Questions & Answers - Legal Advice Middle East

The legal custody of child in case of separation

Q: Good afternoon! Just an enquiry for my information. I am a foreigner from Estonia, but I have a yellow slip, all-year-round job and a rented apartment, and my boyfriend is Cypriot, his parents own a house here and he has a job all year round. We are not officially married and we have a son together. In case of our separation, with whom will the child stay? The child is less than a year old.

Cancellation of a property sale contract due to the buyer's breach

Q: Dear Lawyers, I want to ask about the procedures and how long it takes to cancel a deposit contract of sale in the land registry? The buyer-from UK paid deposit 10 years ago and deposit the contract but he didn`t come to proceed. The title deeds and keys are still in the seller`s name. The buyer doesn`t want to come to proceed or to cancel the contract. We called him many times and even by a certified letter that he signed it in England. Thank you in advance

Tenancy increases permitted by law in Cyprus

Q: Dear Sir, I am in the second year of a year by year tenancy contract with my landlord in central Larnaca. I am paying €430 per month for a two bedroom, one bath and a half, apartment on the 4th floor in a 10-year-old building. Now, the landlord has foreshadowed a rise of €100 when the next period starts in February 2018. The Cyprus Statistics Office has indicated to me that the rent levels in Larnaca have decreased a little during 2015 and -16, and shows zero change so far. I have heard that there are legal limitations on the increase of rent, and I would be obliged if you could tell me what they are. Many thanks

Forging the employee's signature on the labour cancellation application

Q: FORGED SIGNATURE ON LABOUR CANCELLATION The labour card/work permit of my friend was cancelled without his knowledge. He learnt that he was cancelled when he checked in Tasheel Centre. This is very clear that his employer forged his signature on the Labour Cancellation Application. How to file a complaint and where he will report it, directly to the police or through MOHRE?

Acting against a bounced security cheque given to business partner

Q: Hi Sir, I have been working with a company as a partner on the trade licence and working for them as an employee. I am not in the company anymore, however, during the business with them I gave a blank cheque as a security for the investment and I gave it based on trust. Now, he wanted to take personal revenge and deposited my cheque by putting an amount of AED 1 Million on that and the cheque bounced. I don`t know what to do now and I need advise on this, please.

Joining another company during the probation period

Q: Can we join another company in probation period?

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The average time limit for issuing the employment visa

Q: A company had hired me and given me an offer letter, and did not apply for a visa. What can I do?

Consequences of leaving the UAE without the cancellation of partner visa

Q: Sir, My friend had a partnership company in the UAE. Last year in April, after giving his consent to his partner for selling the company and handing over all the original documents to him, he came back to India. The company was sold and was duly transferred to the new persons. Now, when my friend wants to travel to the UAE he is not able to get a visa as the visa department is showing some problem. When we inquired they told us that my friend never got his resident visa cancelled, and that is the problem. So, can you help with this matter?

Consequences of termination during probation period

Q: Dear Sir, My company terminated my contract under probation period. My visa was stamped in the month of Feb 2018, and in the month of May 2018, I got terminated Is there any labour ban on me to work in Dubai, because I have a better offer in Dubai? If I have a labour ban, how can I lift it? (Please note that I only have an undergraduate degree) Waiting for your answer.

Oath is the final evidence in litigation

Q: Dear Sir, Could you please tell me what happens if one party in a litigation was requested to take an oath by the court, and gives a fake statement in a minor commercial debt case. Can this be taken as the only evidence and the case is closed or the other party still have a chance to win?

Removing a labor ban ordered after an absconding case

Q: Dear Sir, My name is Syed Majid, I want your help to know about one problem. My sponsor put an absconding case on me, then I made a request to withdraw the case from MOHRE, but the Labour Department made a ban on me for 1 year. Can I remove the 1-year ban, and can I come on visit visa? Please give me your advice, Sir. Thank you

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Ensuring the payment of maintenance for wife after divorce

Q: My husband has filed a divorce in Dubai. Before this, I filed a case to get maintenance and I won the case. He is paying me monthly maintenance. Would I get maintenance after divorce or I have to claim permanent alimony from my husband after divorce?

Seeking visa cancellation and EOS payment upon resignation

Q: Hello I am currently working for a company registered in DMCC free zone. I have resigned and currently serving my notice period of 30 days, I still have 10 days left to serve. It seems the employer is delaying the process because he is not taking time to discuss the exit process nor the EOS. 1) If the employer delays or refuses to cancel/transfer the visa, what can I do? I need to cancel/transfer because of a new job waiting for me. 2) Is it legal for the employer to delay or stop the cancellation/transfer? 3) What legal measures can the employee take? Can the employee later file a complaint about the delay and claim damages related to a late start of work, which includes missed salary and work opportunity? 4) In case of disagreement on the EOS, can we still do the cancellation/transfer first, and later settle EOS separately (in order not to delay my new job starting date)? 5) The employer said that the EOS was paid as part of last year bonus? is it legal? Thank you in advance.

Leaving the UAE after visa cancellation with ongoing credit cards

Q: Can I leave the country for the meantime if my visa was cancelled and changed to visit visa but I still have credits? However, I didn`t miss any payments for my credit cards.

Settling a case of bounced cheque given as reimbursement by the landlord

Q: I want a legal advice on this. I filed a criminal case against one of the real estate companies here in the UAE. I was supposed to rent a flat and paid 3 months in advance cash to the agency without signing a contract because they promised me that I will sign a contract next day. To cut the story short, it didn`t go well, so I decided to refund my money back. The manager issued me a company cheque but it bounced. Now, we both agreed that he can pay in instalments and do it in front of the court. The first question is, can we resolve this case without me filing a civil case against him? The second question, will the court give him a travel ban until he settles the full amount? Third, can I get compensation from him for spending money on this case?

The rights of a contractor wrongfully accused of stealing

Q: Hello, my husband is an engineer, and he is in Dubai since November 2, 2016. He is a foreign citizen from London. He did a contract with a company in Dubai (oil pipes). He got paid the 2nd week of November for the job that is supposed to be finished in 4 or 6 weeks. However, the job couldn`t be done in time because the manager of the company did not provide him with enough employees and equipment to finish the job on time. This manager does not care if my husband has to remain there forever. Unfortunately, my husband travelled alone with my daughter because it was supposed to be for short time. On February 2017 my daughter got sick, and she was hospitalized. When my husband went to the offshore to pick up his staff he couldn`t find his passport because the manager collected it from the offshore when my husband was in the hospital with my daughter. When he arrived, the police was waiting for my husband because the manager accused him of stealing money from his office which is not true.