Questions & Answers - Legal Advice Middle East

I am blacklisted in the UAE. What can I do to lift the immigration ban?

Q: Good Day! I would like to seek your help for me to lift my name from the blacklist in Dubai. I actually don`t have an idea what is the case, I only found out when I applied for a visa to Dubai but the security replied that my name is in the blacklisted names in Dubai. I was in Abudhabi last time in 2004 after almost 2 years of working there. I didn`t finish my contract for some few months more. I don`t have any bank loans, I owe someone 800 Dhs only and that`s it. Never had any criminal records or something like that. Could you please give advice for such case on what to do or a possibility of lifting my name from the blacklist. It would be a big help for me. Please let me know what is the process, or if you can refer to me anyone who can help me with this. Thanks, Raine

Is the offer letter from a new employer necessary to cancel my current visa?

Q: My recent employer was asking for a copy of the offer letter I received from my new employer to proceed with my visa cancellation. Is it mandatory to do so? Thank you.

Can I claim my end of service benefits after signing the resignation settlement?

Q: Hi Sir, I worked for a travel agency for 3years, as accounting manager; when wanted to come back to my home country I resigned from my job in July 2017. My employer didn’t pay my dues and didn`t make any final settlement amount. Being trusting the manager I signed the end of services form for visa cancellation. He promised me to make the payment once the visa is cancelled, but after cancellation, he started harassing me saying I have manipulated his accounts and stole his money and tortured me. Finally, he made me sign a document that I have adjusted amount which was approx 50,000 Dhs, for my mistakes in white paper and gave my passport and I left Dubai in July. I have 1 loan of 30,000 and 10,000 credit with banks, who are after me to make the payment. Is there anything I can do to get my money? Pls, help me I want to clear my dues in Dubai. Thanks in advance. Regards, Sk

I suspect my wife of cheating on me. What legal action can I take?

Q: I`m from India. I and my wife work in Dubai. I got my wife cheating on me. She is dating somebody else behind me and lied me. I saw WhatsApp chat between my wife and that guy exchanging love messages. I took screenshots and copied to my phone. Can I take legal action on both my wife and that guy? And what is the punishment for them?

Divorce for expats in Dubai and custody of a child

Q: My relationship with my wife has ended and I am seeking a divorce. Reconciliation is not an option and the divorce will not be amicable. We have an Islamic wedding contract and also an EU wedding contract. We are both expats (different nationalities) but I am a Muslim and she isn’t. We have an infant daughter. My wife insists on our daughter living with her but giving me rights to visit and take her on weekends. She expects me to pay everything to keep up with her current lifestyle, e.g. rent, bills, nanny`s salary, car, etc. If I don’t, she has threatened to leave the UAE with our child. My wife is working but claims not to earn enough. I also have a strong suspicion with some proof that my wife is having an extramarital affair with one or if not more partners. Kindly seeking advice if I should seek a divorce through Shariah court? I would like to have the custody of my child. I have no objection over any claims on our assets. Thank you.

Non-payment of salary upon termination of employment

Q: I was working as a Civil Engineer in an Abu Dhabi based company since this June 2017. In this August, the company gave me suspension and then termination mentioning that I am not meeting their expectation. The company called me to the office in this September to sign the cancellation papers. I told them to pay my salary and I shall come after to sign. When I asked my salary, the company sent me one document mentioning that from the work site some materials were missing and their cost is 30000 AED and it should be paid by me. When I worked there, there were no issues. After 2 months of termination, when I asked my salary they are telling like this: "The cost of these missing items is 30000 AED. So you have to give 22000 AED to the company net amount deducting your salary. Now, we will give you the offer - no need to give this 22000 AED, instead we will not pay your salary." I did not sign the cancellation papers. Now the company opened a complaint in MOHRE Abu Dhabi against me. What should I do?

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Due diligence and confidentiality

Q: Is it allowed in a due diligence process prior to an investment decision, for the investee company to release information about the potential investors? If the company is based in a jurisdiction different from the jurisdiction where the investors are based, which court should be solicited to solve the matter? Is the only one in the Middle East the one based in Doha?

How to structure LLC company to protect your investment

Q: I am in the process of setting up an LLC for tailoring shop. Is there a standard MoA in place or can I make amendments to it? If tomorrow I have a conflict with my partner and want to change him, what is the recourse and what kind of timelines and cost am I looking at? What are the things I should get included in the MoA to protect my investment and allow me the flexibility to change a partner with minimum damages?

What legal troubles can I get into if my business partner absconds?

Q: We invested as a partner in a restaurant in Ajman and I included my wife`s name in the trade licence. Since the restaurant is not doing that great, the partner who has started this restaurant wants to close it and is looking to sell the restaurant. We don`t have any written proof of our investment in the restaurant other than the trade licence. If this person runs away from the country what legal troubles can we get into? What is the best way to come out of this?

Setting up online food ordering business in Dubai

Q: Hi, We are a startup in Canada. Our business is online food ordering system that connects customers to restaurants. We receive payments from customers, restaurants and at the same time we pay back money to restaurants. We are planning to operate in Dubai. Questions: 1 - Do we need to set up a company in Dubai to have a legal agreement with the restaurants or, our Canada branch is allowed to do that kind of legal agreement with local restaurants in Dubai? 2 - Are we allowed (as Canadian Company with Canadian Bank Account), to operate in Dubai, receive and send money from/to restaurants and customers? 3 - In case setting up a company in Dubai is mandatory, in which free zone can we set up the company? DIC, Sharjah, or Fujairah, knowing that we don`t have physical delivery inside Dubai? 4 - In case setting a company in Dubai is not required, which court (Canada/UAE) will be in charge of the agreement? 5 - Do you have a lawyer who is specialized in writing online startup contracts?

Harassment by the landlord over unpaid rent

Q: Good evening. My son and husband have been harassed and bullied by a labour camp owner for delayed rent. We have paid him most of the debt by maximising our credit cards. We did not have enough to pay my son`s 3000 Dhs outstanding balance. This camp owner has involved my son`s employer and has humiliated and embarrassed my son and my husband`s reputation. Even when we offered a payment plan which offers a monthly amount of 1000 Dhs until the debt is paid. And my husband has applied for a bank loan to pay the full amount (still in process). But the camp owner has gone and laid a police complaint against my son. After I telephonically spoke to police and explained the payment options they said we must pay 1000 Dhs by month`s end. Now I got an email from camp stating that police told them I agree to pay the full amount in 3 days. If not, the camp will go lay a charge to have my son arrested for absconding from debt repayment. Please advise, I feel so sick of worry. Thank you.

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The penalty for overstay after visa cancellation

Q: Sir, my visa was cancelled and 30 days already finished. Do I have a fine for each day of overstay?

Legal status of marriage

Q: Dear Sir/Madam, I am writing to enquire about my legal marriage status. I had a non-legal nikah marriage in the UK. Myself and my then husband moved to Dubai. This nikah certificate was attested/ certified for visa/ legal purposes, however, I`m unsure of whether the UK would now recognise this nikah as a legal marriage, as another country has recorded it as such. If so then I would have to also legally divorce. As my divorce currently is an Islamic one. Please, could you advise me further of if there are any ways of checking this or confirming etc? I had no legal marriage ceremony in Dubai. The second question I have is that if I get a court order here in the UK for child maintenance. Is this then able to be registered in Dubai (can this be used to seek to enforce) in case he failed to pay? If so how much would this mirror order cost? Kind regards, Sarah

Disciplinary fine without a reason

Q: Sir, I am a Safety Officer of a construction project. My employer deducted AED 600 as a fine in last 3 months, and they have not informed me about the reasons nor have given any warning in writing or verbal.

Pending application for cancellation of labour contract

Q: Hi Ma`am, Hope you are fine. I got a suggestion from you last week regarding my Labor and Visa cancellation. As I told you, my case is in Labor Department in Dubai Courts. I already have the judgement. I went to Tasheel for labor cancellation. I had 200 AED fine on me and made the new application with the payment of 103 AED. The application was submitted on 17th of this month but until now Labor Ministry didn`t approve it. And I am waiting for this to get my visa cancellation from Immigration. Can you please advise me how long does it take for the labor cancellation? Your reply will be highly appreciated. Regards

What to do if your employer delays your visa renewal

Q: Dear Sir/Madam Greetings, I am working in a construction company which is a Limited Liability Company as a Secretary / Front Desk Receptionist and my visa expired on 3rd of May 2017 and till date my employer has not renewed my visa. Already, my Emirates I.D. is also expired and my employer keeps on telling me they don`t have the money now to renew my visa, but they will renew it. As you can see how much fines has been accumulated till date as it`s 6 months now. Therefore, in view of above what action should I take in order to ensure that my visa will be renewed by my employer?