Question 1: A reader from Dubai asks: My wife has a valid Dubai residence visa until September 2015 under my sponsorship. Upon my annual vacation in January all of us went to our home country. I resumed duty after three months, but my family did not return and are still in our home country. My wife is expecting to return in September 2014. She has been out of the country for approximately nine months. It was not possible for my wife to return as she was undergoing medical treatment in our home country. I would like to know: 1) The procedure for continuing their residence visa (if applicable), 2) Is it necessary to cancel her existing residence visa and apply fresh 3) Any time duration is stipulated in between cancellation and applying for a new visa.

Answer: I would like to advise you that as long as your wife did not enter UAE for more than 6 months, this means that she needs a new permit to enter into the UAE. Therefore, I advise you to go to Dubai General Department for Residency and Foreigners Affairs, and submit the papers which prove that your wife was not able to enter the UAE due to her health problem. The department will consider your application, taking into account your wife’s circumstances, and, she may be excluded from this violation and allow her to enter UAE again, as well as adjust her status legally.

Dismissing a company partner

A reader from Dubai asks: I am working in a LLC (limited liability company) in Dubai as a working partner. I have an investor visa. Can other partners remove me from the partnership. As per my another partner, I am only holding 10 per cent of the shares so it’s easy for them to remove and fire me from the company. Am I eligible for partnership with any other firm without changing my visa? 2. As per the UAE law under what conditions a partner can be removed from a LLC.

Answer 2: I would like to advise you that in a LLC, no partner has the right to remove any other partner — it doesn’t matter whether a partner is holding a small or big share, since his name is included in the company’s memorandum of association, which is certified by law.

But, if the other partners wanted to remove you from the company for legal reasons, they must go back to the conditions mentioned in the memorandum of association in respect with the matter, and then call a meeting of the board of company to resolve the issue amicably, especially if they wanted to remove a partner who committed a financial violations or subjected the company to loss due to his misconduct. If this has been proved, the said partner will be requested to sell all his shares in company to the residual partners, and to withdraw from the company, or to purchase himself, the partners’ shares and remain in the company with other partners selected later. In case of failure to reach a solution to satisfy the assembled parties otherwise the case may referred to a concerned court, by asking the court to appoint an accounting expert to study the company’s conditions and proving the one who caused the company’s problems, as well as to review the financial status. Based on such report the concerned court will provide a proper judgment in this regard. These are the reasons and legal procedures used to solve such problem.

As for the possibility of joining another company as a partner, you may be a partner in another company provided that you are not working in it.

Tenancy renewal

Question 3: A reader from Dubai asks: I have been looking for an apartment for three months. Recently I found one that’s perfect for my family. I handed over a cash deposit plus three post-dated cheques to the real estate agent after we both agreed on the rent and I have a receipt from them in plain paper, not on their letter head. They were supposed to get back to me in two days time with a signed tenancy contract. After one week, I got a reply from the agent that the owner has changed his mind. Instead of the agreed amount he wants to increase the rent. Now more than three weeks later, the agent has not released my tenancy contract and not given my money and cheques back because of the higher rent price which they are asking. My question here is; Is the agent, under the Dubai rental law, allowed to do that? 2. What is my right as a client? Pease advise.

Answer 3: I would like to advice you to confirm whether the real estate agent is duly licensed firm as per the law or not. This can be verified by approaching the concerned authority of licensing.

If the questioner found out that such agent is not licensed by law, he is advised to lodge a fraud complaint before the police and the Public Prosecution. However, if such an agent is duly licensed to practice such real estate business he is advised to file a rental case before the Rental Committee of Dubai Municipality in order to solve this problem

Readers’ questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants