Questions & Answers - Legal Advice Middle East

Consequences of failure to pay a commercial loan

Q: Hello Sir, I have a company and have outstanding loans worth AED 1.9 Million. We have been paying regularly for over 2 years now, but I have not been able to pay my last EMI. The next one is due soon but I don`t have the provision to pay as the business is very dull. What are the consequences if I cannot pay?

Court order to cancel the labour card after company closure

Q: My employer is no longer available in the UAE and also not contactable, and I want to cancel my labour card. The MOHRE told me to get a paper from Dubai Courts and then we will cancel your labour card. Is it possible to get the paper from Dubai Courts? My company closed four years ago and they sent us to our country, but after they did not cancel my labour card.

Defending a criminal case to avoid jail and deportation

Q: Hi Sir, My friend and his friends have been caught for having drugs at their home, and police came and caught them at home. They took them to jail and the results have been positive. As they are students of the final year, it is difficult to finish their career when they will be deported or put in jail as by 3 months their college year will get over. So, it will be helpful if they remove the deportation and jail sentences for their career and future.

Checking a possible case by the bank from outside the UAE

Q: Hi there, I left Dubai in 2014 with unpaid bank credit. How can I check if there is a case against me? would I be reported to the Interpol or only in the GCC? Thanks

Travel ban check

Q: Good morning attorney! How will I know if a person has a travel ban? Thank you

Visa renewal while the passport is in custody of police

Q: Hello I have an issue with my sister`s boyfriend (Emirati man). My nationality is Croatian. My sister stays pregnant with him in a non-marriage relationship. He rejects her and he stops any contact with her. One time I called him to ask why he does that. After few days, the police called me and told me how he opened a case against me. He told the police I want to kill him through the mafia. I spent 3 nights in custody, I spoke with the public prosecutor, with a judge. They keep my passport and now after one month, I don`t know what is the result of all that case. My residence visa expires, I want to solve this. Please advise me. Regards

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Filing a civil case against a company for denying partnership investment

Q: Hi, I want to get advice on what I should do with a company based in Dubai, which is not adding me as a partner even after payment of 100% my share money. I have even paid double by investing all my salaries of 16 months. I am out of the UAE now. Please advise. Many thanks.

The maximum limit of working hours allowed by the law in Cyprus

Q: Hello, I work on a river ship in European waters under Cyprus contract. The daily working hours are not mentioned In the contract. Just that they can be extended with overtime allowed by the Cyprus labour law. In fact, my colleagues and I work every day around 12 to 14 hours without a weekly day off. In the same time, my manager gives me to sign work time sheet with only 8 hours per day. I don`t think this is allowed and maybe I do mistake with signing this fake document.

Disputed divorce of expatriates in the UAE

Q: I`m an Egyptian Muslim married to a Christian Macedonian according to Islamic Sharia at the Egyptian Embassy in Dubai. It has been a very difficult marriage and I want a divorce with my wife who`s pregnant and doesn`t want it in peace. I`m her sponsor in Dubai as she isn`t working now. Continuing in this marriage is impossible and we didn`t have any divorce agreements before marriage. I want to know her rights and my rights, please.

The legal proceedings against a real estate brokerage company

Q: Dear Sir/Madam, I have been a victim of a scam by a non-regulated brokerage company (As I discovered later) located in Tehran. I have an MOU for apartment reservation and paid a downpayment of 10%, and we didn`t get any progress after 6 months. The only progress is asking for more money otherwise they will cancel the MOU and keep the paid money. I don`t know what to do now! Please give your advice, do I go to the court? To which court should I apply in order to institute legal procedures against it? Thank you very much!

Working on a visit visa till the approval of employment visa

Q: I am on a visit visa, and there are 2 days left on the visit visa. I am applying for 2 years to a transport company, but still, no approval. I have to leave the country before the visit visa expires. Any suggestion to approve the visa quickly?

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Breaching an agreement signed with a UAE-based company

Q: Dear Madam, I am from Oman. I made an agreement with a UAE based company for migration purpose. If they failed the process they should have refunded my advance amount. But they are stating different reasons now. It`s already 2 months over. Two days before I saw on a website (pissed customer) similar reasons posted by somebody. I also commented there and the same person who talked to me happened same with him also. Now, the company is telling me I am defaming the company so they will not refund the amount. Also, they will take this to legal (Dubai cybercrime law article 20). I didn`t mention any lie. I just said the same person was dealing with me also, took my money and not responding now. That`s it. Please give an answer whether they can make a complaint against me or not? Your answer will be highly appreciated.

Holding the passport by employer after visa cancellation

Q: Does my employer have the right to hold my cancellation paper and passport after they cancelled my visa? As per my employer, I need to hand over the works properly and get the signature of my project manager. I already handed over all work to my colleagues and they already signed also, but the project manager won`t sign it for no reason. My visa was cancelled already last May 21, 2018. Please help. Should I file a complaint against them?

Validity of non-competition clause stated in the offer letter only

Q: Good morning! I have an offer letter (from my previous company) and a labour contract (MOHRE) which has different content. In the offer letter which was previously signed, we have a non-competition clause. In the contract from MOHRE which was signed after two weeks, it is not stated that we are not allowed to transfer to a competitor. Should the offer letter be void as per Chapter 1, Article 7 of UAE Labor Law? The letter is written purely in English, does this have an effect to consider it void? Only the contract from MOHRE has the Arabic language. Article 2 Arabic shall be the language to be used in all records, contracts, files, data, etc. provided for in this Law or in any orders or regulations issued in implementation thereof. Arabic shall also be used in instructions and circulars issued to employees by their employer. Where the employer besides Arabic uses a foreign language, the Arabic version shall prevail. Thank you very much. Hope to hear from you soon.

عقوبة الوعد الكاذب بالزواج ومراسيم الزواج غير القانونية

س: السلام عليكم ورحمه الله وبركاته إخواني أنا بعلاقة مع فتاة منذ 7 سنوات علماً بأن الفتاة من سكان دولة من دول الخليج وأنا كذالك ولكني أحمل جنسية أردنية والفتاة تحمل جنسية أردنية. وأنا الآن أكمل دراستي الجامعية بالأردن والفتاة خارج الأردن. تحدث معي ابن عم الفتاة لإبلاغي أنه سوف يقوم بتقديم بلاغ للشرطة بهذا الشأن. تبين لي أن وراء هذا الموضوع ( بلاغ ) أهل الفتاة علماً بأن أهل الفتاة عندهم علم من 4 سنوات أنني على علاقة مع ابنتهم وقد اتفقنا أن أخطبها بعد أن أكمل مرحلة البكالوريوس. عمر الفتاه 20 سنة في شهر 5 القادم تكمل 21 سنة وقال لي ابن عمها أن اهل الفتاة سيرسلوا له وكالة بهذا الشأن. ما اللذي يترتب علي إذا قام بتبليغ الفرع الامني؟ علماً بأن الفتاة قد تعدت ال 18 من عمرها؟ هل ستتم مساءلتي قانونياً؟ وهل يترتب علي حجز أو سجن؟ هل سيطلبوا إحضار الفتاة إلى الفرع الأمني لأخذ أقوالها؟

Financial allowance for an autistic child

Q: Hello! I have questions to a family lawyer. I am Arminian married to a Cypriot man for about 6 years. We have an autistic child with special needs, so the government gives us Epidoma (family allowance) for him. Also one time a year I receive child benefit. My question is am I allowed spent this money for child and my vacation if all child`s therapy is paid and he doesn`t have lessons in August? My husband never gives me money, also he said he will report it to the police if I spend the child`s money. Is he right? Also, my husband said he will report it to the police if I go out with the child to the park without his permission, is he right? Thank you.