Ask The Law - November 1, 2002

Readers' questions answered by Advocate Samir El Azrak of Abdul Rahman Al Muttawa & El Azrak, Advocates and Legal Consultants


New job
From: Milesh S.R., Sharjah
I worked for five months as a civil engineer in a construction company. The sponsor wants to close down the company and cancel my visa. Is there any chance of working in the UAE as a civil engineer? What are the chances of working elsewhere without getting my visa cancelled?

Yes, the reader may take on another job as a civil engineer without a ban stamp if his employment contract and visa show his job as being as that of an engineer. On cancelling his visa, the reader should submit the contract and his degree certificate to the immigration authorities and the Ministry of Labour and Social Affairs particularly since the termination of his service is caused by the employer and the closing down of the company and not by him.

Business venture
From: A Reader, Dubai
My wife is on my sponsorship and would like to start a business from home. It may at some time expand into a more commercial venture. Can this be done on her present visa status or does she need to get a local partner and formally register the business? If so, how much will it cost and how long will it take?

The reader did not mention the type of business or services she plans to offer. She should approach the municipality and the economic department to get to know the regulations and requirements for obtaining a licence. This will save her any trouble caused by being involved in illegal practices.

Sponsoring uncle
From: Benjamin Joseph, Dubai
I have an old, ailing and unmarried uncle in the U.S. I would like to bring him to Dubai to take care of him. I earn a salary of Dh7,100 per month. Can I sponsor him on a residence visa?

An application should be submitted to the Naturalisation and Residency Department which may endorse the reader's request to sponsor his uncle on humanitarian grounds.

Single woman
From: Javeria Ahmed, Canada
Is it possible for a single female to work and live in Dubai? I have heard that single females are not allowed in Dubai. Is this true?

If the reader has the qualifications required for a teacher's job and obtains an employment visa, she will be able to stay in the country. Being a single woman, widow or otherwise is irrelevant.

Driving licence
From: F. Selhami, Dubai
My wife has a residence visa and a Russian driving licence as well as an international driving licence. Can she drive our private car or a rental car in Dubai?

As long as the reader has a valid residence visa, she can apply for a driver's licence. Her Russian and international licences will help cut short the tests she will have to undergo to obtain a UAE driver's licence.

Buying shares
From: Vijay Parab, Dubai
I am an expatriate. Can I buy shares of UAE companies? If yes, how?

Foreigners can buy shares in certain companies in the UAE. Other companies, such as Etisalat, are open only for UAE nationals.

Jobs in UAE
From: Zeinab Amour, Kenya
I am a Kenyan lady interested in coming to work in the UAE. To do so, I understand that I must come to the UAE, get a job, return to my home country and wait for my visa. This will be expensive and time consuming. Is it possible for me to remain in the UAE while my visa is being processed?

No, the reader must leave the country and come back on the new visa. But she can stay all through the period of the visit visa regardless of whether the employment visa is processed on time or delayed.

Workers' issue
From: Asad Shafiq, Ajman
I am an expatriate owner of one firm and a partner of another firm. Can employees from one of my firms work in the other one also? If so, please quote the relevant article number of the labour law.

Yes, workers sponsored by a company may work for a certain period with another company owned by a partner in the first company. The partners should obtain approval from the Ministry of Labour and Social Affairs. The Labour law does not cover these issues as they are related to sponsorship.

Importing car
From: Naeem Akhtar, Dubai
Can a resident of the UAE import a used car from the U.S. for his personal use? What is the procedure? Which department should be contacted?

Yes, an expatriate may export a car for his/her own use as long as it is brought into the country from a legal port with legal documents and the custom duties are paid.

Unpaid cheques
From: A Reader, Dubai
We gave someone three cheques and the beneficiary tried to encash them after six months. During this time the bank closed our account and, therefore, the cheques have been returned unpaid with the note 'account closed'. Are we legally guilty for the bouncing cheques?

A person who issues cheques and has his/her bank account closed before these cheques are cashed, is liable for the bad cheques. Closing the account establishes evidence of the bad faith and the six months period is not the legal time of limitation. Sufficient funds must be kept in the account until the cheques are encashed. If the time of limitation lapses, the issuer of a cheque must issue a new cheque to the beneficiary.

Job transfer cost
From: Sanjay Waghmode, Dubai
In the case of a job transfer, who pays the cost of the transfer, the employee or the new employer?

In the event of sponsorship transfer, the worker and not the new employer bears the charges.

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