Ask The Law | Passports and Visas

Penalty for overstaying on visit visa

Court could provide relief if reasons are genuine

  • By Advocate Mohammad Al Shaiba
  • Published: 16:08 January 30, 2014
  • Gulf News

My wife and newborn have overstayed in Dubai for more than nine months. My wife was three months pregnant when she came to Dubai on a visit visa. She was supposed to go back to our home country for the delivery, but could not do so as the doctor advised her not to travel. Hence she did not exit and her visit visa lapsed. She delivered the baby in Dubai. Now I want to fix her visa status, but cannot afford to pay the penalty for overstaying. Officials at the General Directorate of Residency and Foreigners Affairs told me that I have no option but to pay the penalty. Is there any way to reduce the penalty or can I be excused from paying the penalty?

If the questioner cannot afford to pay the penalty, he should apply to the General Directorate of Residency and Foreigners Affairs and get the matter referred to a court. He should provide the court with documents and proof stating the reason for his wife’s failiure to exit the country before the expiry of her visit visa. The court may decide to reduce the penalty if there is sufficient reason.

Establishing a LLC

I am in the process of setting up a Limited Liability Company (LLC) with my partners. According to company law, is it possible for the three of us to become managers in the company? We also need details about this type of company and about a manager’s contract.

Article No 235 of the Commercial Companies Law states the following: “A LLC shall be managed by one manager or more, who shall be selected from the partners or otherwise, provided that they do not exceed five. Managers shall be appointed in the Memorandum of Association of the company or in a separate contract for a specific period or without limitation.” Article No 236 of the same law states that if a manager is appointed in the Memorandum of Association without limitation of a specific period, in such an event, the manager shall remain in the company for the duration of the company unless the Memorandum of Association provides for the possibility to remove the individual.

Free parking in building

Two years ago, I rented an apartment in a residential tower from a real estate agency. At the time of signing the tenancy contract, I was told that parking was free. I have since been using the car park without difficulty, but last month the agency sent me a letter asking me to pay a fee for using the car park. They threatened to stop me from using it if I did not pay up within a week. What does the law say on this matter? What are my rights as per the Dubai Rental Law?

Article No 11 of Law No 26 for the year of 2007 of the Dubai rental committee concerning the relationship between the landlord and tenant, states that the rent includes the use of swimming pool, playground, sports hall, health club and parking and other facilities unless otherwise agreed upon.

Therefore, the demand of the real estate agency is illegal. If the questioner cannot resolve this problem amicably, he can file a complaint to the rental committee and demand free use of car parking.

Ask the Law questions answered by Advocate Mohammad Al Shaiba of Al Shaiba Advocates and Legal Consultants.

— Compiled by Bassam Za’za’, Legal and Court Correspondent

Gulf News
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