UAE Legal Resources - Legal Advice Middle East

The consequences of joining a company under an unskilled visa while being skilled

Q: I am a skilled person having an engineering degree and I had signed an unlimited contract with a Dubai-based company. However, my company doesn`t have a skilled visa so they applied for my visa under unskilled. So my questions are below: 1) Is it legal? 2) Is it possible to change it from unskilled to skilled? 3) Can the employer impose a travel/labor ban (in case the employer does not agree to terminate the agreement ) if I switch to another company after completion of the probation period? 4) Will I face any issue in getting my family over there? Please assist me! It will be really helpful for me. Thank you!

How to calculate the accumulated leave?

Q: Hi Madam, I have read in one of your answers to a question regarding the calculation of leave salary at the end of job, termination, or resignation, that the leave salary for accumulated leaves will be calculated based on Basic Wage. My doubt is what is accumulated leave? If I received all the dues of leave salary on last leave and I resigned 1 year after resumed duty, only 1 month leave salary is due for me. Is it consider accumulated leave or is it a normal annual leave? And, why the calculation is based on basic pay in this case? I think the accumulated leaves are the days due more than 60 days. Please advise me as I am planning to resign from my job. I completed 20 years in the same company and there is no unpaid leave salary except the last 1 year of service.

How can I appeal a house rent case if I never stayed in the apartment?

Q: How can I appeal a house rent case if I never stayed in the apartment and did not sign any contract or provided any cheques but did not close the water and electricity account?

Asking an immigration consultant for security cheque to assure performance

Q: I am a client of an immigration consultant company in the UAE. I have made 70% of the payment and the work is under process. I need to know if I can ask them for a security cheque for the amount I have paid, in case they turn out to be fraudsters or dupe me. I need to know what I must say so they agree to give me a security cheque. Please help as am alone and need legal advice on this matter!

نفقة وحضانة الأبناء في حالة الطلاق للضرر

س: السلام عليكم، أشكركم على هذه الخدمة الجليلة ووقتكم الثمين! رفعت زوجتي قضية طلاق للضرر في محكمة الشارقة الشرعية وخسرتها (لم يثبُت الضرر) واستأنفت و خسرت أيضًا. الآن رفعت قضية جديدة وعيَّنت المحكمة حكَمين وأتوقع أن تكون توصيتهم بالطلاق. سؤالي يتعلق بالأبناء، لدي ابن وابنة: الابن عمره 14 سنة و8 أشهر مقيم في الإمارات والابنة عمرها 17 سنة و5 أشهر وغير مقيمة في الإمارات وتدرس في الجامعة خارج الدولة. أسئلتي كالتالي: - هل للمحكمة ولاية على ابنتي بالرغم من أنها لا تملك إقامة في الإمارات؟ - هل يمكن للزوجة طلب الحضانة للابنة مع أنها تقيم في الإمارات بعيدًا عن الابنة؟ - هل في العادة تحكم المحكمة للأب بحضانة الابن فوق الـ11 سنة أم ستسأل الابن كي يختار مع مَن يقيم؟ - عند الطلاق لن يكون للأب زوجة، فهل يؤثر ذلك في حضانة الابن بالنسبة للأب؟ - ما النفقة المتوقعة إذا كان راتبي 17500 درهم شهريًا؟

When can the buyer get the title deed of a purchased property?

Q: When purchasing an apartment directly from the developer (not a re-sale) in the UAE, is it improper to ask the developer for the property`s title deed? Does a title deed even exist at that time? Or is the first time a title deed is issued for a property is by the time a property is first sold from a developer to a buyer?

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هل يفصل القاضي في حضانة الأبناء في نفس منطوق حكم قضية الطلاق للضرر؟

س: هل يفصل القاضي في حضانة الأبناء في نفس منطوق حكم قضية الطلاق للضرر أم يفصل فيها بعد انتهاء العدة؟ الخلفية: الزوجة رفعت قضية طلاق للضرر (محكمة الشارقة الشرعية) وخسرتها ثم استأنفت وخسرتها أيضًا ولم يثبت الضرر. الآن رفعت قضية جديدة وتم تعيين حكمين من المحكمة ويُتوقَّع طلاق المدعية.

Where does the UAE law stand if a Muslim resident wants to change religion?

Q: Hello. I`m having some personal issues with my family. I`m being harassed over my own beliefs. They`re Muslims but I don`t exactly believe in what they believe. I`m officially a Muslim as that`s what was assigned to me at birth. Is it legal for me to convert to a different religion? Can I somehow legally make my family stop what they`re doing? Thanks.

How can I return to the UAE after getting deported for illegal sale of alcohol?

Q: Good day Sir. I want to know if it`s possible for a person who was deported due to the illegal selling of alcohol to come back to the UAE. The person was put in jail for 1 month and after that they deported him, they did an eye scan. They just involved him by the real seller of the alcohol. Hoping for your reply Sir. Thank You

How to make sure all cases/files are dropped and closed?

Q: I had a case for a returned check of 3960 AED. Both I and the claimant are currently outside the UAE. I am in the UK and the other party is in Sweden. I contacted the person through a 3rd party and arranged to repay via Western Union. It was completed. The person assured me once received that the case would be dropped but since then, I have not heard anything. I need to come back to the UAE soon and am worried about this case. I have all the evidence of sending the owed amount to the person but as I`m outside the UAE. I need to know what I can do to make sure all cases/files are dropped and closed. Can you help?

How can the owners of a company revoke actions made by previous owners?

Q: Dear Sir/Ma`am, The previous owners of a company in the UAE granted a POA (on behalf of the UAE Company) to a foreign partner in KSA to open a company in KSA. Now the owners of the UAE company have been changed. Do all previous owners have to sign if the company wishes to revoke the POA or the current owners can sign for revoking the existing POA issued on behalf of the company? Please advise.

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The right to terminate SPA and claim refund & compensation for delay in handover

Q: Hello, I bought an apartment in Dubai and made payment installments based on progress. In total, I paid 50% of the price. Per the SPA, the anticipated completion date is 31/12/2019 and till now the project is not complete and it will take at least another 12 months. The developer has a grace period of 12 months which has already expired. The force majeure clause is very short and doesn’t indicate any specific cases of FM situations. I would like to terminate the contract and recover the 50% down payment plus compensation for damages caused by the delay. Please provide input on the merit of my case and let me know how I should proceed. Thank you MZ

How to recover an amount of money lent to someone?

Q: Hi sir, Can you help me with a legal notice request as someone borrowed money from me and still hasn’t returned it yet? Can you let me know what information do you need as well as the fee for the notice? Thank you!

The new landlord asks for repairing damages which are not caused by the tenant

Q: I am having an issue with my landlord regarding my security deposit. I was renting a flat in Dubai and the owner sold the flat to a new landlord. I stayed in the flat and entered into a new contract with the new landlord. Before the new landlord purchased the flat, there was a burst in the pipe of the building. It was not caused by me but by the building that caused damages to the flooring of the flat. When the new owner came to buy the flat, all the damages were already existing and he saw them. He simply bought the flat and I entered into a new contract with him. I left the apartment on August 1 and simply handed the keys to the security. He was not present. Two weeks later (August 15), he calls me requesting me to fix the damages in the apartment. Can you please help with some insight into my position? Thank you!

هل يحق للوكيل تعيين محامي لموكله بالتوكيل؟

س: لدي توكيل من زوجتي من الكاتب العدل بدبي. هل يحق لي تعيين محامي لها في قضايا مالية داخل دولة الإمارات؟

How to check if there is an absconding case and remove it?

Q: Good Morning, Sir! May I ask if you can check if I have an absconding case? If I have, what are the steps/options to remove the absconding case? Thanks and have a great day!

Self-help