Questions & Answers - Legal Advice Middle East

What to do if I am employed in the UAE and got immigration visa approved?

Q: Dear lawyer, I am working in Dubai in a company and I won the American Diversity visa program, so I booked my US Visa interview in Abu Dhabi but from Ghana. I am under an employment agreement.

I'm drafting a contract to employee a freelancer for my company

Q: Hello, I`m drafting a contract to employ a freelancer for my company and was wondering if there are any freelance work agreement templates that I can use.

How to get a refund from an immigration consultant?

Q: Hi All, I paid an immigration consultant to provide me with a job offer for Canada. The office is in Business Bay. We agreed on a total cost of 30,000 CAD and a time frame of 90-120 days. I paid an initial deposit of 10,500 AED in May 2023. After I paid, they told me that the employer charged an additional 5 CAD. They have said this multiple times, claiming that the employer has high demands and the fees have increased. When I asked for a refund, they said I have to wait because they are still working on finding another employer who will charge the same amount. However, as soon as I started asking for a refund, they began to change their story. I no longer want to proceed with this process, and I want a refund.

I left the UAE with a loan and without cancellation. How to check any cases before I come back?

Q: Hello, I was living in the UAE from 2012 - 2017 working for a leading bank. I came to my country on a holiday in 2017 for the birth of my child. My boss was toxic and he wanted me back on a return flight as soon as I landed which lead to a verbal dispute and he asked me to stay forever in my country and not to come back. Since then, I was living in my country and I had a loan and a few cards where the total outstanding of all my credit is not exceeding 170,000 and I have not been able to pay any dues since 2017. I want to return to the UAE and hence I used a PRO service. According to their advice, they fetched court`s records from Dubai Courts and checked if I had any cases registered against me in any Emirate, and it didn`t have any. I further downloaded the Dubai Police app and checked if any cases filed against me there and there weren`t any either. If these 2 are clear, would I face any legal issues while entering Dubai or I will be arrested? If not, what should I do exactly?

Child wants to stay with mother, but father wants custody. What can be done?

Q: Dear Sir/Madam, If the child of divorced parents is 14, does the child get to choose who they want to live with? The father is asking for custody, and the child doesn`t want to go with the father. What actions can be taken to prevent the father from taking full custody of the child?

Real estate company throws out tenant's belongings. What to do?

Q: Dear Sir/Madam, I had a commercial rental issue in Dubai, and the final judgment was an arrest warrant. The real estate company received an evacuation notice and proceeded to throw out all our papers and sell our assets, as per the court decision. They threw all our papers and books onto the road, and Dubai Municipality issued a fine to us. However, we did not throw anything onto the road, and the real estate company did this purposefully. What can be done in this case?

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I failed to pay rent due to lack of income. How can I avoid the consequences of the case?

Q: I`m facing a rental problem because I couldn`t pay rent for nearly 2 years due to a lack of income and a bad credit score, which prevents me from getting any loans or credit. My family includes two school-aged kids (small daughters, 4 and 7 Years). I know I might face legal consequences, and I want to know what I can do to avoid going to jail. I`m committed to sorting out the rent issue, even if it means repaying it when I find a stable income. Please guide me on what steps I can take in this situation. Thank you

What is the compensation for termination with 30 days notice period?

Q: Dear Sir/Madam, What is the compensation for termination with 30 days notice period?

Can the spouse claim backdated expenses plus maintenance upon mutual divorce?

Q: My wife and I are Indian Christians with one child and are in the process of a no-fault mutual divorce. While I understand the father has to take full responsibility for the child`s maintenance, my spouse is claiming 3 years of backdated expenses as per Article 67 of the personal status law. I have provided financial support to my wife during our marriage and we have agreed to share the expenses but still under extreme financial strain which is one of the reasons for divorce. Can she force these 3 years of backdated expenses if produced as an agreement as this is a completely unreasonable point to agree with? What are the chances to let the court decide whether this is acceptable or not?

How to remove the absconding and pay overstay fines if the ex-employer refuses?

Q: Good morning Please advise me what to do for my sister. She`s on abscond and overstay and we tried hard with the sponsor to remove the abscond that we are willing to pay for the fee and apply for overstay fine reduction. The sponsor refused (in Ajman). What can we do? She wants to pay her fine and get her visa and live a free life in Dubai but the problem is the person who absconded her. Thanks

How to write a fair and enforceable 12-month eviction notice?

Q: Dear Sir/Madam, I want to send a 12-month eviction notice to my tenant through the notary public for the non-renewal of the tenancy contract. What does notice must be documented “justly” mean in the context of an eviction notice?

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Can a pregnant woman sue someone to prove that he is the father?

Q: Dear Sir/Madam, I am a Muslim expat living in Abu Dhabi. I had sexual intercourse with a non-Muslim expat, and now she claims that I impregnated her. I do not wish to recognize the baby as mine. Can she sue me to prove that I am the father? And what are the consequences if she could, in terms of child support, etc.?

I had a travel ban and already the fine but the case is still on the system. What to do?

Q: Hi, I have a travel ban in Abu Dhabi but I have paid the fine already to the Abu Dhabi Judicial Department and have the receipt with me. I`m on the way to have my employment visa soon. I checked on the Estafser website, and there is still one case under my name, and it has the same case number as the paid case. May I know if this will affect my employment visa? Thanks in advance!

Can I leave my job without notice if the company is not processing my visa?

Q: Dear Sir/Madam, My company is not processing my visa, and I am already overstaying with fines. I want to leave them. Can I do it right away without giving them notice? I have signed the offer letter and contract since I joined them four months ago.

Case set for judgment after missed hearing: Why?

Q: Dear Sir/Madam, I attended my first hearing on August 11th, but after that, I could not attend my second hearing on time. On September 25th, I again paid a fee for a new hearing date. They told me to come in 3-4 days, so I went today. However, today they are saying that my case is set for judgment. Does this mean that they canceled my case because I did not attend?

Is the RERA index applicable to hotel apartments?

Q: Dear Sir/Madam, A landlord looking to increase rent without following the RERA index. What are tenant’s rights? My landlord notified me on time that he would like to increase the rent significantly. He claims that the RERA index is not applicable as it is a Hotel Apartment (the property type on the title deed is indeed “Hotel Apartment”). However, I do have a valid Ejari. Does it mean that the RERA index is applicable? Thank you!