Ask The Law - April 12, 2002

Overstaying
From: Kiran Florence, Dubai.
I am a 23-year-old woman. I have overstayed on a visit visa sponsored by my mother for a year. I want to emigrate to the U.S. What should I do?

The mother and her daughter's act is illegal and punishable. It is imperative that they go to the Naturalisation and Residency Department and give reasons for the daughter's failure to leave the country when the visa expired. The department is free to accept these excuses or not.

Missing passport
From: Jenny, Abu Dhabi.
My friend works at a maintenance company in Abu Dhabi on an employment visa. Six months ago, her employer shut down the business and absconded with her passport. Her visa is valid till March 2002. What is the procedure for her to return to her home country without a passport? Will she face any problems?

The reader must get evidence on the fact that the employer has run away and the company has closed. The loss of the passport must be reported to police. A new passport can be obtained from the embassy of the reader and the residence visa can be stamped on the passport.

Absconding
From: Sairam, Sharjah.
One of our workers brought two relatives to the UAE on visit visas from a travel agent. They have been absconding for six months. Now the sponsor of the visas is threatening to send him to jail. He knows where the relatives are. How can they be apprehended and deported? Who is responsible if the sponsor complains to police or the Immigration Department? What will the fine be?

No doubt there is a legal responsibility undertaken by the sponsor for the people he sponsored on visit visas and failed to leave the country on time. The sponsor must inform the authorities of their residence out of respect for the laws and security of this country. Tougher penalties will be imposed if they stay in the country for a longer period illegally.

Bank's money
From: K. Raghavan, Dubai.
I received a wrong entry in my account from another bank for an approximate amount of Dh19,000 when I was expecting Dh10,000. I took the entire money. After six months, I was harassed by the bank, asking me to pay the full money which was paid within the notice given to me. I also got my money from India for which I had to go to India. Due to the bank error, I lost my job as well and I had to undergo hardship. Can I take the bank to court and what would be my compensation?

No, the reader has no case and may not sue the bank for loss of his job. Crediting a certain amount to the account of a customer by mistake does not give the customer any right to keep or spend that amount. The customer also cannot refuse to pay back the amount credited to his account by mistake.

New clinic
From: A Reader, Abu Dhabi.
I am the sole investor in a LLC medical company and my visa and labour card are from that company. I am a lady doctor and I have a license to practise medicine from the Ministry of Health. I have also invested in a clinic sponsored by someone other than the medical company. I now wish to practise in the clinic. Can I work on the same investor visa and labour card? If not, what should I do?

The doctor must obtain a new labour card to work for the clinic. A doctor may have his or her own business (clinic) along with a sponsor and both can obtain a licence for the clinic from the Health Department. After a licence is obtained, a new labour card is processed.

Police certificate
From: Anoop, USA.
I was in Dubai for two-and-a-half years before I moved to the U.S. I need a police clearance certificate from Dubai to apply for my Canadian Immigration. Any idea how I can get it? Can I apply for it in the UAE embassy in the U.S.? Or, should I apply for it through my old company in Dubai and get it done from there?

The reader can obtain a Good Conduct Certificate by submitting an application to Dubai Police from abroad. Following are the requirements to apply for the certificate from abroad:

1. Photocopy of applicant's passport (a clear, black and white copy), to indicate the details of his UAE residence visa and the total period of his stay in the UAE.
2. Two passport size photographs.
3. Record of his complete fingerprints taken by an authorised agency and attested by the UAE Embassy.
4. An amount of Dh100 cash, or bank draft of $30, favouring Dubai Police General HQ. towards the Good Conduct Certificate fee.

For any further information please contact Dubai Police at the following address:
P.O. Box: 1493 Dubai - UAE CID.
Tel : 00971-4-201 3564

Salaries not paid
From: A Reader, Dubai.
I work for a company in Dubai which has not paid us for six months. If we approach the Labour Department, will we be entitled to receive our salaries? Also, our company has got all our visa cancellation papers signed in advance. Is this legal?

Non-payment of salaries on time is regarded a failure to meet company obligations and this entitles workers to quit without notice in accordance with article 121 of the Labour Law. The worker may submit a complaint to the Ministry of Labour and Social Affairs which will try to settle the dispute amicably or refer it to the court. No, signing documents to cancel the residence visa in advance is illegal. These documents must be signed after the workers receive their dues.

Visa rules
From: Angela Keir, Al Ain.
My residence visa is currently sponsored by my father. I will soon be getting married and will have to change my sponsor. I have heard that for my husband to sponsor my visa I must have a university degree. Is this true?

No, transfer of sponsorship of a woman from her father to her husband does not require that the woman has a university degree. This only requires that the husband meets the legal requirement mainly salary and accommodation status. A monthly salary of Dh3,000 plus company-provided accommodation or Dh4,000 monthly salary is required so that a husband can sponsor his wife.

Readers can send their legal queries about labour, immigration and business to fax number 04-3421695