Questions answered by Rashid Bin Shabib of Rashid Bin Shabib, Associates Lawyers and Legal Consultants

Landlords should notify rent increase in advance
Asgar, Dubai, asks: "My landlord has increased my rent from Dh16,000 to Dh 23,000. He has given me this notice only two days prior to the expiry of my tenancy contract. Can the rent be hiked by this much? What is the notice period a landlord should give if he wants to increase the rent? And to whom should I complain about this issue?"

To provide you with an accurate answer we will need to review your lease agreement. In general, however, the landlord should inform you of the increase in rent giving you a notice period as provided in the lease agreement. Otherwise the agreement should be deemed automatically renewed with the same terms.

Sponsoring mother
Jessy, Dubai, asks: "I am presently working in Dubai Media City for a TV broadcasting company. I was earlier on my father's sponsorship but he passed away recently and now I have transferred my visa to my company's sponsorship. My question is whether I can sponsor my mother and younger sister (aged 25)? My monthly salary is more than Dh6,000. If so what are the requirements. I have also prepared an affidavit from the Indian consulate stating that they are my family."

You can sponsor your family. You will need to obtain sufficient medical insurance for your mother and sister and submit that along with the affidavit you have prepared to the Dubai Naturalisation and Residency Department with a no- objection letter and a salary certificate from your employer.

Change of job
Armu, Dubai, asks: "I have been working as an office assistant in a company located at the Dubai Airport Free Zone from 01-01-2004. I would like to change my job. Is there any legal block in getting a release from my employer? Do I need a no-objection certificate from my employer?"

You will need a no-objection certificate from your employer even if you are working at the Dubai Airport Free Zone and are technically sponsored by them. Your employer may request the authorities of the Dubai Airport Free Zone to ban you for a period of six months and it is most likely that the authorities will comply with that request.

Starting a business
Binu, India, asks: "How does one go about starting a business in Dubai? What are the legal formalities involved? I am from India and I will be taking a UAE national partner. So what should the company shareholder agreement be? I would like to start it as a subsidiary office of my Indian business."

In order to advise you on how to start a business in Dubai, we will need to know the nature of the business and the structure under which you will be carrying out such business. If the business is a profession, then the entity to be incorporated will be a commercial company.

If the business is trading, then a limited liability company is the only option. You may also wish to consider incorporating in a free zone depending on the market you wish to target.

Marriage of consent
Sana Manzoor, Dubai, asks: "I am a 25-year-old Muslim girl from Pakistan and want to marry a Pakistani Muslim man in Dubai according to the Islamic laws. What are the laws which we both have to abide by? Is my father's approval required even if am a major and not a minor? I have heard it's possible. Please do answer my question soon since there is very little time left for me to decide. If my parents force me to marry someone I don't approve of do I stand any chance of fighting for my right to choose my own spouse? Does the law protect this right of mine?"

To marry before the UAE Courts, the approval and consent of your father is compulsory. You may, however, opt to marry at the Pakistani Consulate in the UAE for which the Pakistani law will apply. If the Pakistani law permits the marriage without the consent of your father, then you should proceed on this basis.

In the UAE your family cannot force a marriage on you. The two witnesses to the marriage should confirm with you whether or not you agree to the marriage.

Visa cancellation
Dr Reni Paulose, Sharjah, asks: "I am working in Sharjah as an orthopaedic surgeon on a limited contract of two years. But my residence visa is valid for three years.

Please clarify the following: after the completion of the existing contract period, if I wish to change my employer, (1) will a no-objection letter be required from my previous employer if the visa has to be cancelled and a new visa made to avoid the six-month ban (if the previous employer does not agree to transfer the existing visa for the remaining one-year period)

(2) Should the annual leave with pay of 30 days per year be taken as 11 months' work and one month's leave with pay per year or 12 months' work and then one month's leave salary (total 13 months' pay)

(3) Is a charge of Dh1,000 levied at the time of cancellation of visa to avoid the mandatory six-month ban even after completing the contract period? If so, does this fee have to be paid by the employee or the employer?

(4) Are other contracts signed by both parties, dated prior to the contract submitted to the Ministry of Labour and Social Affairs, legal and binding?"

1. A no-objection letter is required to transfer your visa. As a specialist, however, you should fall within the exempted categories and hence you may be able to cancel your residency and have a new one issued by the new employer.

2. The annual leave for the second year of employment and thereafter is part of the 12 calendar months. Hence it is calculated as 11+1 month's leave.

3. We are not aware of any charges levied for avoiding a ban.

4. All contracts executed between the employer and the employee are valid before the local authorities, provided that they do not contravene the UAE Labour Law.