Questions & Answers - Legal Advice Middle East

إمكانية استخراج التأشيرة بعد الإبعاد الإداري

س: السلام عليكم ورحمة الله وبركاته، الاستفسار بخصوص إبعاد إداري تم تنفيذه بسنة 2013 لشخص من دولة آسيوية، والآن يريد زيارة الدولة بقصد زيارة العائلة. أولًا: هل بإمكانه استخراج تأشيرة زيارة سواء قصيرة أو طويلة؟ ثانيًا: يريد استخراج تأشيرة عمل بدولة خليجية، هل يعمم اسمه بكافة دول مجلس التعاون الخليجي أم فقط يقتصر على مملكة البحرين؟ ثالثًا: يريد أداء فريضة العمرة، فهل بإمكانه ذلك؟ شكًرا.

إجراءات تنازل الشريك المواطن عن نسبته في الشركة

س: نحن شريكين في شركة، ومعنا شريك مواطن يمتلك واحد وخمسين بالمائة ونمتلك نحن النسبة الباقية بالتساوي. لا نريد الشريك المواطن الآن. كيف يمكن إخراجه من الشركة؟

The process of employment after signing the offer letter

Q: Hello, I am working in Kuwait for the last 20 years and currently in the capacity of a Manager. One of the local companies has given an offer to Head their office in Dubai. I have asked them to transfer my visa locally to their sponsorship. How can I be employed to Head their Dubai Office? Can you please share some information?

The procedure of serving foreign summon to a UAE resident

Q: Does the Dubai law permit foreign legal process to be served by hand or by post to an individual`s address in Dubai? I need a written legal opinion by a Dubai lawyer as to this to satisfy a UK court.

Suing an agency for refusing to pay the fees of provided services

Q: I am an individual working in Dubai and photography is my hobby/passion. I did a time-lapse project for a person here in Dubai. He owns a free zone company and also works with different media agencies in Dubai. My 3 movie clips from that time-lapse project are being used in a documentary running in 1 airline (I watched while travelling through that airline). I never had any signed agreement. It was all mutual understanding and all conversations happened through emails. Now, after knowing my time-lapse clips already been used in airlines without paying me anything, I have been following up with this person for the last 1 year. He`s not paying me my money. I even tried to approach the airline and the response I got from them is "Airline already paid the agency hired to get that job". What does the UAE law say in this case and if as an individual I can sue the airline or how can I get my money? Any help or advice will be very much appreciated. Thanks.

Extending the notice period in unlimited contracts

Q: On an unlimited contract which says 3 months notice, the employer has taken in writing 6 months notice separately. My friend gave notice. 4 months passed and he wants to leave the UAE urgently. The employer is holding his passport and not releasing it. If the employer gives a labour ban, no problem, but he wants to avoid a travel ban. What are the options?

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Claim against the bank for presenting a forged cheque of the client

Q: Dear Sir, I had taken a personal loan from a bank of AED 173,000 in 2016 and was paying on time until I lost my job in 2018. The total I paid back is AED 173,875.64, and balance to pay is AED 42,986.90 Currently, I don`t have a job and after three months of pending instalment since July 2019, the bank collection agent started calling and saying they will bounce the security cheque. On 8th Oct they had deposited the cheque and bounced and later I saw in internet banking that the cheque number deposited was different from the one which I had signed during the application process. As I have the copy of cheque with me, I talked to the agent after that and they insisted that it was the cheque that I signed and they aren`t giving me more clarification on that. Kindly advise, what if they go for a case of the deposited cheque with a different serial number?

Consequences of not exiting the country within 30-day grace period

Q: What are the consequences of not leaving the UAE after employment visa has been cancelled but within 30 days grace period? The employer bought a one-way ticket home under the agreement prior to cancellation that the employee will go back to the home country. Can the employer file any case in immigration because the employee decided to look for jobs in UAE instead?

كيفية المطالبة بالشيك بعد فقدانه

س: استلمت شيك بتاريخ مؤجَّل بعد شهر. فقدت الشيك. كيف يحق لي أن أطالب بحقي؟

Working with a company without providing a labour contract

Q: I have joined a company which have provided me with a work visa, however, they have not yet shared the labour contract. When I try to check online I am unable to find details while entering my passport details. Could you please help? My offer letter says that I am on a six months probation period.

رفع مذكرة الاعتقال ومنع السفر بقضية قرض بنكي

س: لدي قرض شخصي لدى أحد بنوك أبو ظبي بمبلغ متبقي قيمته ٨٦٠٠٠ درهم ومبلغ الشيك ١٤٠٠٠٠ درهم، ويوجد حكم غيابي بالسجن ٣ أشهر. أريد أن آتي إلى الدولة ولكن لدي تخوف من أن يقوموا بالقبض علي وسجني، وقد سمعت بموضوع وجود طريقة دفع مبلغ غرامة على الشيك للنيابة العامة. يرجى إفادتي بالإجراء الصحيح مع العلم بأنني لا أعمل في الوقت الحالي وأني أسكن في بلدي الأم. شكراً لكم

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Releasing the passport of a guarantor in a loan case from police

Q: Hi Sir, I would like to ask for advice. My sister has a case with a bank in Sharjah and we found out when she came back to the UAE on a visit visa last year. She was detained in Dubai Airport and brought to Sharjah police on the same day and was released when I gave my passport in exchange. We tried to settle an amount yet again they keep asking for more and change the settlement amount and came to the point that my sister needs to leave the country leaving my passport still in Sharjah police custody. What do I need to do or bring to Sharjah court to release my passport? I would appreciate your kind advice.

Checking the authenticity of a job offer in the UAE

Q: I got an employment offer from Abu Dhabi oil & gas company. No interview, no face to face conversation. Just by taking my resume from a database, they sent a manager offer. Now they ask for USD 1800 for visa processing. Of course, I have 30 years of maintenance field experience. Is it genuine or fake?

Cancellation of partner visa in case of a blocked license

Q: I need to cancel my residency visa which issued by a Fujairah based free-zone, but I haven`t renewed my trade license since 2017 due to financial issues. As of now, I`m struggling to cancel it and looking to apply for employment. Expecting legal advice for this.

Changing the status of a company to WLL company

Q: I have a company that is 5 years old. It is an individual-owned company. I want to start over as WLL but without losing the track record of my current clients. I`m not sure if I should sell my current company to the new one? or Start a WLL and then move it. There will be a new name for the new WLL company too.

Next steps after receiving the MOL approval of employment

Q: Hello Sir, I have a question if you can spare some time to reply. My application status on MOHRE is "Approved in MOL". What will be the next step? I am waiting for my employment entry pass. I am outside the UAE. Thank you in advance.