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UAE

صحة أحكام الطلاق الصادرة عن محاكم الإمارات في مصر

س: إذا حصلت مقيمة مصرية على الطلاق في محاكم دبي، فهل تسري هذه الأحكام داخل المحاكم المصرية؟ علمًا بأن الزوجين مصريين مقيمان في الإمارات.
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UAE

Termination of an unlimited labour contract due to visa expiry

Q: Dear All, I would like to ask if the company terminates the employee due to visa expiry? I am under an unlimited contract.
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UAE

Acting against delay of delivery for a purchased property

Q: Hi, My house was supposed to be delivered on 30 Dec 2018 but it`s more than 1 year of delay and still, there is no communication on when it will be delivered. I have paid 30% of my house value in October 2018 + 2% DLD and rest 70% is on delivery as per the agreed payment plan. We are speaking to the builder to get a better picture of the delivery progress of our house but they say they yet don`t have the exact date of delivery. Kindly advise, what should I do? Thanks.
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UAE

إسقاط قضية جنائية في حالة عدم حضور المجني عليها

س: هل تسقط القضية الجنائية (هتك عرض) المحالة إلى المحكمة في حالة عدم حضور وعدم وجود المجني عليها داخل الدولة؟
Questions & Answers
UAE

Withholding passport by the employer after cancellation

Q: Can I sue my employer for not giving me back my passport? I requested the contract cancellation which I was granted at the labour office, but my employer refused to handover the cancellation paper after I exceeded my 30 days grace period.
Questions & Answers
UAE

Getting a new employment visa while a cheque bounce case is being processed

Q: Hi All, I have an existing criminal "cheque bounce" case under my name for dishonoring loan payments. I`m also a victim of unpaid salaries and gratuity from the previous employer. However, I have reached a stalemate in negotiating with the bank as they are not interested in accepting the money I could offer in the interim despite having a clear understanding of my predicament. Finally, I have an offer from a company after all these months and I`m anticipating to accept this offer but I`m yet to resolve the criminal case! Since the bank is not willing to negotiate, I`ve planned to pay the criminal case removal fee or fine to the Dubai Police. I know that the bank would immediately proceed with a civil case should that happen. My question is how long does it take to file a civil case? And can they initiate a travel ban without appeal while filing the civil case in court? Will it affect my capacity to get a new employment visa stamped and work in the UAE while the civil case is active?
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UAE

Possibility of changing custody in case of changing country

Q: I am a US citizen (father of a 9-year-old). I recently got divorced and have sole legal and primary physical custody of my child. My wife is allowed only 1 visit with my child (for 2 hours each week, under the supervision of a 3rd person). My wife has unaddressed mental health issues. This is documented in the Parenting Plan and Divorce Decree. If I move to outside the UAE, can my wife again file for revision of custody? Will my US divorce and parenting plan be considered by the courts in the UAE?
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UAE

Right of the employer to ask for visa expenses upon resignation

Q: Good Day! I resigned on my probation period and my company wants me to pay AED 5000 for my visa cost and insurance. Am I obliged to pay that money? I will finish only 3 months and I`m on unlimited contact. Please, I need your advice. Thank you!
Questions & Answers
UAE

Reducing the rent paid to the ex-wife because she is staying with her family

Q: Hi, I have been divorced since few months and have now found that my ex-wife and my children have been staying with her family. I am already paying her yearly rent which she decided to save and stay with her family. Can this be challenged in court? or do I need to wait for one-year completion of the divorce? The judgment only says to pay rent and doesn`t mention sharing or moving with family.   Thanks
Questions & Answers
UAE

Non-payment of the company share capital by one partner

Q: A company director is not paying his share capital agreed in the memorandum to the company.
Questions & Answers
UAE

إلزام المستأجر بالاستمرار حتى انقضاء مدة العقد الممدد ضمناً

س: السلام عليكم أنا كنت مستأجر بيت بعقد من تاريخ 1/8/2018 إلى 1/8/2019. قبل انتهاء إيجار البيت بثلاثة أشهر، أبلغت المالك بعدم الرغبة في التجديد شفوياً وتم القبول (دون توقيع العقد الجديد والعقد القديم ينص على أنه سنة واحدة قابلة للتجديد بموافقة الطرف الأول المؤجر). وبعدها بشهر أبلغته أنني أريد أن أبقى بضعة أشهر وأبلغني أنه موافق قائلاً "البيت بيتك" وطالما أنك تدفع فإنني مرتاح. وتم دفع كل 3 أشهر كما هو متفق. وبتاريخ 1/1/2020 أبلغته أنني بصدد المغادرة نهاية الشهر وسيتم تسليم العقار في نهاية الشهر، فأبلغني يجب أن تكمل العقد وتدفع لنهاية 1/8/2020، وهددني بالمحكمة.
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UAE

The expected penalty for the possession and use of psychotropic substances

Q: Dear Lawyers, Greetings! My husband was detained in Muraqqabat police station because of the possession and use of psychotropic substances. He was detained on December 10, 2019, but until now, his case is under investigation. He had already a criminal case number but we are still waiting for the judgment for us to know what the fine and punishment will be. Can anyone here help me or provide any idea about the fine and punishment? Some of my friends told me that he will get deported and fined for around 10,000 AED. Is this possible? Hope I can find an answer, it will really help me a lot. Thank you!
Questions & Answers
UAE

Does reducing salary forcefully count as arbitrary dismissal?

Q: I`m employed in the private sector with a limited-term contract valid from 22.04.2019 to 21.04.2021. Once I signed that contract, the company manager told me to sign one more employment contract valid from 01.05.2019 to 31.12.2019 saying this contract is for headquarters located outside the UAE. That contract was on company letterhead paper only, not thru MOHRE. I signed it and later found out it is not legally binding in the UAE. Now, they are offering me the same type of contract again, valid form 01.01.2020 to 31.12.2020 with a reduced salary. However, I do not want to accept this salary. If I do not sign this contract, they will terminate me. If they terminate me, will they pay 3 months’ salary compensation to me or not? Will the contract I signed from May 01.05.2019 have any impact on this compensation? Please advise. Thanks a lot.
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UAE

الإجراءات اللازمة لإتمام عملية التنازل خارج الدولة

س: السلام عليكم، في حالة عدم وجود الشخص داخل الدولة، كيف تتم عملية التنازل؟ وما الشروط الواجب توفرها في وثيقة التنازُل التي سيوقَّعها الطرف خارج الدولة؟ هل يجب أن تكون مُمضاة في سفارة الإمارات؟
Questions & Answers
UAE

How to avoid a UAE ban in case of old TB scars?

Q: Assalam Alaikum Mr Mohamed. My name is G., and I am residing in Dubai married and living with my husband. I did my medical for employment visa and unfortunately, my medical report is unfit due to an old TB scar. Now if I leave the county, the Dubai government will impose a ban on me. Since I want to live with my husband and he is ready to sponsor a visa for me, is there any legal way that I can stay in Dubai with the government permission and not getting ban for 1 year or a lifetime? Kindly help me to resolve this issue as we both are new to the country and no one is guiding us properly. We are very helpless. Please, it`s a request. I will wait for your reply.
Questions & Answers
UAE

Speeding up the employment visa process to avoid overstay fines

Q: Agency will file absconding against a visit visa Dear Sir/Madam, I have sponsored my nephew’s visit visa. His visa expired since Nov 25. The employer already showed me an entry permit of my nephew. But, the agency is still calling me that they will file an absconding case. Can they do that? As I understand, the visa status has not changed. What would be the impact to all these? If the agency files an absconding case, who will settle the fine? What happens with the entry permit the employer already filed? What best should be done? Appreciate your clarification