Ask The Law - September 17, 2004

Questions answered by Hussain Mohammad Hussain of Ali Safar and Associates and Legal Consultants.

Ban no hindrance in applying for visit visa

Biju Thomas asks: A friend of mine had a one-year ban when his visa was cancelled. Can my friend come here on a visit visa during this period?

There is no legal reason not to apply but the practice is that a visit-visa application will be refused during the period of the ban. In some rare cases, the application is approved according to the sole discretion of the Immigration and Naturalisation Department. You may apply and try.

Cancelling residence visa

Mario Dias in Dubai asks: One of my friends was working in Dubai. His company closed and the sponsor, who was an Omani, left the country without renewing or cancelling the trade licence. My friend left Dubai eight months ago and, thus, his residence visa expired. He wants to come back to Dubai. How can my friend come back to Dubai?

As you have said, his visa is deemed cancelled because he was out of the country for more than six months, but as his visa is still in the Immigration and Naturalisation Department records, he will not be granted a visa. A near relative can go to the labour department and try to cancel the labour card because your friend has a cancellation form for the labour card signed by his sponsor. If the relative succeeds, he can go to the Immigration and Naturalisation Department with the cancellation of the labour card certificate from the department of labour, and there the residence visa will be cancelled and his name removed from the records. Thereafter, your friend can come here on any visa.

Maternity leave

Shibu Varughese in Dubai asks: The maternity leave section in the article at http://www.uae.gov.ae/Government/women.htm confirms that the Federal National Council (FNC) has passed Article 55 stating that women are eligible for three months full maternity leave and six months half pay. Is this applicable to all women in the UAE and also for women working in the Jebel Ali Free Zone Authority?

This is applicable only to UAE national women. To address some of the issues discouraging UAE women from working, the FNC approved a law governing maternity leave in February 1999. The FNC revised the text of Article 55 to give women entitlement to three months' maternity leave with full pay. On mother care and childhood issues, the FNC has said that a UAE woman would be entitled to five separate periods of maternity leave during her employment. The law stipulates that a UAE woman is also entitled to nine months' leave to look after her newborn baby, comprising three months with full pay and six months at half pay.

Research in Dubai

Hemalatha Madhavan in Dubai asks: I am working as a marketing consultant. Now I wish to do my PhD research in Dubai. As my topic is based on Dubai, I have to conduct surveys in Dubai. The educational institute is in India. What is the procedure for carrying out my research in Dubai and what authorities are involved?

As long as you are making the survey for educational purposes and not for profit, you can conduct the research in Dubai without the need of a licence from any authority as your stay in the UAE is legal as you hold a valid residence visa.

Two passports

Z.Y. David in Sharjah asks: A person known to me managed to enter Dubai using two passports with different names. Dubai Immigration is already aware of this and a case was filed by her former sponsor and another by the other sponsor. What is the penalty for such a person as well as the person who helped him?

The penalty for both will be imprisonment for a period determined by the court, not exceeding three years, plus deportation.