Questions & Answers - Legal Advice Middle East

Can my husband return to the UAE after being deported five years ago?

Q: Dear Sir/Madam, My husband was deported five years ago from the Emirate of Sharjah due to overstaying on a Sharjah Tourist Visa. I would like to know if there is a possibility to lift his ban and for him to return to the UAE once again.

How to recover the full paid amount after the project has been liquidated?

Q: Dear Sir/Madam, I purchased an apartment within Dubai Sports City and have fully paid the purchase price. I have received a notification from the land department confirming that the project is being liquidated. The Dubai Rest app displays the purchase price as a fraction of the amount I paid. I have tried contacting DLD via email, but I keep getting transferred between the canceled projects department and the support department. Could someone please help me resolve this issue as I could potentially lose out on any liquidation returns?

Filing a complaint against a deceptive travel agency

Q: Dear Sir/Madam, I would like to know the procedure for filing a complaint against a cheating business firm that sells travel packages but does not provide the service. They are registered in the Sharjah Free Zone. Is there any expense for this?

Seeking reimbursement for expenses related to a harassment case

Q: Dear Sir/Madam, A harassment case was filed at the police station at my request. The perpetrator is currently in custody based on the police`s investigation. The police attempted to bring me to the station to resolve the issue between me and the perpetrator, but I was unable to attend due to time constraints as I had a scheduled flight back to my home country on the same day. I plan to return to Dubai within the same month and believe that the perpetrator`s current detention will be sufficient punishment until my arrival. Question: Do I have the right to request reimbursement for my lost flight ticket and taxi expenses incurred while opening the case, as I intend to close the case upon my arrival before it is referred to the court?"

Can I request a 20% increase based on rent evaluation certificate?

Q: Dear Sir/Madam, I obtained the rent evaluation certificate, which indicates that the comparable unit rent is AED 160,000. The tenant is currently paying AED 100,800. I understand that the formula for calculating the percentage increase is as follows: 160,000 - 100,800 = 59,200. Since the difference between the exact value of the comparable unit rent (rental evaluation certificate) and the current rent is nearly 59%, am I permitted to request a 20% increase based on the aforementioned information and the law? I am aware of Decree No. (43) of 2013 regarding the Determination of the Increase in Rent for Properties in the Emirate of Dubai. It does not address my specific question regarding the exact calculation formula, particularly in the case where the rent evaluation certificate is used as a reference.

Can I negotiate with the bank to pay debts without interest fees?

Q: I`d like to inquire about the possibility of negotiating with banks in the UAE to pay debts without interest fees. According to new laws, do they file an Interpol case, given that the debtor is outside the UAE? Thanks.

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How to deal with a bank lawsuit filed in the UAE while being in home country?

Q: Good day, The bank has filed a civil case against me. I was unemployed for a certain period of time; however, I have been communicating with the bank. I am starting a new job in December 2023. Note that since I lost my job, I`ve been in my home country, South Africa. The case is filed in the UAE, Abu Dhabi, where I previously worked. Please advise or recommend a lawyer.

Can a Hong Kong credit card company file a case against me in Dubai for unpaid debts?

Q: I have around 130k USD in credit card debt across three companies in Hong Kong. I have been trying to negotiate settlements with them but not all are being accommodating. What would be the next steps from these companies to recover the debts from me (as a Dubai resident) if they are unwilling to accept my repayment offers? Are they likely to pursue claims through a Dubai court? I have no assets at all and earn a fixed wage on a fixed-term contract.

Property transfer tax: Should it be paid before or after the transfer?

Q: Dear Sir/Madam, In the transfer of property in Dubai, should the buyer pay the tax before or after the transfer? What if the buyer`s agency intends to pay the tax after the transfer? They made my seller commit tax fraud because of this. Who is at fault?

Does unsettled payment with DU affect traveling to the home country?

Q: Hello, good day! DU company is giving notice for unsettled payment. Why is the price going up even though the SIM card is no longer available and not used? What should I do? Please help. Also, I have plans to travel to Pakistan. Are there any problems with immigration? Please provide advice! Thank you!

My employer requested me to withdraw my complaint to cancel my visa. What should I do?

Q: Good day, What does "a complaint is approved by Mohre... for initiating the settlement" mean? I filed a complaint against my employer due to delayed visa cancellation and they said that they cannot process my visa cancellation because of my complaint. So I needed to withdraw my complaint for them to transact it. What will be the next step? Should I wait for the labor to call me because they said I would wait for 48 hours to sign a paper or should I call them to inquire about my complaint status?

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How can I receive my labor claims after obtaining a favorable judgment and filing execution?

Q: What else to do to receive my gratuity claims? I already have the judgment and executory order for the filed case against my previous company for almost a year now. As per the court update, no funds have been deposited for my claims until now.

Do financial advisors need licenses to sell investments?

Q: Hello, A financial advisor sold me several bogus investments that have gone bust. In the UAE, does a financial advisor need a specific license to propose or sell an investment, or not?

استئناف حكم صدر بثبوت التهمة مع انقضاء الدعوى للتنازل

س: السلام عليكم، دعوى جنحة جزائي صدر الحكم فيها بثبوت التهمة مع انقضاء الدعوى للتنازل. تم تحويلها مدني لمطالبة المُدعي بذلك. هل يناقش القاضي المدني الموضوع ويرى الأدلة المقدمة من المتهم؟ علمًا بأن المتهم لم يستطع حضور أي جلسة في الجزائي أو تقديم دفاعه لأنه لا يملك القدرة على دفع أتعاب محامي، ولكن الحكم صدر حضوريًا اعتباريًا. السؤال الأهم: هل يجوز استئناف الحكم الجزائي الصادر في هذه القضية لتقديم دفاعي أم لا؟

Can my company make my position redundant and hire somebody else after I was terminated?

Q: My company terminated my employment because it was making the position I held redundant. I was advised that in no way was this performance-related but purely a restructuring exercise. However, within 1 month of leaving the company, they have externally recruited another person to fill my exact position, with the same job title, that they made redundant. Whilst I believe that this is unethical behavior, could anyone tell me if this is legal within the UAE or should I lodge a complaint for unfair dismissal?

A landlord wants to change payment terms while the tenant refuses. What to do?

Q: Dear Sir/Madam, My tenancy contract is due for renewal on 30 November 2023. On 4 November 2023, my landlord inquired if we would agree to an increase in rent. We declined as it is our first year contract and he was exceeding the RERA index. He has now agreed to maintain the current rent. My question is that the terms of the tenancy contract specify three cheques, but he is now requesting only one cheque. Where do we stand as I cannot issue a single cheque for the full amount? We do not want the terms of the contract to be altered, and he has again failed to inform us in writing, only sending a WhatsApp message stating "Provide me with a cheque, and I will create a new contract." Please advise me! Thank you!