Ask The Law - November 14, 2003

Gulf News file Readers queries answered by Dr Mohammed Khalifa Al Mualla of International Legal Consultancy.


Certain categories of professionals are allowed to work till 66 years

Applications for age limit exemption should include duly attested degree and experience certificates

Many readers sought to know about the retirement age for expatriate workers and professionals. Are they allowed to continue service until the age of 66 years?

Work permits for expatriates who reached 60 years of age may not be renewed, according to Ministerial Decision No. 141 of 1999.

Certain categories of professionals are exempted. These include engineers, doctors, pharmacists, nurses, school teachers, auditors, lawyers, technicians who operate electronic equipment, laboratory technicians, sports coaches, workers of private oil companies, media professionals and consultants in all fields. They will be allowed to continue service until 66.

Applications seeking exemption from the age limit condition must be supported by duly attested degrees and experience certificates held by those professionals who will be recruited or whose work permit needs to be renewed.


Marrying a visitor
Qadeer Ahmed asks: "I am a stateless person, with all the legal documents given by the government. As of now I still haven't received a passport to travel to any other country, but I want to get married to one of my sister's divorced friend who is on a tourist visa. Her mother, meanwhile, has no objection to me marrying her. Is it possible to get married to someone who is on a tourist visa as it is really difficult for me to travel to her country and for her to get a residence visa, is there anyway it could be sorted out?"

In this respect the couple has to obtain a valid UAE residency visa to be able to get married under UAE Laws.


Sponsoring parents
A reader asks: "My husband earns a net salary of Dh3,600 per month and I am on his sponsorship and earning a net salary of Dh4,900 per month. In this case can I sponsor my widowed mother who is currently in India."

The minimum salary required to sponsor your parents or your mother or father by law is Dh6,000.


Visa cancellation and ban
A Dubai reader asks: "I am a pharmacist and work in a pharmacy in Dubai. If I cancel my visa from my current sponsor, will I get a six-month ban? Do pharmacists come under exempt categories under the rule for the six-month ban?

Yes, pharmacists are among the professions who are exempt from the six-month ban. Work permits must be cancelled once an employment contract is terminated.

In this case no new permit or entry visa for the purpose of work can be issued.

It can only be done after six months has passed from the date the worker has left the UAE and this is one year for a domestic worker.

This provision is applied to all except for certain categories specified in the law, including doctors, pharmacists, nurses, auditors and others. Other categories will get a six-month ban.


Sponsoring wife
Zulqarnain Rashid, Dubai asks: I am from Pakistan and my wife has German nationality. We married in Pakistan on January 1. At the time of marriage she was 16 years and 11 months and I was 21. We were married according to the marriage rules prevailing in Pakistan. She is also my uncle's daughter. We have an attested marriage certificate from the foreign office of Pakistan. Currently I am working with a publishing house in Media City here as Graphic Designer and my salary is Dh4,000. I want to sponsor my wife on residence visa. Now her age is 17 years and seven months. So can I sponsor her? Is there a way to bring her here as German national. Are there any age restriction?

As you are legally married in your country and have your marriage certificate duly attested, and that your salary is within the limits required to sponsor your wife, you can sponsor wife on your visa.


Cancelling visa
S. Kumar in Dubai asks: "I have been working in the UAE for the past two and a half years. As my company lost a contract, I am now working under another company with a release for six months. I hold a diploma in electronic engineering and completed a year of training in biomedical engineering in order to work as a biomedical engineer with an engineer's visa from Abu Dhabi. I want to transfer my visa to this new company, but I don't know whether I will get a full release? If I cancel my visa and gain a no objection certificate from my sponsor can I be sure that the immigration department will not stamp 'no entry' at the airport?"

You cannot transfer your visa to the new company. Alternatively, you can cancel your labour card and then the company you are working with would have to apply for a new work permit. Once issued, you can proceed with the cancellation of the old visa without having a ban.


Away studying
Sara Singh, Dubai asks: "My daughter, who is under my sponsorship, has a residence visa valid till May 2004. She left Dubai in April 2003 and is now studying in a college in India. She will not be able to come here every 6 months, but would like to come to Dubai for her holidays in April 2004. Please let me know the formalities/necessary documents she will require when she lands in Dubai. Will she be able to use her residence visa, or will I have to sponsor her on a visit visa?"

If your daughter cannot enter UAE within six months time, her residence visa stands automatically cancelled and she cannot enter the country with her residence visa. You need to get her on a visit visa.


Leave salary
Rajesh Agrawal, Abu Dhabi asks: "I am working with a Construction company in Abu Dhabi, I went on my first annual vacation after 1 1/2 years from date of joining. I got an increment in my salary after nine months only. I want to know whether I am eligible for my leave salary based on old salary or new salary or on pro-rata basis?"

You are eligible for your leave salary based on the new salary that you received from your company.


Single mother
A Dubai reader asks: "If a single mother wants to live in UAE with her kids what is the requirement?"

For a woman to be able to sponsor her kids, she should firstly be employed in the UAE holding a valid residence visa. She should be employed in specific fields like medicine or teaching or other professions which are deemed by the authorities as rare.


Buying villa
S.Ibrahim, UK asks: "Can you please tell me if I can buy a villa in Dubai as a British citizen? Also would I be able to get a residence visa?."

Yes, a British citizen can buy a villa in Dubai. If you are buying a villa from one of the investing companies like Emaar, they will arrange for your residence visa too.