Ask The Law - April 19, 2002

Visa cancellation
From: Ram Kapoor, New Delhi.
My brother got married in India according to Hindu law to an Indian. Both of them are now in Dubai. His wife is on his sponsorship. They are not compatible. Can my brother get her visa cancelled when she is not in Dubai without taking her passport?

What is the procedure for visa cancellation? What steps can my brother take for protection in case she falsely implicates him in a case of harassment to police?

Yes, a husband can get his wife's sponsorship cancelled while she is away. But the husband must submit her passport to the authorities. Without his wife's passport, her sponsorship cannot be cancelled. But the sponsorship can be cancelled without the sponsored attending in person at the Naturalisation and Residency Department. The wife is entitled to sue her husband for maltreatment. She, however, bears the burden of establishing evidence of her claims. Indian laws will be applicable.

Visa transfer
From: Zenaida M. D'Silva.
I work as a shipping agent in a logistics firm. I am on the company's sponsorship. I would like to be on my husband's sponsorship and work elsewhere. During my visa cancellation, can a ban be avoided if the company gives me a NOC?

A ban stamp is not applicable to those sponsored by their relatives when they cancel or transfer their sponsorship, according to explanatory memorandum of ministerial decision No. 30 of 2001, concerning professionals allowed to get their sponsorship transferred.

A wife is entitled to get her visa transferred with the approval of the employer. She can get her visa cancelled and her husband obtain a visa for her on his sponsorship. The husband must meet legal requirements namely salary and accommodation status.

Marriage
From: Usman Abdullah, Dubai.
I am a Muslim and I have a Muslim girlfriend. Her father does not approve of us marrying. Is there any way we can get married in the UAE without her father's approval? If so, what is the procedure?

Marriage may not be solemnised or valid unless it is with the approval of the bride's custodian - her father, brother or uncle, according to Islamic Sharia.

Remarriage
From: Murtaza, Dubai.
I am a married man and I would like to marry my girlfriend. What is the procedure to get married to a second wife? What happens if I don't get a no objection letter from my first wife? Can I marry my girlfriend?

A Muslim husband has the right to marry up to four wives as long as he is able to do so, provided that he is fair to them all. But marriage may only be concluded with the approval of each wife's custodian regardless of her age.

UAE laws do not require that the first wife agrees to a second marriage of her husband. But some laws stipulate that the husband informs his wife of his intention to remarry and she is entitled under these laws to agree or refuse to continue with her husband.

Marrying convert
From: Saimah Khan, Dubai.
I am a 24-year-old Muslim on my father's sponsorship. I want to marry a Hindu man who has converted to Islam. He converted of his own choice and not to get married. My parents are not in favour of the marriage. How can we get married in Dubai?

Acceptance of a woman's father, custodian or elder brother of her marriage is a must regardless of her age according to the Islamic Sharia. Unless this acceptance is obtained, the marriage may not be solemnised.

Visa validity
From: A Reader, Isle of Man.
I have a valid residence visa and I study in the UK. I have not entered the country for more than six months. I would like to visit the UAE. Can I visit it on the same visa? What is the procedure?

Yes, he can come back to this country on the same visa. Whoever has a valid residence visa in the UAE may stay abroad for more than six months if the reason why he failed to respect the six-month requirement is studying abroad. A certificate proving that the residence visa holder is studying abroad should be submitted to the Naturalisation and Residency Department which will issue a No Objection letter. This letter should be submitted to the airport and airline officials.

Health card
From: A Reader, Jebel Ali.
I am a teacher at a private school in Dubai. I am on my husband's sponsorship. Who is responsible for paying my health card fees?

The sponsor is responsible for paying health card fees. Since the teacher is sponsored by her husband, he and not the school she works for is responsible for paying the fees.

Road accident
From: Chetan S. Gandhi, Dubai.
I was involved in an accident in Sharjah on January 29. Police decided that it was my fault since I banged the other vehicle from the back. The other driver says I have to pay for his repairs (there is a dent on his van's rear bumper and there is a slight dent on my car's front bumper). Both our cars are insured. His garage will take four to five days to fix the damage and he needs his van earlier. He wants it to be repaired by another garage and wants me to pay. Am I required to pay? If so, why?

As long as the insurance contract is valid, the party at fault and his insurance company are jointly responsible for repairing the damaged car. The party whose car is damaged may also get his car repaired and claim the compensation from the insurance company of the driver at fault.

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