Questions & Answers - Legal Advice Middle East

Forcing visa cancellation before payment of entitlements

Q: Last April 19, 2018, the company that I am working with issued a demobilization letter terminating my services due to the projects being at their finality. I accepted the letter and prepared everything for my departure after 30 days. They asked me to sign the cancellation of visa letter but I refused because I want my final settlement first. I was supposed to leave on May 19, 2018, but still, the final payment was not yet given. So, I stayed until my visa expired last June 10, 2018. I asked them several times about my final payment but they kept on saying there were no funds available. On June 24, 2018, our HR head called me and asked me to sign my visa cancellation and told me that in 2 to 3 days they will give my final payment. I signed the visa cancellation since my visa was already expired that time anyways. To make the story short, up until now they have not paid my final payment and I am still here working in my company without a visa and medical insurance. I will stay until they pay me.

The legal actions one can face for bounced rental cheque

Q: Hi There are 2 rental cheques (AED 16800 & 12500 ) bounce case registered in police station against me & my condition is not able to pay it. So please let me know what would be the consequences & how the travel ban will be removed. Please help me to know this. It would be really a great help. Thanks

Cancellation of visa and claiming dues to work with new employer

Q: I am working in a free zone company in Dubai, they haven`t paid me for past 2.5 months. Now, I have got another job but I fear they won`t be paying my pending payment and end of service settlement before my visa cancellation. However, to join the new company I need to cancel this visa and proceed for a new visa for working in their company. Could you give me advice on how to proceed, as I understood if I am going for legal action I can`t cancel my visa with this company?

Status check after leaving the UAE without cancellation of visa

Q: Hi I`m on a partner visa and left the UAE for more than 6 months. I don`t have a loan, credit cards or cheques. I just want to know if there`s a possibility of having a police case for not going back to Dubai.

Termination of a commercial lease by the landlord

Q: What are the tenant`s termination rights of a commercial lease in RAK if the rent is being paid based on production and no advance rent paid? The contract does not provide the right to terminate for the tenant. Thank you.

Bearing the visa cost in case of resignation during probation

Q: If I am on the probationary period and resigned, then I conducted one month notice, is my employer entitled to deduct the visa cost from the salary that I will have during the one month notice?

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Rights of an employee forced to submit resignation

Q: The final settlement is not given by the company (when I filed a complaint about the ladies harassment they threw me out of the company). They threatened me to write a resignation letter like as per the cost-cutting measures I am resigning from the office. I need to know what can I do for this.

The legal requirements for company formation in the UAE

Q: Hello Mr Hari I want to start a business in the UAE. What are the legal requirements & options given by the UAE government for NRI to start a business in their country?

Cancellation and transfer of daughter's visa through a POA

Q: Dear Mr Sherif, Hoping this message finds you well. I would highly appreciate your advice regarding the possibility to cancel the residency visa of my daughter (17 y/o and 7 months) from father sponsorship. However, he is facing some events preventing him at this stage to come back to the UAE. Her visa expires on Feb. 2019, and most probably her father (if problems still persist) his visa shall get cancelled as well being away from the country more than 6 months (by Nov. 2018). I am having a full and general POA from my husband; would this serve to cancel her visa? Then I shall start her transfer to my sponsorship (an employee in Ajman Government), but still, I might face some difficulties. I will try to seek for humanitarian and exceptional cases, the worst case scenario I will make her a student visa through her university. Looking forward to receiving your advice regarding possibilities of cancellation with a POA. Thanking you in advance. Best regards,

Rejecting a legally submitted resignation of an employee

Q: Dear Sir, My name is S. Mohamed Raazith. I have been working in Abu Dhabi for the past 1 year and 7 months, my visa is on an unlimited contract and my notice period is 1 month. I got another offer from a company which is also in Abu Dhabi. I submitted my resignation on September 4, 2018. Now, my company is saying that I need to wait until a replacement comes or complete the contract and go like that. If I go to the Indian Consulate in Abu Dhabi, will they help? I need to join my new company as soon as possible. Please advise me.

Suing employer for pending salaries and joining another company

Q: Dear Mr Hari I have 3 months` salary pending with my company, and my company threats me to drag the case long enough to make me financially weak and forfeit the case. Can I join another company during my case in the process and what are the setbacks for the company to drag the case long?

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Visa transfer of daughter in the absence of sponsoring father

Q: Dear Mr Ahmed Elnaggar, Hoping this message finds you well. I would highly appreciate your advice regarding the possibility to cancel the residency visa of my daughter (17 y/o and 7 months) from father sponsorship. However, he is facing some events preventing him at this stage to come back to the UAE. Her visa expires on Feb. 2019, and most probably her father (if problems still persist) his visa shall get cancelled as well being away from the country more than 6 months (by Nov. 2018). I am having a full and general POA from my husband; would this serve to cancel her visa? Then I shall start her transfer to my sponsorship (an employee in Ajman Government), but still, I might face some difficulties. I will try to seek for humanitarian and exceptional cases, the worst case scenario I will make her a student visa through her university. Looking forward to receiving your advice regarding possibilities of cancellation with a POA. Thanking you in advance. Best regards

Status check after leaving the UAE without visa cancellation

Q: Good day Sir, Hope is well with you. I would like to ask if Etisalat mobile company could make a travel ban on me. Even if I already fully paid for my last payment before I went home, and no longer using the Etisalat data sim card, I just forgot to cut it off before I went home. I still have the plan to come back to the UAE and pay the remaining debt of my Etisalat data, but I am worried because maybe they will stop me in Dubai immigration if they`ve already put a travel ban on me. I hope you can help me to enlighten my mind. Please respond. Thank you.

الطرق القانونية لملاحقة شيك مرتجع

س: هناك شيك حرر لي ورفضه البنك بسبب عدم تطابق الرقم مع القيمة النصية. محرر الشيك هرب لخارج الإمارات وتوقف عن الرد على طلبي إعادة تحرير الشيك. هل يحق لي رفع قضية؟ أم أن حقي ضاع لأني لم أتأكد من بيانات الشيك؟

Signing the Arabic statement of police interrogations

Q: I`ve read that at the end of police interrogations in the UAE, they print a document written in Arabic and they want you to sign it. Is it true? Can you refuse to sign it? If you don`t understand Arabic, can you say that you won`t sign because you don`t know what is written in it? I`ve read many cases of people signing that document and getting into real trouble afterwards because what was written in it wasn`t exactly what they were expecting.

Deportation for communicable diseases such as TB

Q: I am N.R. and I was working in the UAE as a staff nurse in a hospital in Dubai. Now, I am in India due to deportation from the UAE. I joined the hospital on Aug 4 and went for a medical clearance. After a few days, they called me for repeating the medical as my X-ray shows patch. I went for the medical at al Mohaisanah but they didn`t take the X-ray. Directly, they asked me for sputum examination for three days and PPD test. I spoke with the doctor that I got pneumonia in 2013. He told me to check the sputum and PPD test. I`ve done this and the result came negative. However, after a few days, I got a report as an old TB and they deported me to India. I checked in India but all the reports are negative and I lost my job. I need to go back to the UAE as my husband is there. Can you please suggest a solution for this?