Questions & Answers - Legal Advice Middle East

A scam asking for fees to issue a residence visa and a work permit

Q: I am posting below; which clearly looks like a scam coming from the UAE. ---- After a careful evaluation of your application for the position mentioned in the attached contract agreement document, we are glad to inform you that you have been confirmed in our organization. You have to contact "Agency" - U.A.E via email for the procurement of your U.A.E residence visa/work permit papers and payment of job security deposit/clearance fees.

How to get a clearance from the bank after paying the pending installments

Q: Hello, I need help with a legal matter. I have a personal/car loan with the bank and I missed 2 payments, July-August 2020 EMIs. The bank informed me they would be filing a case but I resumed the payments of both pending EMIs by paying them. Since September 2020, I have no debts, since I am paying my loan instalments regularly. On April, 27 this year I came to know I have a bounced security cheque which came with a travel ban. It is unfair as I never had any debts in more than 7 months. I provided the bank with all the necessary documents and I signed the new security deposit cheque 1 week ago. They are supposed to provide a clearance letter for the police to lift the travel ban but nothing is happening in more than 1 week and I am losing my job. Please advise me what is the solution in my case and how long does it take for the bank to cancel the bounced cheque and provide the clearance letter. Thank you in advance.

Checking whether a travel ban is issued against somebody while being abroad

Q: Hi, I have been in a social media altercation with my ex-partner who resides in the UAE while I live in the UK. They have said that they somehow now have me banned from entering all GCC countries and if I do enter, I will be arrested. I am not sure if this is possible, how can I find out how legitimate this claim is?

What is the deadline for filing an appeal in a commercial case?

Q: The company has received a judgment for non-payment which was stuck on the door of the office. It`s a commercial matter, for non-payment to manpower companies in the construction field. The amount is AED 524k. Kindly advise how many days we have to appeal this judgment and if any lawyer can help us. Thank you.

Is it possible to replace my passport in a traffic case to be able to travel?

Q: Hi there, I currently have a traffic case in the investigation status against me for driving without a license, causing damage to another person`s property and driving a vehicle without permission (my wife`s car). I fully accept the charges against me. I urgently need to travel to my home country by 11 May and my wife will remain in the UAE. Kindly advise if it is possible to lift the travel ban and have my wife as the guarantor for when the fine is issued. Thanks

Right of the employee to sue the employer for delayed salary

Q: Dear Sir, Good day. I would like to ask regarding my delayed salary. It is running for 3 months this May 2021. My employer and her family are saying that they are waiting for money from their client who is in the contracting business.

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What happens to a bank loan in case of job loss?

Q: Salam, I have been working in the UAE for 7 years. A week ago, my employer threatened me with termination. I have a bank liability of around 164,000.00 AED in a form of a personal loan and I fear that in case of losing the job I will not be able to pay off my loan as I have no savings. After reading, I understand that I shall have to face a criminal proceeding if I am not able to pay off my loan (as it becomes due in its entirety in case of loss of job) and also imprisonment. Whatever it may be, I need to know more about it. I was informed by a friend that if a person notifies the bank about this default and termination, then the proceedings shall start and the defaulter shall either be imprisoned or fined. Will appreciate it if someone can guide me on how things shall be in case I get terminated and the loan amount becomes due and this situation turns into a civil/criminal case. Best Regards,

تأسيس شركة في دولة وعمل فرع لها في دولة أخرى أم تأسيس شركتين منفصلتين لنفس المالك؟

س: مساء الخير، أيهما أفضل من ناحية التكلفة والإجراءات: تأسيس شركة في دولة وعمل فرع لها في دولة أخرى أم عمل شركتين منفصلتين لنفس المالك؟ مع الشكر!

The possibility of getting back to the UAE after deportation

Q: My father was deported due to a case in his home country where he was wanted to participate in an investigation. Can he come back to the UAE? If so what is the procedure? And how to check if there is a ban on his entry?

إمكانية فسخ العقد بسبب الاختلاف بشأن سداد الدفعة النهائية من قيمة العقار

س: وصلني إيميل بوجود متأخرات من شهر ١١/٢٠٢٠ بسبب عدم سداد الدفعة النهائية البالغة ٨٠% من قيمة العقار؛ إذ الدفعة النهائية والمتفق عليها تكون عن طريق تمويل بنكي. بعدما اتصلت قالوا أن العقد لا يشمل تمويل الشقة أو سداد المبلغ النهائي عن طريق البنك. (للعلم تم إرسال إيميل رسمي من قبلهم لاختيار طريقة سداد الدفع النهائية وتم الرد عليهم أنه سيتم التمويل عن طريق bank payments) ومعي بعض الإثباتات ومحادثات مع المسوول عن وحدتي أني لا أُسدد أي دفعة وأنتظر باقي الإجراءات وأنه سيتوفر وقت كافي للسداد والتمويل من البنك. سؤالي: في حال رفع دعوى قضائية، فهل هي مضمونة؟ أو في حال عدم الوصول إلى حل مرضٍ أو التنازل عن المتأخرات، فهل يمكن فسخ العقد؟ وهل تُرَدّ المبالغ؟ للعلم المشروع مُنجَز. أعتذر من الإطالة!

How to proceed and claim pending salaries and final settlement from ex-employer

Q: Hi Sir, Due to salary delays with my old employer, I canceled my employment visa with my old employer & I joined a new company. The visa process also completed now, but I still didn`t receive my pending salaries & final settlement with my old employer. How to proceed legally with this matter now? Kindly advise

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مدة الحصول على حكم في دعوى المطالبة بالشيكات

س: ما فائدة الإخطار العدلي؟ في حال التوجُّه للمحكمة لتقديم دعوى بالمطالبة بالمستحقات للشيكات، كم المدة الزمنية التقديرية للحكم؟ وهل حكم القضاء يكون بكامل المبلغ أو دفعات شهرية من الخصم؟

Getting pregnant before marriage, would she face legal trouble?

Q: Sir, My query is related to my pregnancy before marriage. I am three months pregnant but I am going to get married this month in Dubai only. I would like to know would I be in legal trouble? Can I give birth to my child here? And register the birth too. What is my remedy to avoid legal issues? Kindly advise!

Can I terminate a property purchase MOU and claim refund due to seller's breach?

Q: I signed an MOU for purchasing a property from the seller. It has now been close to two months, with no progress. The tenant at the seller`s property is not allowing time for valuation purposes. And now the seller is saying it`s not his problem and is not willing to pay the 10% agreed as per the MOU. There`s a specific clause in the MOU as below: "In the event that the `seller` fails to complete the transfer on the agreed date due to his own act or omissions, then the full deposit will be refunded to the buyer, and also the `seller` agrees to pay the same deposit amount to the buyer as a compensation for the loss of the said property unless they agreed amicably to different terms or dates."

Termination of a limited contract by an employee during the probation period

Q: Dear Mam, My contract is limited. I am on probation period now. Now I want to resign. Do I have to pay money to the employer? If so, how much? Is it from total salary or basic salary? Can you please clarify? Thanks!

An employer holds the passport of an employee after accepting his resignation

Q: Can someone here help me, please! My brother is in Dubai and finished his 2yr contract. He doesn`t want to renew anymore so he decided to submit his resignation and stop working. His employer agreed, however, they refused to give him his passport. They also told him that once he gets his passport, he will be arrested as they filed a case against him. In line with this, may I ask anyone`s kind assistance in this matter? My brother needs to work as he doesn`t have a visa and he doesn`t want to return to his old company. Also, I would like to ask if he is entitled to gratuity even if he finished his 2yr contract only? Many thanks in advance!