Questions & Answers - Legal Advice Middle East

Average time needed for issuing an employment visa

Q: After 10 days asking for an update from the employer in the UAE, he says this. What can be the possible reason for stuck? Below is the employer`s email copy: "I hope this email finds you well. Please be advised that your visa application is taking longer than expected. At this point, we are still waiting for the Labour Approval and after that, the visa paper to get posted from the Immigration System. Hence, we are trying our best to resolve the issue and our PRO is following up on the same. Apologies for any inconvenience the above may have caused, and rest assured we will continue to keep you posted with regards to your start date with us."

Breach of contract and undue influence

Q: I am undergoing a refund issue with one of the travel agencies in Dubai. I signed a non-cancellable and non-refundable contract with the travel agency, but they failed to give the service to me which themselves made a breach of contract. When I proved it, they agreed to the refund and gave me a post-dated crossed cheque. After providing the cheque, they demanded the contract back, I gave them but I kept a copy of it. After we left the office, the manager phoned me and said I am not allowed to keep any copies. If so, they will stop the payment of the cheque. I just want to know is it possible?? I want to keep the copy of the contract..!! Should I return it to them to get my cheque cleared? Please advise.

Misrepresentation of the employee designation in his employment visa

Q: Dear Sir/ Madam, In my offer letter, the designation is Accounts Manager; however, since I have not attested degree certificates the employer promised to give me Archive Clerk Visa. They took my thumb impression and signature on blank paper and later they issued me a Messenger Profession Visa. When I inquired about the same and refused to accept the Messenger Visa, they are blaming me that I agreed to this Messenger Visa and asked me to pay the visa costs and leave. I sent the resignation and agreed to pay the visa cost, but the visa cost is double what they have quoted. Note: the visa is not stamped on my passport. Will I get any ban from MOL, if the visa is cancelled? Kindly advise... Thanks in advance

Checking a possible police case in Dubai

Q: Dear Sir, How can I know if I have a police case in Dubai? Ginu

Why are my settled police cases still on the immigration system?

Q: I have two cases to the best of my knowledge which I have settled it outside the court, and the case is removed from the police station. Now, when I am submitting my visa renewal, the immigration said the case is not removed from the system. What should I do? My visa is expired and I`m living with my wife and children. How can I know if there is any case on me, or how can I check from the immigration which case is showing on their system for my visa which is in use right now? Please, help me out. Thanks.

What happens when you fail to pay bank loan instalments?

Q: What happens if I failed to pay 3 instalments from my personal loan from the bank?

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Checking a case or travel ban due to credit card debt

Q: Where can I check if I have a police case/ travel ban filed against me due to credit card debt?

Travel ban for a mobile phone debt with Etisalat

Q: Hello Mam. My name is Harbhajan Singh Gurm. Someone bought a mobile phone from Etisalat in 2014 on my identity. I even don`t know who is he. Tasheel sent me msgs regarding my travel ban. I complained to Etisalat, but no result is given to me. I have urgent work in India these days. So what should I do? Can I go to India after they file a case in the police station? Please guide me. Thank you

Fake job offer and labour ban upon resignation

Q: Dear Miss, I am currently in Pakistan. I have received an offer letter from a company in the UAE through a recruiting agent, my question is that is there any way to confirm whether the offer letter is issued by the company or it is fake? Also please confirm if I get this job of an accountant in the UAE, can I change my employer during two years contract period as I have heard that there is no ban on accountants. I will appreciate your response. Best regards

Can I reject a job offer after signing the MOL offer letter?

Q: After getting an offer letter from a company, I was called on 3 months tourist visa to the UAE. I went there as the offer was very good then after 10 days they took my signature and thumb impression on MOL offer letter and they said they will apply for my visa. But it`s almost a month, they never came back and I decided to inform them and I left the country. In the meantime, I got another offer letter from a different company and then they sent me MOL offer letter and then told me to wait for 10 days for complete process. Now after googling I can find out the first company contract can be seen online at MOL website. Will this impact the new employer for MOL approval? Note my first company have not applied for an entry permit or status changed as they have not taken my degree mark-sheet attested.

Overstaying on a tourist visa and the fines imposed

Q: Would there be a possibility for a tourist visa holder who overstayed for 3 months to waive his penalty or at least be lessened?

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The end of service gratuity calculation upon termination

Q: Hi Ma`am, I have worked for a company almost 12 years as an accounts manager, and the company decided now to outsource a finance team. The outsourced company offered me a job and they will give me the same package, but I will be working in this company only for 3 months then I will be sent to other clients as well. This is an Indian outsourced company and I have taken a decision that I am not willing to work with an outsourced company which is unknown to me. I am working as per JAFZA visa for 12 years. The company gave me a letter with subject stating the cancellation of the contract and I will be served for 30 days notice period. So, can you please explain to me how I will go through in this situation and what benefits will I get as per JAFZA rules and regulations? Thanking you in advance for the help and I wait for your reply in this.

The procedures required for the cancellation of a company and visas

Q: I am a partner in an LLC registered in Dubai, whose license was expired in Nov 2017. I was a passive investor stationed in India and the company was managed my senior partner and MD (Managing director) of the company who was stationed in Dubai. The company was not managed well, the licenses were not renewed and the business activities did not take place. My last visit was in May 2017. The MD of the company is still in Dubai on an earlier visa but didn`t get in touch with me and he`s not reachable. Now, I want to start a new venture in any free zone on an individual basis. How can I cancel the earlier visa and get a new investor visa in the free zone? Is it necessary to liquidate the old company in order to cancel the visa? Is it possible for me to cancel the visa on an individual basis and apply for new company formation? Please guide me.

Consequences of the early resignation from a limited contract

Q: Hi. If I have already worked for 3 months but I am not happy and always stressed from how my employer treats me and wish to resign from work, will I get a ban? Also from the offer letter I signed I have to pay AED 7000 if I did not finish my contract, is this legal?

Partnership withdrawal and claiming the paid money

Q: I opened a bar business in RAK with a Lebanese partner. I financed it with AED 280,000 and he does the operation. Unfortunately, I withdrew my partnership as I cannot provide more money as he asked. We agreed on making an agreement that I will cancel my partnership and he will pay me the said amount every month by AED 5,000. The problem is that he didn`t pay until now and its been 2 years. Every time I ask him he is saying no money yet, till he told me that we need to re-calculate the AED 280,000. He didn`t meet me to re-calculate. Then, he moved the bar from the rooftop to the 4th floor and it`s much bigger. So, he is saying that the bar is a different one already and we are not talking about the same bar anymore. I have an agreement signed, that if he gets a partner, he will pay me as well as if he sells the bar. Do I have any chances of getting the money back?

Settlement agreement for paying the amount of a bounced cheque

Q: I have a bounced cheque of AED 75,000. It is under the name of a saloon and the owner is asking me to give her time to pay. She is telling me that she will pay me monthly starting this end of January, and she will pay AED 100,000 instead. Is it possible to do an agreement with this? If ever, is this valid in court?