Questions & Answers - Legal Advice Middle East

Automatic cancellation of UAE residence visas

Q: I joined a Co LLC, Fujairah in Sep’13 and signed 3 yrs contract. As per my contract letter, my notice period was 3 months. I resigned on 8th Aug’15 but the company rejected my resignation and forced me to complete the contract. The company also started threatening me so somehow I served the notice period of 3 months and managed to escape from there. Now the company is not giving me my 22 days Nov’15 & leave salary of 19 days & Bonus pending till March’15, and also is not cancelling my visa. I already contacted the Indian embassy but they failed to resolve the issue. Can I come again to the UAE and can I do the job or cancellation is compulsory?

Can the employer force me to take my annual leave during the notice period?

Q: Hi, Can an employer force an employee to take any remaining annual leave days during their notice period, if they prefer not to pay cash?

Getting a refund from an immigration consultant

Q: I had signed up with an immigration consultant for immigration to Canada. According to the contract I would be refunded the full amount if my application did not get through in a year. I had asked for a refund and they have only approved 2560/- out of around Dhs 9500/-. I need help to resolve this issue. Thanks.

'Inheritance' scam

Q: Looking for help and suggestions. My fiancé inherited 5 million. The trustee/bank has received the Ok from the court to disburse the funds. When we tried we learned we had to pay $2500 for the COT Fees. With the bank`s help, we tried to transfer the funds. We learned we needed and we have gotten an anti-money laundering certificate for $3500. Then with the help of the bank and attempting to transfer we found out we needed tax forms for my fiancé. We applied and paid $8300 for those forms. Then we attempted again with the bank and the Central Bank held it up and now we need 18k for anti-terrorism certificate. We are out of funds for this last certificate and are in need of help and advice. Are there any companies out there willing to assist? The bank should have known upfront of all this in my opinion and not be like `Oh yeah, you have to do this also`. I have spent almost 15k and now the Central Bank wants 18K. PLEASE HELP!

Security cheque in property rental matters

Q: Good Afternoon...... Can I write "Security Cheque" on the face of the Cheque? What legal protection does it give me from the landlord or from the bank? Will the bank honour the security cheque across the counter or when it presented in clearing?

Debt collection by outside agencies

Q: I am in Africa, and I left Dubai before settling my loan. I am being contacted by an independent debt collector. I am outside the UAE, what are my options if I ignore the debt collector? How can I get a clearance certificate from the bank & police?

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Non-competition agreement and its enforcement in the UAE

Q: Hi, I`m Sanu from Abu Dhabi, my job is medical coding. I need a clarification regarding joining the client of my employer. I have completed 3 years with my current employer (Billing Services DMCC, Dubai). My 3-year contract was expired and cancelled. Now one of my previous employer clients (a government hospital) is approaching me to join with them. I have already signed a non-competition agreement which has a clause - I cannot join my employer own client for 2 years. Please note, currently, the contract between my previous employer and this government hospital has been cancelled. Please advise is there any exception that I can join with own client as it is government sector? Is there a chance my previous employer can make a case against me? If they raise a case then how to survive?

Resignation settlement paper

Q: My visa cancellation paper signed but after cancellation the company is showing another settlement and also they don`t give me the settlement paper. I don`t have any document. What to do? Advise me.

I am blacklisted in the UAE. What can I do to lift the immigration ban?

Q: Good Day! I would like to seek your help for me to lift my name from the blacklist in Dubai. I actually don`t have an idea what is the case, I only found out when I applied for a visa to Dubai but the security replied that my name is in the blacklisted names in Dubai. I was in Abudhabi last time in 2004 after almost 2 years of working there. I didn`t finish my contract for some few months more. I don`t have any bank loans, I owe someone 800 Dhs only and that`s it. Never had any criminal records or something like that. Could you please give advice for such case on what to do or a possibility of lifting my name from the blacklist. It would be a big help for me. Please let me know what is the process, or if you can refer to me anyone who can help me with this. Thanks, Raine

Is the offer letter from a new employer necessary to cancel my current visa?

Q: My recent employer was asking for a copy of the offer letter I received from my new employer to proceed with my visa cancellation. Is it mandatory to do so? Thank you.

Can I claim my end of service benefits after signing the resignation settlement?

Q: Hi Sir, I worked for a travel agency for 3years, as accounting manager; when wanted to come back to my home country I resigned from my job in July 2017. My employer didn’t pay my dues and didn`t make any final settlement amount. Being trusting the manager I signed the end of services form for visa cancellation. He promised me to make the payment once the visa is cancelled, but after cancellation, he started harassing me saying I have manipulated his accounts and stole his money and tortured me. Finally, he made me sign a document that I have adjusted amount which was approx 50,000 Dhs, for my mistakes in white paper and gave my passport and I left Dubai in July. I have 1 loan of 30,000 and 10,000 credit with banks, who are after me to make the payment. Is there anything I can do to get my money? Pls, help me I want to clear my dues in Dubai. Thanks in advance. Regards, Sk

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I suspect my wife of cheating on me. What legal action can I take?

Q: I`m from India. I and my wife work in Dubai. I got my wife cheating on me. She is dating somebody else behind me and lied me. I saw WhatsApp chat between my wife and that guy exchanging love messages. I took screenshots and copied to my phone. Can I take legal action on both my wife and that guy? And what is the punishment for them?

Divorce for expats in Dubai and custody of a child

Q: My relationship with my wife has ended and I am seeking a divorce. Reconciliation is not an option and the divorce will not be amicable. We have an Islamic wedding contract and also an EU wedding contract. We are both expats (different nationalities) but I am a Muslim and she isn’t. We have an infant daughter. My wife insists on our daughter living with her but giving me rights to visit and take her on weekends. She expects me to pay everything to keep up with her current lifestyle, e.g. rent, bills, nanny`s salary, car, etc. If I don’t, she has threatened to leave the UAE with our child. My wife is working but claims not to earn enough. I also have a strong suspicion with some proof that my wife is having an extramarital affair with one or if not more partners. Kindly seeking advice if I should seek a divorce through Shariah court? I would like to have the custody of my child. I have no objection over any claims on our assets. Thank you.

Non-payment of salary upon termination of employment

Q: I was working as a Civil Engineer in an Abu Dhabi based company since this June 2017. In this August, the company gave me suspension and then termination mentioning that I am not meeting their expectation. The company called me to the office in this September to sign the cancellation papers. I told them to pay my salary and I shall come after to sign. When I asked my salary, the company sent me one document mentioning that from the work site some materials were missing and their cost is 30000 AED and it should be paid by me. When I worked there, there were no issues. After 2 months of termination, when I asked my salary they are telling like this: "The cost of these missing items is 30000 AED. So you have to give 22000 AED to the company net amount deducting your salary. Now, we will give you the offer - no need to give this 22000 AED, instead we will not pay your salary." I did not sign the cancellation papers. Now the company opened a complaint in MOHRE Abu Dhabi against me. What should I do?

Due diligence and confidentiality

Q: Is it allowed in a due diligence process prior to an investment decision, for the investee company to release information about the potential investors? If the company is based in a jurisdiction different from the jurisdiction where the investors are based, which court should be solicited to solve the matter? Is the only one in the Middle East the one based in Doha?

How to structure LLC company to protect your investment

Q: I am in the process of setting up an LLC for tailoring shop. Is there a standard MoA in place or can I make amendments to it? If tomorrow I have a conflict with my partner and want to change him, what is the recourse and what kind of timelines and cost am I looking at? What are the things I should get included in the MoA to protect my investment and allow me the flexibility to change a partner with minimum damages?