Questions & Answers - Legal Advice Middle East

Can an outpass affect my Dubai police clearance for a UK visa application?

Q: Good evening, everyone! I left Dubai in January 2023, and I am currently in the process of applying for a UK visa. I was asked to provide a Dubai police clearance certificate, which I did. However, I recently found out that the Dubai police clearance certificate I provided has been canceled. I have no prior cases against me in Dubai, so I`m wondering if the cancellation is related to the outpass I obtained to leave the country. Can an outpass prevent me from obtaining a Dubai police clearance certificate? I only have a few days left to respond to UKvi.

Can I take annual leave if I was put on garden leave for investigation by my company?

Q: I was put on garden leave pending investigation from tomorrow, however, I have planned and approved annual leave starting Saturday. Is it legal to go ahead?

Can my daughter open a bank account for me in the UAE if I am not residence?

Q: Can my daughter who has power of attorney open a bank account for me in the UAE even if I don’t reside in the UAE?

Is the tenant responsible to pay DEWA chiller fees accumulated for three years without knowing?

Q: I have been living in this apartment for 3 years. When I rented it, the agent told me it has a chiller with DEWA. Now the agent told me I need to pay chiller fees for the past 3 years. The chiller charges are part of the service charge billed to the landlord & they are fixed for every quarter. The chiller fee is very expensive & approx AED 5600 yearly which is much higher than what I used to pay elsewhere. My tenancy contract has a standard RERA template which states the tenant should pay all electricity, gas, cooling charges, etc. However, I have never paid any chiller fees for the last 3 years nor has the agent/landlord mentioned anything. I checked the contract & my previous conversation with the agent - it was not mentioned anywhere that the apartment chiller is with DEWA. Because of that, the agent is insisting that I have to pay. Is it legal for them to suddenly force me to pay this amount? Some said that I am not liable to pay any bills not issued in my name, and some suggested that the bill is too old.

I overstayed in the UAE for more than three months and got a lifetime ban. Can I lift the ban?

Q: I overstayed in the UAE for more than three months and took an outpass to exit the UAE without paying fines. The airport authorities said I would be having a lifetime ban. Can I lift this ban and come back to the UAE?

Can the brokerage company of the property buyer withhold the commission of the seller's company?

Q: I am writing to seek your legal expertise and advice on a pressing issue concerning a property sale transaction that my brokerage company has facilitated. Here are the details: Our brokerage company represented the seller in a property sale where the property was sold with an existing rental agreement in place. As per the terms of the agreement, the rental balance was supposed to be given to the buyer, who is now the new owner of the property. In this transaction, our company is entitled to a 40% commission, and the buyer`s brokerage company is entitled to 60%. However, the buyer`s brokerage company, which has complete control over the buyer`s funds, has transferred the entire 100% commission to their own account. They are currently withholding this commission, stating that they will release it once the rental balance is paid to the buyer. Unfortunately, we have lost contact with the buyer, as he has blocked the seller`s agent, making it impossible for us to fulfill this condition.

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Can the landlord send us a one-month eviction notice because we have a pet?

Q: After the expiry of the contract, the landlord sent us a notarized notice asking us to evacuate the apartment within one month from date of receiving the notice stating because we have a pet in the apartment as we are breaching our tenancy agreement. It is pertinent to note that our pet has been a part of our household for over 2 years, and the landlord staff are aware of this fact. It is further worth noting that the presence of pets in the building has been a prevailing and recognized circumstance since 2018. The building`s has CCTV to confirm the long-standing presence of pets in the building since 2018. Additionally, I recall that notices were posted in the past near the elevator, explicitly instructing pet owners to use the stairs rather than the elevator, which demonstrates the building management`s acknowledgment and accommodation of pets. They have also renewed leases for three other pet owners, reinforcing the building`s established acceptance of pets. Please advise.

Do you need to start a company and pay VAT to promote products for a foreign company?

Q: I am a Golden Visa holder (Indian citizen) and looking to work as a contractor for an EU-based manufacturer to promote their products in the Middle East. They do not have an office in the region. If they were to pay me for the above services, is VAT applicable? And do I need to start an entity in the free zone?

My job contract is epxiring. Do I need to inform my employer of my wish not to continue?

Q: My job contract is ending on November 20. 1) How many days prior should I inform the company not to renew my visa? 2) Should I stay for the notice period after November 20 or I can leave the company on November 20? 3) The visa is till December 20. Does it expire automatically or the company should cancel it?

What to do if a judgment has been passed of an arrest warrant against me for rental cases?

Q: I have three rental cases registered against me, the cases are rental disputes. Now I have to renew my work visa and a judgment has been passed as an arrest warrant. It all happened during Covid 19. I am getting stable now and I am doing a full-time job but it would take some time to pay off. What could be the best solution that allows me to stay at work and earn money to pay back? Looking forward to your best advice, thanks indeed.

How can I hire people for my startup against equity shares instead of salary?

Q: I have a startup in Dubai. I have people interested in working on my project but at the moment I don`t have enough activity or the capability to pay full-time salaries. They are willing to work and get compensated via equity share options calculated based on the hours they worked. They can be in Dubai or working remotely in other countries. Some could dedicate 20 hours/week regularly, others do one-off or occasional contributions. What would be the best approach to be legally covered?

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An immigration consultancy scam: Work permit denied, refund delayed for a year

Q: Respected Lawyers, I am working and living in Abu Dhabi. A year ago, I submitted my documents and paid AED 6,000 to an immigration consultancy in Abu Dhabi to help me obtain a Canada work permit. According to them, they would complete and provide the work permit within one year. However, more than a year has passed, and there has still been no positive response or progress. I requested a refund, but they sent me an email saying that they would refund me after 120 working days. Please advise me on how to file a case to get my refund as soon as possible. Thanks! Best Regards

Does showing a world war I film with borderline sexual content violate UAE laws?

Q: Greetings, I am a university professor who teaches a course on World War I films. One of the films shown to the students contains some sexual scenes, which are borderline, but not nearly as explicit as much of what is found on Netflix AE. I seem to be facing a disciplinary committee as there have been some student and parent complaints for the first time in seven years. The question is, does this film violate any UAE laws? Article 362 is difficult to interpret. Thanks!

A company demands half of the visa cost without contract mention – What Now?

Q: Dear Sir/Madam, My visa is on a fixed-term contract, and I have completed 15 months. I have worked the 30-day notice period. My company`s offer letter mentions that if I resign early, the company will require me to cover half of the visa cost. However, my labor contract does not mention the visa cost. Now, my company is asking me to pay half of the visa cost. What should I do?

Will unpaid phone bill prevent me from leaving UAE?

Q: Dear Sir/Madam, I owe DU 5,000 dirhams. I just returned from vacation two months ago, but now I want to travel from the UAE to Canada. I will be carrying a cancellation letter. Will I be held at the airport on departure because I don`t have the money to pay DU now? I hope to pay in the future, but I cannot do so at this time. Even though I may have a cancellation letter, they may still see my bills?

Falsely reported absconding by employer: Will I automatically get a labor ban?

Q: Dear Sir/Madam, My employer falsely reported me as absconding, so I requested the Ministry of Human Resources and Emiratisation (MoHRE) to withdraw the absconding case. I have submitted all relevant proofs. Can I automatically receive a labor ban for this?