Questions & Answers - Legal Advice Middle East

Residency visa expiry while out of the country

Q: My wife is pregnant, we left the UAE for vacation and now I know that she can`t travel back due to some pregnancy complication and her visa expires on Jan 2019. She is on husband visa. She wants to come after delivery. Please advise us, we are stuck now.

The tenant's right to refuse or accept leaving upon selling apartment

Q: Dear All, I am renting an apartment in Dubai which is about to be sold to a new owner. He wants to move in himself before the end of the rental contract. According to the agent organizing the transaction, the new owner will issue me a notice soon and then ask me to vacate the apartment. What are my rights in order to: - Stay in the apartment until the end of the contract? - Obtain compensation from the new owner if I vacate months earlier than the lease end? Thank you very much in advance.

Adding customers to a Whatsapp group by a restaurant

Q: A company (cafe/restaurant) that I have ordered from via a delivery app on occasions, just created a Whatsapp group including 200+ of its customers` private telephone numbers including mine. I left the group quickly but my number can still be viewed by all those people. One even tried sending me a message before I blocked them. They should not have shared my telephone number with all those people I do not know!

مسؤولية الموقع على الشيك باسم الشركة

س: سؤال بعد إذنكم هناك شيك بقيمة ١٣ ألف درهم باسم الشركة وتم بيعها، هل الشركة مسؤولة أم أنا؟

Labour dispute for the non-payment of EOSB and salaries

Q: I am working in DMCC. My company is not paying my correct end of service nor unclaimed leave salary nor notice period. Also, they deducted 2000 per month for 7 months saying it`s cost-cutting which I never accepted, and they said they will compensate later. Which court do I need to approach if mediation there fails and what are my rights? Is the mediation not able to tell that too there?

Clearing a case for a loan or credit card after payment of fine

Q: Is it true that the new rules say that paying a fine (which is 10% of the total loan) for not paying loans/credit card or bounced cheques will get someone cleared from loan/debt cases? After paying the fines, will a police clearance be issued and there is no more obligation to pay the previous loan amount now? If for example, someone owes the bank a total of AED 35000 late payments and interest, the person only pays a fine of AED 3500 and the case is cleared?

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Acting against a civil case for a bounced cheque

Q: Salaam Alaikum The bank bounced a cheque of AED 103,000 for my business partner and filed a criminal case. My partner has already paid "more" than the cheque amount of AED 106,585. We have full proof. Only AED 53,000 was outstanding - this is mostly interest, legal charges, late charges and fines. The rest is all paid properly. Unfortunately, this year his business had a lot of losses. As he was unable to pay the full amount, as per new Dubai laws and Police, he paid 10,000 AED fine and got the criminal case removed by the public prosecutor a few days ago. Now, the bank told him they will file a civil case. What happens now? How many weeks will it take to get a court hearing and what`s his recourse?

Filing criminal and civil cases for a bounced cheque

Q: I had lent AED 56K to a person in Dubai. His cheque given to me has bounced for insufficient funds. If I file a police case against him, will he pay a nominal fine in the court & be free? Actually, this way he has done many cases like that. My issue is how to recover my money from him. Can I file a civil case against him? What is the procedure for filing a civil case? After filing the police complaint, the cheque will remain in the police file, then can I file a civil case without the bounced cheque? Can I file a civil case simultaneously with the police case?

التبعات القانونية لعدم سداد مستحقات بطاقة ائتمانية

س: أنا مدين لأحد البنوك الإماراتية بـمبلغ بطاقة ائتمانية بقيمة 22.000 درهم مستحقة السداد، آخر قسط دفعته كان ١١ /٢٠١٤. ثم فقدت وظيفتي ورتبت السكن والسيارة وبطاقه ائتمانية في بنك آخر و لم أستطع تسديد هذه البطاقة وحاولت التسوية علي أقساط ولكنهم رفضوا إلا كامل المبلغ. الآن أنا تزوجت وأعيش في أمريكا ويفترض أنهم رفعوا دعوى قضائية في الإمارات. هل هناك اَي مشاكل و هل بإمكانهم االتسبب بأي أذى لي في أمريكا؟ هل أستطيع السفر إلى بلدي سوريا أم يمكنهم القبض علي في المطار ولا أستطيع دخول البلاد؟

Medical negligence and a lawsuit for compensation

Q: Hi, I had a treatment with a machine called HIFU to treat the wrinkles on my forehead, the treatment was so painful, and immediately after, I had 2 large depression on both sides on my forehead and a vertical line in the middle. The company denied their mistake and they are ignoring my calls since the 26th of July 2018. Please note that I was not given any consent form to sign. After consulting a dermatologist, he confirmed that I had an atrophy fat melting and muscle oedema due to this treatment and I have a medical report. I have taken a picture before and immediately after. Kindly let me know what to do. Regards,

The legal consequences on a person facing a civil case

Q: Hello, What do I need to do if I found out that I have a civil case? Can I work in Dubai even if I have a civil case?

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Immigration fraud and taking a legal action for refund

Q: Hi. This is Arun from Thailand. I need a legal opinion from your concern regarding the cheating faced from a UAE-based firm named R. I. In January 2017, my wife signed an agreement with them regarding a job offer letter to Canada. The total fees they asked for were AED 7000, but for the initial payment, I paid AED 4000 to them. They said it will take 6 months. In January 2018, they told me that presently they aren’t able to do the job offer for me because there is no current openings. After that, they gave me one more offer that they have for an Atlantic immigration program to Canada. In this case, I also believed them and they started the program. Then only I came to know that they didn’t even know how to fill the immigration application. So I told them to stop the processing and refund me the full amount on last April, but till now, they didn’t refund and they are keep on postponing. I thought to file a case against them, so I am requesting you to give me an advice on the same.

Penalty of a bounced cheque and claiming the amount

Q: Hi, I wanted to know regarding a bounced cheque. I filed a complaint against my tenant on a bounced cheque of AED 18750 at Jebel Ali police station. Now, the police are saying that your case is clear. What does this mean and what’s the penalty for the bounced cheque? Did the police keep his passport? How can I get back my rent? With regards.

Lifting a travel ban after the payment of Etisalat bill

Q: If I pay my Etisalat or DU bill amount, will travelling be allowed or no?

Removing the travel ban after paying Etisalat bill

Q: I have a pending amount to pay to Etisalat and they have banned me from travel. So, if I pay all the money, will they remove the travel ban or I need to remove the travel ban? If yes, how much will it cost to remove the travel ban?

Possibility of filing a divorce case from outside the UAE

Q: My friend is facing so much mental torture from her husband, as a result, she doesn`t want to live with him and she plans to go back to her country and file a divorce and complaint against him and his family as they are also involved. Does she need to complain in Abu Dhabi as well against him before leaving the country to make the case strong?? She has a 1-year old kid, she doesn`t have a family here and doesn`t want to get involved in any case here. She is booking her ticket by herself as her husband is not booking her a ticket. Can she go by informing and mentioning her condition over here in the embassy and take action from his own country for her husband?