Questions & Answers - Legal Advice Middle East

From when is the official date of joining a company calculated?

Q: Good day, Dr. Ayman! Inshallah, you are doing pretty well. I have a question, please! From when do they calculate your official date of joining? Is it from the date you joined based on the contract between you and the employer or from when the visa was issued? I have a case with a firm and they are claiming in their defense that my date of joining is from when my visa was issued. To make it easier: I joined work on 24th June 2018 - The last day was on 7th July 2019. The company is referring based on the labor contract (limited). It says that the contract is from the date I entered the country which is 26th July 2018. Although I was here and I started work on 24th June 2018. (I was terminated and the company is not claiming that). Thank you!

Transferring the liabilities of a purchased property to the real owner

Q: Good evening, I would like to ask if it`s possible to transfer all the financial claims and the case itself to the landlord who used my name to own and manage a flat. I have an RDC case under my name because of the fault of my cousin She asked me to use my name for her to own a flat and before that she promised me that no problem will arise. But she just used me and now I`m the one facing all the financial claims payment, travel ban and bring the port against him. How can I transfer this case under her name? Is it possible Sir?

Claiming passport back from the public prosecution

Q: Hi Sir, I had a case which was registered in Dubai and then transferred to Abu Dhabi Courts and settled. I took bail from Dubai on my passport. Now, I am in search of my passport. Can you please advise what to do? I have gone to different police stations including CID HQ but no one has the passport. The CID HQ has given a copy of a letter from my case files in the system showing my passport is transferred to Abu Dhabi public prosecution in November 2018. Whom should I contact in this regard?

How long will it take to get a work visa in the UAE?

Q: How long will it take to get my work visa in the UAE once I sign and give my thumbprint?

Does the absconding case in the UAE affect entry to Qatar?

Q: Hi, If my friend absconded before his probation period in the UAE and is registered as an absconder, would anything happen to him in Qatar? Thanks

Using the e-signature of an employee without his/her knowledge

Q: The company used my e-signature on my contract without my knowledge, then refused to give me a copy of the contract when I asked (I couldn`t access it online because of some issues with the company). Now after I`ve resigned, I`ve come to know that they`ve kept my basic very low while increasing housing allowance in order to pay very low gratuity. I have never seen my contract until after I left and it was also signed without my consent.

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How to remove a lifetime ban due to overstaying while on employment visa

Q: Hello, I was given an immigration lifetime ban for overstaying on my employment visa. I left the UAE voluntarily in 2015. They did an eye scan too. I am in Karachi, Pakistan and would like to visit the UAE again. I can provide Passport Copy and Exit stamp... etc. Can one of your immigration lawyers look at the status of my ban and check if there is a possibility of removing my ban? Please email me for documentation.

How to check whether an employee is inside or outside the UAE?

Q: My employee had asked for vacation and left to India, but I had a feeling that he is in the UAE and doing work somewhere or searching for some work inside the UAE pretending as he is in India. How can I know if he had left to India or still staying in the UAE?

Returning back to the UAE after deportation for overstay

Q: Good day Sir, My wife worked as a housemaid back in 2007 and ran away from the sponsor. She stayed in the UAE for the last two years illegally and in 2010 she surrendered to police and got deported. Now I want to know if she can enter the UAE as a wife and I can legally be her sponsor.

What happens when the bank files a police case to recover a credit card loan?

Q: Dear sir, I failed to pay a credit card loan to a bank and they are threatening me to file a police case. They keep calling my manager at my company. Can I know what will happen if they make that case against me? Can I file a case against them? It will help if there is a phone number to explain more.

Checking whether a divorce case is filed against a husband who stays abroad

Q: I am facing a threat of divorce from my wife who lives in the UAE. She is an Indian citizen living in the UAE and I am a Canadian citizen living in Canada. We have a young daughter born on May 25th, 2019. I would like to get possession of my daughter and relocate her to Canada (my daughter is Canadian). Also, I would like to check if there are any pending cases filed against me by my wife in the UAE that would prevent my travel into the region to visit my daughter. I also paid in total 78,000 AED for rent and furniture for the apartment where my wife and my kid live in Dubai. I paid for this before my wife decided to separate from me. I have recovered 35,000 AED from her father who is generous and decided to pay me back the money since I never even got to stay in the apartment I had paid for.

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Does the tenant have the right to early exit of contract due to poor living conditions?

Q: Hello I have a tenancy contract with a small real estate company in RAK. I have a problem with the water supply for 2 months and I have a nonsecure neighbourhood with a lot of Africans without work and I don`t feel safe there. I found new accommodation and I want to move out but the agent is telling me I need to pay for one extra month. Please advise me, is it mandatory to pay an extra month or the agent is just trying to make some cash for himself? It remains 3 months until my contract will expire, but I want to move in the end of this month. Thanks

How to remove a name from immigration blacklist

Q: Good evening, sir! I am Filipino. I got deported last Friday (Oct/18) due to my nine-day overstay and got deported to the Philippines. After my cancellation from my previous company (Sept/5), I found a recruitment agency that wanted to hire me as a shadow teacher for special needs and promised to process my visa so they took my passport. But they just kept my passport and didn`t process my visa until I became overstay. Last Sunday (Oct/13), I was caught by the CID on the bus and they directly put me in jail. The next morning, they brought me to Um Al Queen Emigration and took the eye scan. I was trying to explain my side but they didn`t listen. I didn`t get any justice. I`m just a victim of the company which didn`t keep its words. I still believe that there is someone who can help me to fix my problem and come back again to the UAE.

طرق ومواعيد معارضة حكم المحكمة

س: طلقت زوجتي ورفعت علي قضية نفقة وقد حكمت لها المحكمة 350 دينار نفقة. كيف يمكنني معارضة هذا الحكم؟

الصلح مع الزوج والرجوع إليه بما يحفظ حقوق الزوجة وحسن معاملتها

س: أرجوكم ساعدوني، فقد طلب زوجي مني الصلح بالشروط التي أريدها (تسديد مصاريفي واحترامي... إلخ). أنا خائفة أن تكون هذه لعبة منه لكي أرجع إلى بيت الزوجية ويتهمني بشيء، كالخيانة الزوجية أو السرقة، أو غير ذلك. وفي نفس الوقت يمكن أن تكون نيته سليمة ويريد أن يجمع شمل ابنته، فما عساي أفعل؟ هل يمكن أن أقوم بطريقة ما بحماية نفسي؟ علمًا بأنه سبق وأن اتهمني أنا ووالدتي بالسرقة عمداً بسبب خصام كان بيننا، وحين اصطلحنا بعدها بسنتين أتفاجأ باستدعاء لي ولوالدتي لمركز الشرطة. فقام بالاتصال بالمحامي للتنازل عن الدعوى. أرجوكم ساعدوني بما هو قانوني، وكذلك بنصيحتكم لي فأنا في حيرة من أمري.

Is it possible to get family visa while a labor case is pending in court?

Q: Shall I get a family visa while a labor case is pending in court? And if I get a family visa, shall I get an insurance card for my family and children?