello, I am a British citizen Living in the UK, and my ex-wife who is also a British citizen lives in Abu Dhabi, UAE with our 8-year-old daughter who is also British. We have been divorced by the UK court last year in Dec 2017- A financial order has also been passed by the UK court for Clean Break last month in her absence as she did not attend any hearings here in the UK. We had an informal contact arrangement prior to divorce whereby I was flying out from the UK to see my daughter in the UAE. But since October 2017 she has stopped me from seeing my daughter. I am told that the UK law cannot be enforced in the UAE and so, therefore, I am left with no choice but to pursue child contact through the UAE courts. During this period, I started a maintenance payment for the child via my bank account in the UK to her bank account in the UK, which she is not happy with as she demanded more. Also, if the UAE court does allow me a contact, the contact has to be practical as I cannot fly every other weekend. Where do I go from here?

Checking a ban or case for leaving without visa cancellation

Q: How can one check if there is a ban or abscondment in Dubai if not in Dubai? Son had to leave and couldn`t get visa cancelled, as he had to leave urgently due to medical reasons. Checked online and residency visa is still active till next year but doesn`t want to arrive in Dubai to be fined or arrested. He has been out of Dubai for more than 6 months and wishes to re-enter in Sept. for a visit. He is a British Passport holder.

Leaving without visa cancellation and checking a case or Labor ban

Q: Good evening, My name is Dr Randeep Singla. I joined one hospital in Abu Dhabi in November 2016. Due to some family crisis, I had to leave my job one month after and came back to India without visa cancellation. The employer threatened me with an absconding case at that time. Since 2016 I have not travelled to the UAE. Currently, I have another job offer from the UAE and want to pursue it. Is it possible to check for labour ban or blacklist status before I apply for my next visa? Kind regards, Dr R. S. Passport number - [---------] Nationality - Indian

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Request to release the passport in a labour dispute

Q: Dear Respected Lawyers, I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service. They told me passport can`t be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE. Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer. The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials. Finally, I filed my labour complaint today for my visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my passport on an urgent basis. Humbly requesting your valued positive advice and assistance.

Suing a doctor for medical malpractice

Q: Am I allowed to sue a doctor who botched a plastic surgery? He claims it was fine in the follow-up, but 2 other doctors strongly disagreed with that statement.

Clearing issues with credit cards before entering the UAE

Q: Asalam Alaikum In Feb 2017 I came from the UAE to my home country because my company closed and did not find a new job. I have credit cards with different banks worth AED 80,000 plus which I didn`t pay after I finished my job. Now, I don`t have a job and I want to come to the UAE again because there are no jobs in my country also. Before that, I worked in the UAE for over 6 years so I want to know if I can travel or will be facing a travel ban. If there`s no travel ban and I come to the UAE, what will happen to me, will they stop me at the airport or what?

Holding the EOSB by the bank in case of a pending loan

Q: I am no longer in the UAE. I have received the End of Service payment that the bank has blocked. I have asked the bank to release part of the payment (30%) so that I can support myself and my family, and use the rest for the next 6 payments of the 24 remaining payments of my loan. I want to continue with normal loan instalments until the loan is fully paid, but they said that they will forward the case to the collection department. I have always paid my instalments on time and in full, but I have no possibility of paying the outstanding amount. Is there any formal reason that I cannot continue to pay off the loan when I am outside the country? Is this not against Sharjah law to deprive someone of means of subsistence by blocking the funds? Is this not against Sharjah law to put someone in a bad credit situation and thus to deprive his human dignity if he says I want to continue regular payments and has always paid before?

Request to the bank for releasing the EOSB held against a loan

Q: My contract was terminated after four years of service and I have received the End of Service payment to my bank account, but this amount was immediately blocked. I have contacted the bank to release the amount. I also said that I want to continue normal payments of loan instalments. I still have about 24 monthly payments, but the payment is only for 9. Can the bank agree that I make instalment payments if I am no longer in the UAE?