UAE Legal Resources - Legal Advice Middle East

س: السلام عليكم، أنا مستأجر في دبي. المالك القديم باع الوحدة لمالك جديد وكان هناك شيك مستحق قبل إتمام عملية البيع بخمسة عشر يومًا ولم يصرفه المالك القديم. تلقيت رسالة علي الواتساب من رقم غريب يقول أنا المالك الجديد للعقار ويُرجَى تبديل الشيكات. لم أجب حتى أتأكد من جدية الرسالة. بعد يومين وجدت إنذارًا عدليًا للإخلاء لعدم سداد الإيجار. تواصلت مع نفس الرقم ولكن لا توجد إجابة، وأرسلت رسائل لإعلامه باستعدادي لدفع المبلغ الأول نقدًا وإعطاء الشيك الآخر باسمه، ولكن لا يوجد رد. انتهت مدة الإنذار. ما موقفي القانوني الآن؟

Will an external expert accounting report help my case in DIAC arbitration?

Q: Hello lawyers, I want to proceed with arbitration through the Dubai International Arbitration Center (DIAC). Is it better to have an external expert accounting report prepared before going to arbitration? Would this support my case? Also, are these external expert accounting reports considered by the arbitration committee if they are prepared by any of the UAE mainland registered experts? Or are there any other experts who are registered elsewhere that I need to contact? Kindly advise!

Do I have to serve my notice period after completing my rotational leave?

Q: Good afternoon. I have been working with my employer for the past 3 years and 9 months. According to my contract, I am required to work 42 days and take 21 days of unpaid rotational leave. 6 months ago, my employer changed my rotational working cycle to 60 days of work and 60 days of unpaid leave. I did not agree to this change, but I have been working under this new cycle for the past 3 rotations. I resigned from my job while I was on rotational leave and requested to be released from my contract with a 30-day notice period. However, my employer informed me that I must first complete my rotational leave, which is 60 days, and then serve a 30-day notice period after returning to work. I have another job that I need to start in 20 days, but my current employer is not releasing me. I officially submitted my resignation via email on July 12, 2023, from India. Due to this issue, I traveled to Abu Dhabi on July 18, 2023. Please advise me if I must serve my notice period after completing my 60-day rotational leave, or if it can be calculated from the date of my resignation.

Can I exit Dubai without paying overstay fines if my out pass is not approved?

Q: Good evening Sir, I have a question regarding my overstay. I have fines already. My visa expired on October 2022. Is it possible to exit the country without paying the fines? I have a ticket for my flight on July 25, 2023. I applied for an out pass from Abu Dhabi but it is still not approved. Can I still exit the airport?

Employee working outside of official duties: Is it legal?

Q: Dear Sir/Madam, Good day! I hope this email finds you well! We have received information that one of our employees, who is under our sponsorship, is working outside of his official duties and receiving payment from our clients. We would like to inquire if the labor law permits employees to work outside of their official working hours. Furthermore, as an organization, we take any violation of company policies and labor laws seriously. If it is found that the employee in question has indeed been working outside of his official duties without prior permission, we may have to take disciplinary action against him. We request your guidance on the course of action that we should take in this situation and if there are any specific clauses of the labor law that we should consider while taking disciplinary action. We appreciate your response and look forward to hearing from you soon. Thank you!

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How to cancel a visa without sponsor in Dubai?

Q: Dear Sir/Madam, I want to cancel my visa. I am unable to contact my sponsor, so I visited the nearby Amer center. They advised me to cancel my visa from the labor department first. How do I do that? I was also informed that my labor ID has not been renewed for almost 2 years. Is that possible? I have a fine, but I don`t know how to ask for a waiver.

How to evict an existing tenant after purchasing a property in Abu Dhabi?

Q: Dear Sir/Madam, I have bought a villa in Al Reef, Abu Dhabi for my family to live in, and I want the existing tenant to vacate the house with a notice period. The old tenancy contract with the previous landlord is valid until December 30, 2023. What are my rights, and how can I pursue them?

A tenant refuses to renew the tenancy contract with new conditions. What to do?

Q: Dear Sir/Madam, I sent a renewal notice to my Dubai tenant with more than 3 months advance. In the renewal, I adjusted the rental increase as per RERA of 5% and requested a change in payment conditions from 4 to 2 cheques. The tenant agreed to the new amount but did not agree to the new payment conditions because, according to him, the provisions to change the terms in the contract allowed by RERA were only suggestions and not enforceable. Therefore, the contract renewal has not yet gone forward because we do not agree with his interpretation. While consulting our options, RERA updated the rental increase for the area from 5% to 15% since the tenant is paying well below market price. We sent the tenant a new proposal with the updated RERA-allowed increase of 15%, offering back payments of 4 cheques. The tenant refused again, arguing that the new proposal is not applicable since we are now out of the 90-day previous notification window required. Please advise our options!

Can the wife prevent the husband from seeing his daughter during divorce case and custody?

Q: I am a husband going through a divorce case in the Dubai First Instance Court and with a 10-year-old daughter. I have some questions about my rights as a father: 1. What are my rights regarding child custody during the First Instance and Appeal stages of the divorce case? 2. Can I meet my daughter before the final judgment is issued? Are there any conditions or limitations for these meetings? 3. If my spouse has custody of our child and refuses to disclose her location, can I take any legal action for Child Abduction? 4. Can my spouse restrict my communication with her and her family members? Can she enforce a specific mode of communication, such as email? 5. Can my spouse make decisions regarding our daughter`s schooling without my permission? I would appreciate any guidance on my legal options in these matters. Thank you.

How to retrieve a passport that was submitted to the court and a guarantor?

Q: How to retrieve a passport that was submitted to the court as bail collateral for an individual`s release due to the bank`s unpaid loan amount? The court is unwilling to accept the borrower`s passport, and there are no alternative parties willing to provide another passport as an exchange for the release of the initial one.

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How to submit a request to lift deportation and ban from outside the UAE?

Q: Can a request for the cancellation of deportation be submitted if the accused has already been deported to his home country?

Are attestation costs for degree certificates borne by the employer?

Q: Dear Sir/Madam, The work contract specifies that you need to have your degree certificates attested as per UAE law/requirement. Are the attestation costs claimable to the company offering the job or not?

How can I cancel my employment visa and leave the country if I have overstay fines?

Q: I completed 2 years of my contract and my visa expired. I gave the company a cancellation request but the company didn`t give a cancellation. I gave the request for labor card cancellation The court canceled my labor card now I need the visa to be canceled but my visa status is violated and has a fine. I have no money and I need to cancel my residency visa to leave the country.

How can a widow in India sell her deceased husband's car in Dubai?

Q: Dear Sir/Madam, One of my friends passed away in Dubai in 2021. His wife is in India, and she wants to sell the car. She has a DIFC court order stating that she is the executrix, and she has her husband`s death certificate. She is not able to travel to the UAE because she is sick. Please advise her on how she can sell the car.

How can I claim a refund from an immigration company after failing to fulfill their obligations?

Q: Hello, This is R. from London. I am writing to seek legal help on account of immigration fraud. I had signed a contract with a company called [-----], located in Dubai under DED. They had claimed that they can get me a sponsorship job within 6 months and if not, then I will be entitled to a full refund. However, they have misled and misguided me on multiple occasions. They first sent me the initial job opportunities for Malta and when I pointed it out to them, they apologized and sent me job applications for London. When the period of six months was over, I requested a refund and they claimed that it has not yet been six months as weekends and holiday periods (Eid holidays, etc) were not included in the six-month period. Them they sent me a separate email explaining this although it has not been mentioned anywhere in the contract. It has been over 8 months and they are still refusing to give me the refund. Kindly help me regarding this. I want to get my money back.

Self-help

How long does it usually take to sort the request for the cancellation of deportation?

انتهت مدة الإنذار بالإخلاء بعد طلب المالك الجديد تبديل الشيكات. ما العمل؟