Questions & Answers - Legal Advice Middle East

The legal proceedings against a real estate brokerage company

Q: Dear Sir/Madam, I have been a victim of a scam by a non-regulated brokerage company (As I discovered later) located in Tehran. I have an MOU for apartment reservation and paid a downpayment of 10%, and we didn`t get any progress after 6 months. The only progress is asking for more money otherwise they will cancel the MOU and keep the paid money. I don`t know what to do now! Please give your advice, do I go to the court? To which court should I apply in order to institute legal procedures against it? Thank you very much!

Working on a visit visa till the approval of employment visa

Q: I am on a visit visa, and there are 2 days left on the visit visa. I am applying for 2 years to a transport company, but still, no approval. I have to leave the country before the visit visa expires. Any suggestion to approve the visa quickly?

Breaching an agreement signed with a UAE-based company

Q: Dear Madam, I am from Oman. I made an agreement with a UAE based company for migration purpose. If they failed the process they should have refunded my advance amount. But they are stating different reasons now. It`s already 2 months over. Two days before I saw on a website (pissed customer) similar reasons posted by somebody. I also commented there and the same person who talked to me happened same with him also. Now, the company is telling me I am defaming the company so they will not refund the amount. Also, they will take this to legal (Dubai cybercrime law article 20). I didn`t mention any lie. I just said the same person was dealing with me also, took my money and not responding now. That`s it. Please give an answer whether they can make a complaint against me or not? Your answer will be highly appreciated.

Holding the passport by employer after visa cancellation

Q: Does my employer have the right to hold my cancellation paper and passport after they cancelled my visa? As per my employer, I need to hand over the works properly and get the signature of my project manager. I already handed over all work to my colleagues and they already signed also, but the project manager won`t sign it for no reason. My visa was cancelled already last May 21, 2018. Please help. Should I file a complaint against them?

Validity of non-competition clause stated in the offer letter only

Q: Good morning! I have an offer letter (from my previous company) and a labour contract (MOHRE) which has different content. In the offer letter which was previously signed, we have a non-competition clause. In the contract from MOHRE which was signed after two weeks, it is not stated that we are not allowed to transfer to a competitor. Should the offer letter be void as per Chapter 1, Article 7 of UAE Labor Law? The letter is written purely in English, does this have an effect to consider it void? Only the contract from MOHRE has the Arabic language. Article 2 Arabic shall be the language to be used in all records, contracts, files, data, etc. provided for in this Law or in any orders or regulations issued in implementation thereof. Arabic shall also be used in instructions and circulars issued to employees by their employer. Where the employer besides Arabic uses a foreign language, the Arabic version shall prevail. Thank you very much. Hope to hear from you soon.

عقوبة الوعد الكاذب بالزواج ومراسيم الزواج غير القانونية

س: السلام عليكم ورحمه الله وبركاته إخواني أنا بعلاقة مع فتاة منذ 7 سنوات علماً بأن الفتاة من سكان دولة من دول الخليج وأنا كذالك ولكني أحمل جنسية أردنية والفتاة تحمل جنسية أردنية. وأنا الآن أكمل دراستي الجامعية بالأردن والفتاة خارج الأردن. تحدث معي ابن عم الفتاة لإبلاغي أنه سوف يقوم بتقديم بلاغ للشرطة بهذا الشأن. تبين لي أن وراء هذا الموضوع ( بلاغ ) أهل الفتاة علماً بأن أهل الفتاة عندهم علم من 4 سنوات أنني على علاقة مع ابنتهم وقد اتفقنا أن أخطبها بعد أن أكمل مرحلة البكالوريوس. عمر الفتاه 20 سنة في شهر 5 القادم تكمل 21 سنة وقال لي ابن عمها أن اهل الفتاة سيرسلوا له وكالة بهذا الشأن. ما اللذي يترتب علي إذا قام بتبليغ الفرع الامني؟ علماً بأن الفتاة قد تعدت ال 18 من عمرها؟ هل ستتم مساءلتي قانونياً؟ وهل يترتب علي حجز أو سجن؟ هل سيطلبوا إحضار الفتاة إلى الفرع الأمني لأخذ أقوالها؟

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Financial allowance for an autistic child

Q: Hello! I have questions to a family lawyer. I am Arminian married to a Cypriot man for about 6 years. We have an autistic child with special needs, so the government gives us Epidoma (family allowance) for him. Also one time a year I receive child benefit. My question is am I allowed spent this money for child and my vacation if all child`s therapy is paid and he doesn`t have lessons in August? My husband never gives me money, also he said he will report it to the police if I spend the child`s money. Is he right? Also, my husband said he will report it to the police if I go out with the child to the park without his permission, is he right? Thank you.

The legal custody of child in case of separation

Q: Good afternoon! Just an enquiry for my information. I am a foreigner from Estonia, but I have a yellow slip, all-year-round job and a rented apartment, and my boyfriend is Cypriot, his parents own a house here and he has a job all year round. We are not officially married and we have a son together. In case of our separation, with whom will the child stay? The child is less than a year old.

Cancellation of a property sale contract due to the buyer's breach

Q: Dear Lawyers, I want to ask about the procedures and how long it takes to cancel a deposit contract of sale in the land registry? The buyer-from UK paid deposit 10 years ago and deposit the contract but he didn`t come to proceed. The title deeds and keys are still in the seller`s name. The buyer doesn`t want to come to proceed or to cancel the contract. We called him many times and even by a certified letter that he signed it in England. Thank you in advance

Tenancy increases permitted by law in Cyprus

Q: Dear Sir, I am in the second year of a year by year tenancy contract with my landlord in central Larnaca. I am paying €430 per month for a two bedroom, one bath and a half, apartment on the 4th floor in a 10-year-old building. Now, the landlord has foreshadowed a rise of €100 when the next period starts in February 2018. The Cyprus Statistics Office has indicated to me that the rent levels in Larnaca have decreased a little during 2015 and -16, and shows zero change so far. I have heard that there are legal limitations on the increase of rent, and I would be obliged if you could tell me what they are. Many thanks

Forging the employee's signature on the labour cancellation application

Q: FORGED SIGNATURE ON LABOUR CANCELLATION The labour card/work permit of my friend was cancelled without his knowledge. He learnt that he was cancelled when he checked in Tasheel Centre. This is very clear that his employer forged his signature on the Labour Cancellation Application. How to file a complaint and where he will report it, directly to the police or through MOHRE?

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Acting against a bounced security cheque given to business partner

Q: Hi Sir, I have been working with a company as a partner on the trade licence and working for them as an employee. I am not in the company anymore, however, during the business with them I gave a blank cheque as a security for the investment and I gave it based on trust. Now, he wanted to take personal revenge and deposited my cheque by putting an amount of AED 1 Million on that and the cheque bounced. I don`t know what to do now and I need advise on this, please.

Joining another company during the probation period

Q: Can we join another company in probation period?

The average time limit for issuing the employment visa

Q: A company had hired me and given me an offer letter, and did not apply for a visa. What can I do?

Consequences of leaving the UAE without the cancellation of partner visa

Q: Sir, My friend had a partnership company in the UAE. Last year in April, after giving his consent to his partner for selling the company and handing over all the original documents to him, he came back to India. The company was sold and was duly transferred to the new persons. Now, when my friend wants to travel to the UAE he is not able to get a visa as the visa department is showing some problem. When we inquired they told us that my friend never got his resident visa cancelled, and that is the problem. So, can you help with this matter?

Consequences of termination during probation period

Q: Dear Sir, My company terminated my contract under probation period. My visa was stamped in the month of Feb 2018, and in the month of May 2018, I got terminated Is there any labour ban on me to work in Dubai, because I have a better offer in Dubai? If I have a labour ban, how can I lift it? (Please note that I only have an undergraduate degree) Waiting for your answer.