Questions & Answers - Legal Advice Middle East

Apprehension of immigration fine before returning to the UAE

Q: My brother went to Dubai on a visit visa and applied for a work visa and he got his work permit, but he came back to India during his visit visa (before work permit start) and never gone back. His employer cancelled his visa and we have the documents (The employer is one of our relatives, he didn`t report anything wrong to immigration). Recently, my brother applied for a visit visa and he got rejected and then we informed the employer and they cleared from Immigration. Now, we reapplied for the visit visa and we got it. My question is , although we got the visa, our fear is maybe my brother gets fine when he comes to Dubai because he never informed immigration that he is not coming back to Dubai for work (we have the proper work permit cancellation document and visit visa). What should we do?

Filing a civil case against the debtor after payment of loan

Q: A civil case and a travel ban were filed against me by a loan shark. I already paid the capital amount of AED 8,000 plus another AED 8,720 interest (For a total of AED 16,720.00). But he deposited my cheque and bounced for AED 17,000 as he is still claiming for additional interest caused by the delay of payments I made. I have all the receipts kept with me as proofs that I made the payment deposits to his bank account. Please advise how to proceed with this civil case and lift the travel ban. There is no hearing scheduled and no warrant of arrest yet. Thank you.

Refund of bail from courts after settlement of credit card

Q: My Al Rahba Court police case for a credit card has been finished and settled. The fine was already paid. They had given me a letter to claim my refund amounting to AED 2,000. Al Rahba Court said I will go to any Tasheel Branch and submit the attached and my IBAN number for a refund. I visited Tasheel Khalidiya and said that I need to go to Tawafuq Mussafah. Tawafuq Mussafah said they are not taking charge of any refunds. Please do advise what can I do, or where will I go to claim my refund. This was the bail I paid previously which was supposed to be deducted from the fine I paid.

Checking records for bounced cheques upon a call from police

Q: Hello, In 2017 I and 2 other partners have established LLC company in AFZ for general services, the manager was holding 51 %, another partner 25 % and my share equals to 24%. At some stage of our partnership, we have split up and the company was operating without me. I’ve never signed any documents, haven`t issued any cheques, opened any bank accounts or had any visa on behalf of our company. The license was valid till Dec 2018. Recently I`ve received a call from Ajman and someone who presented himself as a CID officer has informed me that I have some bounced cheques. There’s some filed case that I’m on the wanted list and I have to come with my passport and pay AED 1000. I asked on what grounds the case was filled, who issued the cheques, and for what the AED 1000 should be paid for, I got closure. The officer replied that he was asked to call and knows nothing period. Kindly advise what shall I do as I am based in Dubai. Is it an empty threat, as they can’t find the manager and the other partner?

Estimated time to be arrested upon a bounced cheque notification

Q: Hi, I got a text message from Dubai Police stating the following: `The holder of ID n°xxxx has been circulated. The concerned person is kindly requested to refer to Jebel Ali police station as soon as possible.` What does that mean, do I have to call the police station and do I have time until Sunday to do this? Please advise if possible. Thanks E.

Who guarantees the hidden defects of a car after sale?

Q: Dear Sir, I have purchased a second-hand vehicle on loan. The car is giving too many troubles and I cannot bear the expenses of it. I do not want to continue with this car. Is there any way the bank can take my car back and leave me without paying any EMIs?

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Enforceability of a travel ban after closing a criminal case

Q: Dears, Does a travel ban still remain in force after a police case judged if the bank did not file for a civil case? Thanks. N.S

Fraud by telecom sales agent and accumulation of charges

Q: Hi, Last 2 months, I was given a SIM-card. The sales agent told me it was free and no contract, he tried to ask for a salary slip but I haven`t been able to give. He manipulated the registration of the SIM, and all I gave was my Emirates ID. Upon reaching home I found out what he gave me is a postpaid SIM with 2 years` contract of AED 150 per month. One week later, I filed a complaint to their office to cancel the SIM, but they told me that the contract will continue and I have to pay AED 150 per month regardless to the situation that happened to me. They told me also if I want to cancel the contract, I have to pay AED 1500. Now I told him I cannot pay that amount because I cannot afford, besides I was lied to and bluffed by their sales agent. The billing of postpaid plan continues and I didn`t pay it. Will I be sued with a travel ban in future, even if my salary slip was fabricated by their sales agent?

Acting against undue pressure from employer and termination

Q: Hi, I am working for a company in Dubai since May 2018. I had resigned in Oct 2018 due to undue pressure and rude behaviour of the employer for the work which was not included in my job description. After consulting with my department who promised me verbally that they will give me support, I was hired for one company and work given to me was of three companies with no compensation. My resignation was not accepted and I was assured that assistance will be provided and another accountant shall be hired for the other companies. Due to a lot of pressure, I could not focus on the core job I was hired for and hence was terminated on 30th Dec 2018 (verbally). This verbal termination has been a part of this every single month and has been torturing and affecting my mental health as well. Passport is held and Dec 18 salary is not paid. Kindly help me with how to approach this situation as I am in terrible financial conditions and want to get paid on time in order to pursue another job.

Subsequent civil case by the bank after payment of fine

Q: I have a car loan default of AED 24000/- with Ajman bank. The bank filed a case for 52000/- (bounced security cheque). I paid fine and cleared the case and travel ban. What is the net step by the bank now? Shall I approach the bank to solve the case? Let me know what is the next procedure. Thanks and regards

Referring a case from the court of cassation back to appeal

Q: I had a commercial cassation case in Dubai. The honourable court remanded the case back to the appeal court with a new tribunal. My Question: Will the court automatically register a new appeal case for me? Or do I have to register a new appeal case myself? I also need a lawyer to represent me in this case. Thank you

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Solving a problem of similar names to obtain a UAE visa

Q: Hi Sir, I am facing an issue of mistaken identity with another person who is a deportee with an immigration life ban. What should I do to prove myself innocent & get the tourist visa to enter Dubai? I have never applied for a visa to the UAE in the past and was shocked to know when I applied for a tourist visa this year that I am blacklisted.

Checking travel ban upon leaving the UAE with unfinished issues

Q: I am an Australian who came to Dubai in 1994. In 2013 I had to fly back to Melbourne because my brother passed away. At the time, I was 7 months pregnant and for the last 5 years, I have dealt with having a baby, getting a divorce, getting child custody and a year of unexpected illness and hospitalisation. My departure from Dubai was unexpected and never intended on being away for so long. Before I left, I had a credit card for about AED 28,000 and 2 other very small debt about AED 1000 each. I can`t remember the banks, but the one that concerns me most is that I sent a power of attorney to a friend to sell a car. He sold it sent me the money and trusted the buyer would transfer the car into his name and he didn’t. The driver was stopped by police and the car was confiscated. I tried to locate where, but very hard from Australia. I need a lawyer to resolve my issues in Dubai so that I can return.

Withholding of EOSB upon resignation and serving notice period

Q: Hi, I have been working for a reputed company in Dubai for 2.5 years. I resigned from the company and served my notice period as per my contract. Upon my last working day, I submitted all handover. They asked me to hand over my passport and they will only give my final settlement once I cancel my visa and show them the exit stamp or show them new visa if I get a job in Dubai. I sent them my visa status change copy as I got a job in another company. It`s been 2 months, and now my ex-company started raising questions on trivial things like "where are stationary, pens, files, the box, they can`t find stuff...etc.", though I gave a handover. I have been following up on my gratuity & final settlement, but they are not replying and not even informing me anything. No reason was given for holding my money. Is it legal for my ex-company to hold my final settlement? I have served my notice period, have a clean record, no warnings, no misconduct. Can you please guide me? What can I do to get my final settlement? Thanks A

Premature termination of labor contract and compensation

Q: I am terminating my contract under probation period. The company is asking 3 months compensation, is that legal?

Negotiating with the bank for defaulting on credit card payments

Q: Hie Rajasree, I have had a few credit cards from 2015 to 2016 in Dubai (UAE) and after that, I lost my job. I survived on cards so that I could find a new job and repay back, but was unable to do so. Currently, I have a total debt of AED 80 to 90k in 5 different cards. I just want to know, if I want to settle the dues, how much amount can I ask for the waiver from the finance companies? And as per your experience how much % the bank give a waiver?