Ask The Law - May 17, 2002

Branch office
From: U.K. Shah, India.
Can an Indian financial company set up a branch office in Dubai as a 100 per cent subsidiary of the Indian company?

Yes, an Indian company can open a 100 per cent-owned branch in Dubai. But this branch must be opened in the emirate's free zones.

Police certificate
From: Ron Verde, USA.
My fiancee is a citizen of Kyrgyzstan. She worked in a restaurant in Dubai for a year. She is not currently in the UAE. How can she get a police certificate stating that she has no police record in the UAE?

She can apply for a good conduct certificate. The requirements for such a certificate are as follows:
1. Photocopy of the applicant's passport (a clear, black and white copy), to indicate the details of his UAE residence visas and the total period of his stay in the UAE.
2. Two passport size, personal photographs.
3. A record of the applicant's fingerprints, taken by an authorised agency and duly attested by the UAE Embassy.
4. Dh100 in cash, or a bank draft of $30, favouring Dubai Police General Headquarters, towards the certificate fee.

Ban on wife
From: Loreto Dias, Dubai.
My wife who is now in India was in the UAE earlier. Before she went to India, she incurred a ban for six months from her company upon resigning. We married in India after she had left the UAE. I want to bring her here on my sponsorship. Will there be any hurdles for me? Her six month ban started from November 18.

The ban imposed on your wife on the request of her company prevents her from taking on any new job before the end of the ban period. But you, as the husband, can bring your wife on a residence visa sponsored by yourself.

Car import
From: Bo Majker, Saudi Arabia.
I am now living in Saudi Arabia, but have been offered a job in Dubai. Can I import my car from Saudi Arabia? What is the procedure and what is the customs tax (if any)?

Any expatriate who lives in the country on a residence visa and has a job is entitled to bring in his car, whether from Saudi Arabia or elsewhere. The car must meet technical and other specifications as stipulated by UAE law.

Driving in UAE
From: Mohd. Shuaib, USA.
I am an international student in a university in the United States. I am here on a student visa. I would like to visit my parents who are now in Dubai. Will I be able to drive in the UAE with my U.S. driving licence? If not, what do I need to do to get a licence in the UAE? Do I need to go through all the driving tests in Dubai?

A visitor who has a driver's licence may obtain a temporary licence from the traffic department to drive his car during his visit. Obtaining an international driver's licence from authorities concerned will be an asset in this regard.

Marriage
From: Younis Omar, Sharjah.
Is it possible to marry a foreign woman in the UAE who is on a visit visa? What is the procedure?

If the person's country laws allow him to marry a foreign woman and the approval of the woman's parent or custodian is obtained, the marriage may be made before the Sharia judge in the presence of two witnesses and in accordance with laws of the man's country.

Dentistry
From: Hesham Hassan, U.S.
What is the requirement to practise dentistry in the UAE? I have the American Board licence and a California licence. Who should I contact to apply for a job there?

Duly attested scientific and experience certificates must be submitted to the Ministry of Health or the Dubai Department of Health and Medical Services. The applicant must also pass exams before obtaining a licence to practise as a practitioner, a specialist or a consultant as per his qualifications and experience.

Sales commission
From: A Reader, Abu Dhabi.
In the absence of any written communication regarding commission on sales, can an employee claim commission due by providing proof of previous payment?

A commission is a part of the salary and sometimes is the whole salary. The reader can gain evidence of his commission by all legal means especially testimony of witnesses.

Bank loan
From: A.S., Sharjah.
I had taken a loan from the bank in April 2001. As per normal procedure of the bank, a letter was issued by the company to the bank stating that the company undertakes irrevocably to transfer the salary monthly, which it did from June till October 2001.

For the past five months, the company has not paid me my salary. I, however, managed to pay the bank up to January 2002. The bank is calling me for the loan payback. I am unable to do so. In the event of my resignation, the company has to transfer all my dues to the bank as stated in the letter issued by the employer. This amount will be more than my loan outstanding.

How can I resolve this settlement? What is the obligation on the part of the employer? How does the law protect the employee?

A company which issues a letter to a bank guaranteeing the repayment of a loan given to its worker will be liable for the repayment. If dues of the worker exceeds amount of the loan, the company must pay any additional dues to its worker.

Divorce
From: Sol L.P. Philippines.
My husband and I were married under civil code in the Philippines, where there is no divorce. My husband obtained a divorce from the Dubai Court in May 2000, but this divorce is not recognised by Philippines law. What is the effect of this law?

If the husband is a Muslim and his wife is non-Muslim, the rules of Islamic Sharia will be applicable after marriage. These rules entitle a husband to divorce his wife. The couple can also agree to apply either the Islamic Sharia or the laws of the husband's country.

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