Questions & Answers - Legal Advice Middle East

Cancellation and transfer of daughter's visa through a POA

Q: Dear Mr Sherif, Hoping this message finds you well. I would highly appreciate your advice regarding the possibility to cancel the residency visa of my daughter (17 y/o and 7 months) from father sponsorship. However, he is facing some events preventing him at this stage to come back to the UAE. Her visa expires on Feb. 2019, and most probably her father (if problems still persist) his visa shall get cancelled as well being away from the country more than 6 months (by Nov. 2018). I am having a full and general POA from my husband; would this serve to cancel her visa? Then I shall start her transfer to my sponsorship (an employee in Ajman Government), but still, I might face some difficulties. I will try to seek for humanitarian and exceptional cases, the worst case scenario I will make her a student visa through her university. Looking forward to receiving your advice regarding possibilities of cancellation with a POA. Thanking you in advance. Best regards,

Rejecting a legally submitted resignation of an employee

Q: Dear Sir, My name is S. Mohamed Raazith. I have been working in Abu Dhabi for the past 1 year and 7 months, my visa is on an unlimited contract and my notice period is 1 month. I got another offer from a company which is also in Abu Dhabi. I submitted my resignation on September 4, 2018. Now, my company is saying that I need to wait until a replacement comes or complete the contract and go like that. If I go to the Indian Consulate in Abu Dhabi, will they help? I need to join my new company as soon as possible. Please advise me.

Suing employer for pending salaries and joining another company

Q: Dear Mr Hari I have 3 months` salary pending with my company, and my company threats me to drag the case long enough to make me financially weak and forfeit the case. Can I join another company during my case in the process and what are the setbacks for the company to drag the case long?

التصرف القانوني المناسب حيال العنف الأسري

س: السلام عليكم ورحمة الله وبركاته أريد أن أعلم ماذا أفعل. أبي يهدد بأذي جدي وضربه وأبي هدد المحامي بإيذائه إذا تم توكيله في القضية ولم يتواصل معنا بعد ذلك. أمي تريد من أبي الطلاق وأبي لا يريد ذلك، مع أن أبي شخص يحب أن يضرب ويعتدي على الأشخاص ودائماً يهدد إذا لم يحصل على ما يريد. أرجو مساعدتي بالتحدث معي على الإيميل وتقولوا لي ما الخطوات التي يجب أن يتم فعلها. شكراً

Visa transfer of daughter in the absence of sponsoring father

Q: Dear Mr Ahmed Elnaggar, Hoping this message finds you well. I would highly appreciate your advice regarding the possibility to cancel the residency visa of my daughter (17 y/o and 7 months) from father sponsorship. However, he is facing some events preventing him at this stage to come back to the UAE. Her visa expires on Feb. 2019, and most probably her father (if problems still persist) his visa shall get cancelled as well being away from the country more than 6 months (by Nov. 2018). I am having a full and general POA from my husband; would this serve to cancel her visa? Then I shall start her transfer to my sponsorship (an employee in Ajman Government), but still, I might face some difficulties. I will try to seek for humanitarian and exceptional cases, the worst case scenario I will make her a student visa through her university. Looking forward to receiving your advice regarding possibilities of cancellation with a POA. Thanking you in advance. Best regards

Status check after leaving the UAE without visa cancellation

Q: Good day Sir, Hope is well with you. I would like to ask if Etisalat mobile company could make a travel ban on me. Even if I already fully paid for my last payment before I went home, and no longer using the Etisalat data sim card, I just forgot to cut it off before I went home. I still have the plan to come back to the UAE and pay the remaining debt of my Etisalat data, but I am worried because maybe they will stop me in Dubai immigration if they`ve already put a travel ban on me. I hope you can help me to enlighten my mind. Please respond. Thank you.

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الطرق القانونية لملاحقة شيك مرتجع

س: هناك شيك حرر لي ورفضه البنك بسبب عدم تطابق الرقم مع القيمة النصية. محرر الشيك هرب لخارج الإمارات وتوقف عن الرد على طلبي إعادة تحرير الشيك. هل يحق لي رفع قضية؟ أم أن حقي ضاع لأني لم أتأكد من بيانات الشيك؟

الآثار القانونية لفسخ عقد الإيجار قبل انتهاء مدته

س: أنا مستأجر لمدة عشر سنوات وأريد أن أترك المحل بسبب الخسارة. لكن صاحب المحل يريد الأجرة كاملة، علماً أنه انقضت 3 سنوات وأدفع مقدماً. هل يوجد حل قانوني لعدم دفع المدة المتبقيه من العقد (7) سنوات ولا يوجد أي شروط في العقد؟ وشكراً

التعويض عن الفصل التعسفي في عقد العمل غير محدد المدة

س: مرحباً. أعمل في شركة بموجب عقد محدد المدة (سنة) من بداية 1/9/2017 ولغاية اليوم دون أن يتم تجديد العقد أو أي إشعار بالتجديد (تجدد تلقائياً). تم إبلاغي اليوم من مديري بشكل غير رسمي أنه على الأغلب سيتم الاستغناء عن خدماتي مع نهاية هذا الشهر. السؤال هو ما الحقوق التي أستحقها من الشركة بهذه الحالة؟

Signing the Arabic statement of police interrogations

Q: I`ve read that at the end of police interrogations in the UAE, they print a document written in Arabic and they want you to sign it. Is it true? Can you refuse to sign it? If you don`t understand Arabic, can you say that you won`t sign because you don`t know what is written in it? I`ve read many cases of people signing that document and getting into real trouble afterwards because what was written in it wasn`t exactly what they were expecting.

Deportation for communicable diseases such as TB

Q: I am N.R. and I was working in the UAE as a staff nurse in a hospital in Dubai. Now, I am in India due to deportation from the UAE. I joined the hospital on Aug 4 and went for a medical clearance. After a few days, they called me for repeating the medical as my X-ray shows patch. I went for the medical at al Mohaisanah but they didn`t take the X-ray. Directly, they asked me for sputum examination for three days and PPD test. I spoke with the doctor that I got pneumonia in 2013. He told me to check the sputum and PPD test. I`ve done this and the result came negative. However, after a few days, I got a report as an old TB and they deported me to India. I checked in India but all the reports are negative and I lost my job. I need to go back to the UAE as my husband is there. Can you please suggest a solution for this?

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Filing a civil case to recover the amount of a bounced cheque

Q: I had a bounced cheque as I left Dubai in 2017 for AED 150,000. I raised a case with the police which I believe was prosecuted. Now, I wish to see if the funds can be recovered.

Possibility of travelling to the UAE after settling credit card dues

Q: Hi I was staying in the UAE earlier and had credit card outstandings before leaving the country, but now settlement is ongoing as per an agreed plan. Can I travel to the UAE or not?

Termination for refusing to change position in company

Q: I was informed on the 20th that if I did not take another position in my company, a position that I am not qualified for and also not comfortable with, my employer would have no choice but to make my position redundant. This was sent to me over a WhatsApp message. On the 23rd, my employer gave me an official letter of termination saying that the company is now making financial cutbacks and that my position is a part of the reduction. I was appointed as an operations manager and there are actually 2 of us who work in the company, however, I am the only person who is being terminated. There is no record of disciplinary action against me either for the entire duration of my employment. I had asked that my employer to amend the termination letter stipulating that he is making my position redundant, to which they refused. What is the best way forward?

Liability for a loan misused by an absconding partner

Q: Hi, I would like to ask about the company, where I am working for the last 5 years. We are W.L.L. company and the local partner was a sleeping partner. The other partner was Indian and he took a loan from the bank on the company`s name and used it for his personal use and drained it in other business. He increased the creditors and now he left the country. At this situation, the local partner comes to know about his intention of not coming back. Now, all the responsibility falls upon the local partner`s shoulders. The company has creditors of around BD 140,000 / and a bank loan of BD 160,000/, which is impossible to pay by the local partner. For running business outstanding, mostly companies has cheques issued by the Indian partner (Local partner is not authorized to sign any cheque according to MOA), and the bank has guarantee papers signed by the local partner. Can you please advise how we can save the local partner and file a case against the Indian partner?

Legal assistance in drafting a divorce settlement agreement

Q: Dear Team, I would like to know what might happen in the conciliatory procedure. I filed a divorce against my husband and I was called for an appointment. I assume it is for this procedure. Please advise. How can I draft a settlement agreement? How much possibly it might cost if I will consult a lawyer about this? Maybe you can refer me an adviser with regards to this concern that can charge me less. I am just a normal worker seeking justice for my child. Regards, G.