Ask The Law - May 31, 2002

Visa cancellation
From: Bhavesh Upadhyay, Romania.
I have been working for a multinational company in the UAE for four years. I was first posted in their Qatar operation and have since been transferred to Romania. Before I moved, the company got me a UAE visa. My visa will expire if I don't enter the country for six months.

If the company decides to cancel my UAE visa, how many months ban do I get? What happens if they do not cancel my visa?

The reader should demand his end of service benefits and that his visa be cancelled legally. In this case, a six months ban will be imposed since the worker did not violate the labour laws.

Being unable to come back to abide by the six months criteria, your visa will be regarded as expired. So you better get it cancelled, and if you want to return to this country you should obtain a new visa.

Noisy neighbour
From: Sabah A. Jasim, Sharjah
I live in an apartment in Sharjah. Every day from 2am, my neighbours start moving furniture, screaming (husband and wife fight and children cry) and bang on the wall. They do not let my family and I get sleep. I have been complaining to the management of the apartment for three months. They have sent warning letters and phoned them many times, but they continue to make noise at night. What is my legal situation? Is there any legal action I can take against my neighbours?

A complaint should be submitted to police to establish evidence on the inconvenience caused by the neighbours.

On gaining evidence, police will order the neighbour to sign a warrant not to cause any more disturbance or face legal action.

Cancellation
From: S. Balamurugu, Bahrain
I live in Bahrain. I was in Al Ain three years ago. I did not cancel my UAE visa. How do I cancel my UAE visa from Bahrain? I resigned from my job in the UAE.

A request should be submitted to the Residency Department to cancel the residence visa. The request should spell out the reasons why the reader was unable to get the visa cancelled on time.

Trade licence
From: Valerian Mathias, Sharjah
We filed a court case against our partner to terminate his partnership. Since the partner was not ready to negotiate, the court liquidated the company. We have now received a letter from the court that the case is over and we can proceed with the trade licence according to the municipality's rules. When we enquired at the municipality, they told us that the old licence cannot be renewed. We had to get a new one.

If we get a new licence, what are the procedures with regard to the visa? Can I transfer my visa to the new licence as my family is in the UAE and my visa has already expired due to the prolonging of the case?

The licence should be cancelled after the liquidation of the company. A new company of the original business or another business can be opened in accordance with the companies law.

After obtaining a licence for the new company, the reader can transfer his sponsorship to it. He can also sponsor his family if he meets legal requirements.

Dud cheque
From: A Reader, Sharjah
We are a trading company. One of our customers has issued us a cheque from his brother's account who is now in the U.S. He is still running his business. His cheques are bouncing and despite several reminders, he is not paying us our money. Is there any legal way to get our money?

After obtaining a notice from the bank that there are no sufficient funds to cash the cheques, the payee can submit the cheque along with the notice to the police.

A case can be filed against both the issuer of the cheques and the payer who owns the bank account. The payee should demand that they jointly pay the debt, legal interest and legal charges.

Absconder
From: A Reader, Dubai
I own a textile trading company. Where and how do I report an employee who has been absconding for more than three months? His passport is with me.

The absconder should be reported to the Ministry of Labour and Social Affairs. The last known address of the absconding worker must be given to the the ministry. The worker will be chased and on his arrest he will be deported.

The employer must submit an air ticket along with the report.

Adoption
From: Mrs Sury, Dubai
We don't have children. We want to adopt a baby boy. Is there any place in Dubai/UAE where we can adopt a child, and what are the requirements for doing so?

There are no regulations or laws that organise adoption as it is illegal in the UAE.

Paternity suit
From: Ms Confi, Sharjah
My friend made the mistake of becoming friends with an Arab man in the UAE who forced himself on her. My friend got pregnant and delivered the baby in the UAE.

Can she go after the man to stand up to his responsibilities? What could be the consequences if she does go after the man, who is married under Sharia law? My friend would like to file a case for the recognition of the baby as his child and as the grandchild of his parents.

What course of action can she take in order to get justice for what has happened to her and for all the damage caused her?

A case can be filed with the court to establish the parental relationship. The parental relation can be established by all legal means, including testimony and DNA tests.

A complaint can also be submitted to police who will refer the case to the prosecution. Investigations may cause the two to be tried for being involved in an illicit relationship or the man being sued for rape.

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