Ask The Law - November 7, 2003

Gulf News file Readers questions are answered by Rashid bin Shabib of Rashid bin Shabib & Associates, Lawyers & Legal Consultants


Residence visa for an adopted child
Cherryl Ray in Dubai asks: "Can a single divorced woman adopt a child and reside in the UAE with the child?"
We are not aware of any adoption houses in the UAE. As a divorced woman, and provided your salary is more than Dh5,000, you can sponsor your child or a child that you have properly adopted outside the UAE. In case of outside adoption you will need to provide the authority with official documentation on the same attested at the UAE embassy responsible for the affairs of the country in which adoption was carried out.

Freehold property
Akila Sultan in London asks: "Please tell me if it's possible to buy a freehold property in Dubai and what are the legal implications?"

Yes, it is possible to own a freehold property in Dubai through Emaar or The Palm projects. We advise you to contact Emaar or The Palm for more details or visit them on their websites: www.emaar.com and www.thepalm.co.ae


Working in the UAE
Hitendra Badrakiya in Gujarat, India, asks: "I wish to work in the UAE and would like to know about the rules and regulations for obtaining a work permit in the UAE. Moreover, I would also like to know the rules governing the duration of the work permit in UAE. I would appreciate internet links for this kind of official information."

You can visit the following links for the requested information:
1) www.indembassyuae.org
2) www.meaindia.nic.in/parliament/rs/2002/04/apr18-2719.htm


Labour card description
Ajay D'Almeida in Dubai asks: "I am currently on a residence visa and my labour card says 'shop in charge', even though my job description is that of an office manager. Can I change the designation on the labour card before the three years of work is completed. What is the procedure and cost involved? I have all the certificates required."

Upon the completion of one year, your sponsor can change your designation on the labour card by presenting a petition to the Ministry of Labour requesting the same along with the required certificates.


Labour card for teacher
A Dubai reader asks: "What is the procedure for gaining a labour card for a female teacher who is on her husband's sponsorship. Also please specify the attested documents (for India) which are required as per the recent requirements by the Ministry of Labour and the Ministry of Education and Youth."

Your company has to submit a petition to the Ministry of Labour for issuing you a work permit on your husband's sponsorship. You need to attest your academic certificates before the Ministry of Foreign Affairs in India and submit them for confirmation at the UAE Embassy in India. For further information you can contact the Ministry of Labour.


Retaining of passports
Yuwaraj Jadhav, in Sharjah, asks: "Is there any law which states that passports of the employees should be with the employer? When asked, I was told that employers are holding passports just for safekeeping and there is no such law. Is it acceptable for the employer to retain passports if they are returned on request?"

From the legal point of view, the holder of the passport has the right to keep it and the sponsor is not permitted to keep anyone's passport.


Returning to country
A Dubai reader asks: "I was working with a company in the UAE as a computer data entry clerk before travelling to Europe for medical reason in October last year. My residence visa automatically expired in April 2003. If I want to return to my company in the UAE, what procedure will I need to take to renew my visa? And how can I apply to renew my residence?"

We advise you to send your passport to your sponsor along with the medical reports. Your sponsor will have to approach the Ministry of Labour to cancel your previous labour card and attach the medical reports to his application in order to prevent you from getting a one-year ban. Once the labour card is cancelled, he has to apply for a new work permit in order to proceed with issuing a new employment visa for you.


Marrying a Muslim
Katherine Piescik in the US asks: "I'm in the process of trying to move to the UAE to get married. I have a US passport and would like to know what papers I need to bring with me? I was told I need a letter from my legal guardian giving me permission to marry and a letter saying that I'm a Christian. Must I also take these letters to the US State Department for authentication? Please note that I plan on converting to Islam once I am in the UAE and before I get married to a Muslim man."

If the groom is a resident of the UAE, then the marriage can be carried out in the UAE. If a couple are both Muslim, then they can get married before the UAE Courts. For this marriage the couple will need their passports and the bride will require the consent of a legal guardian.


Avoiding ban
Mathew TM in Dubai asks: "An MBA graduate I know entered the UAE on a company's employment visa a month and half ago and has now been told the company is closing down. He has completed a medical and a labour contract, but the visa stamping process is yet to start. I fear he might get a ban through no fault of his own. Please let me know the procedure for getting him out of the situation without a ban."

As per the provisions of the residence law of the UAE, a work permit should be cancelled once an employment contract is terminated. In such an event no new work permit or entry visa for the purpose of work is permissible to be issued, unless six months has passed from the date of leaving the UAE and one year for housemaids.

This provision is applied to all professions except certain specified categories, including doctors, pharmacists, nurses, qualified administrative personnel and auditors. A person with a master degree is included in one of the said categories and is therefore exempt from the ban.

Nevertheless, an employee who is not included under the said category may transfer his employment visa to a new employer provided he obtains a no objection letter issued by the former employer and submitted to the immigration department requesting an exemption from the six-month ban.