Ensure Peace of Mind: Simplify Wills and Asset Protection for Expatriates in the U.A.E

 UAE expatriates can register a will for their assets in both the Emirates and their home country. This is especially important if you have assets in both locations.  

U.A.E Will

Here's a breakdown of the options:

• DIFC Wills Service Centre: This is a dedicated service for non-Muslims in Dubai and Ras Al Khaimah. It allows you to register a will that covers both movable and immovable assets worldwide.  
• Dubai Courts or Abu Dhabi Judicial Department: These courts can also register wills for non-Muslims.  
• Home Country Embassy/Consulate: If your home country has an embassy or consulate in the UAE, you may be able to register your will through them.

It's crucial to consult with a legal professional to ensure that your will is valid and enforceable in both jurisdictions. They can advise you on the specific requirements and help you navigate the legal processes involved.

Additional considerations:

• UAE's Personal Status Law: This law allows non-Muslims to choose the laws of their home country for matters like marriage, divorce, inheritance, wills, and proof of parentage.  
• Conflict of Laws: If there are inconsistencies between the laws of your home country and the UAE, the laws of the place where the assets are located will generally apply.

What are the relevant laws?

In the UAE, non-Muslim residents can choose to apply the laws of their home country for marriage, divorce, inheritance, wills, and proof of parentage under Article 1 (1) of the Federal Decree-Law No. 41 of 2022 on Civil Personal Status. This law states:

“The provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) of Federal Law No. (5) of 1985 referred to above.”

Furthermore, a non-Muslim may register a will as per their choice under Article 11(1) of the UAE Personal Status Law for Non-Muslims, which states:

“A legator may leave a will with all his or her assets in the state to anyone of his/her choice according to the controls set out by the Implementing Regulations of this Decree Law.”

Additionally, the registration of wills for non-Muslim individuals may be in accordance with the provisions of Law No. 15 of 2017 Concerning the Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai. This includes:

• Article 3 of the Dubai Wills Law: “This Law will apply to all wills and estates of non-Muslims in the emirate, including in the Dubai International Financial Centre.”
• Article 6(a) of the Dubai Wills Law: “A register known as the ‘Register of Wills of non-Muslims’ will be created at the Dubai Courts and the DIFC Courts for the purpose of registering wills of non-Muslims.”

Moreover, Article 9(1) of the DIFC Wills and Probate Registry Rules provides the requirements related to the registration of non-Muslim wills. A non-Muslim resident of the UAE may register their will at DIFC in accordance with the DIFC WPR Rules.

DIFC wills may include the movable and immovable assets of the testator located in any part of the world under Article 11 of the DIFC WPR Rules, which states:

“A will may give or dispose of immovable and movable property, located in any part of the world, to which the testator is entitled at the time of his death, whether the testator became entitled to it before or after the registration of his will, and shall not govern succession to any other property.”

In Dubai, a non-Muslim individual may register their will in Dubai Courts, the Dubai International Financial Centre (DIFC), or the respective embassy/consulate of their home country based in the UAE if such service is provided. The contents of a will to be registered in Dubai Courts or DIFC may include, without limitation, the details of the executor(s) and/or beneficiaries of their investments, properties, jewellery, movable and immovable properties, shares in entities, bank accounts, credentials/passwords for their bank accounts, emails, social media, and other matters based in the UAE or outside the UAE.

Based on the aforementioned provisions of law, you may consider registering a will for your estate both in the UAE and your home country. This can be done through a Notary Public at the Dubai Courts, the DIFC Wills Service Centre, or at your home country’s Embassy/Consulate (if such registration is provided). However, it is advisable to seek advice from an independent legal counsel to further guide you.

 

 

Sharjah Introduces Tenant Protection: 3-Year Eviction Moratorium

 A new rental law announced on Monday mandates that landlords in Sharjah must ratify

Sharjah Ruler Dr Sulthan bin Muhammed AL Qasimi

contracts within 15 days of issuance. The new law addresses the conditions under which a landlord may evict a tenant from the leased property. Additionally, it defines the circumstances in which both parties can mutually agree to terminate their rental contract.

The law issued by Sheikh Dr. Sultan bin Muhammad Al Qasimi, Ruler of Sharjah and Member of the Supreme Council, specifies the conditions for eviction as follows:

1. Eviction Restrictions:
• Landlords cannot request tenants to vacate the leased property before the expiry of 3 years for residential use and 5 years for commercial, industrial, or professional use. Previously, landlords could ask tenants to vacate the property with a three-month eviction notice after getting permission from Sharjah Municipality.

The new lease law applies unless one of the following reasons is available:

A. If the tenant does not pay the rent or any instalment thereof within 15 days from the due date.

B. The tenant’s violation of any of his legal or contractual obligations and failure to remove the violation within 30 days from the date of notification by the landlord.

C. If the tenant assigns all or part of the lease contract or re-rents all or part of the leased property in violation of the provisions of this law and its executive regulations, without prejudice to the provisions of the transfer of ownership of the commercial premises stipulated by law.

D. If the tenant uses the rented property or allows others to use it for a purpose other than that specified in the lease contract or in violation of its terms or uses it for purposes that conflict with public order or public morals.

E. If the landlord wishes to demolish the rented property, rebuild it, or carry out comprehensive maintenance that makes it impossible for the tenant to be present in the property, in accordance with the conditions specified in the executive regulations of this law.

Meanwhile, if the landlord wishes to occupy the rented property for the purpose of residence for himself or one of his first-degree adult relatives, provided that the following occurs:

A. He shall not own another property suitable for housing within the municipality’s jurisdiction.

B. Notifying the tenant of the eviction request within a period of not less than three months from the date set for the eviction.

C. That the landlord himself or one of his first-degree adult relatives actually occupy the leased property within two months after it has been vacated by the tenant and for a period of one year without interruption.

2. If the landlord does not comply with the conditions outlined in paragraph E of this article, the tenant shall have the right to claim compensation for the damage he suffered as a result of the eviction before the centre.

The law states that if the landlord refuses to accept the rent payments or does not specify a location for payment, the tenant can deposit the rent or instalment with the designated centre, as long as he/she follows the guidelines in the law's executive regulations. In case the landlord or tenant hasn't agreed on the method or date of payment, or if proving such an agreement is difficult, rent will be paid in four equal instalments spread throughout the lease term.

Termination of Contract

The new law also defines the termination of the rental relationship as follows:

1. Transfer of Ownership: The rental relationship does not end, and the tenant is not harmed by the transfer of ownership of the leased property to a new owner, regardless of the method or reason for its transfer. The new landlord cannot request the tenant to vacate the property or increase the rent except under the provisions of this law and its executive regulations. The new lessor replaces the previous lessor in all rights and obligations of the lease contract.
2. Death of a Party: The rental agreement does not automatically end if one of the parties dies, except when the tenant dies and their heirs request to terminate the contract. In such cases, the contract can only be terminated 30 days after the landlord is notified or when the contract naturally expires, whichever comes first.
3. Early Termination by Tenant: For fixed-term rental contracts, a tenant may request early termination if they can prove that unexpected or exceptional circumstances have made it difficult to fulfil their obligations. If the landlord refuses this request, the tenant can take the matter to the relevant authority, which will then evaluate the situation. If the contract is terminated early, the tenant must pay the landlord at least 30% of the rent for the remaining contract term, unless both parties agree to a different arrangement.

Rent Increase

1. Initial Period: Landlords cannot increase the rent until three years have passed from the start of the rental agreement unless both parties mutually agree to a change. If a tenant accepts a rent increase within those three years, the landlord cannot raise the rent again for another two years.
2. Fair Rent Value: After the initial period, any rent increase must reflect the fair rent value, as determined by the law’s executive regulations, outlining how to calculate this fair rent. The governing council may also amend these time frames through a formal decision.

I hope this helps! Let me know if you need any further details 

Expats -Unlock New Opportunities: U.A.E Amnesty Period Starts September 1

 When is the amnesty period?

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The amnesty period, which exempts violators from financial fines and administrative restrictions, will commence on September 1, 2024, and will last for two months.

From left: Major General Sultan Yusuf Abdul Rahman Al Nuaimi, Director-General of Residency and officials

Who can benefit from the amnesty?

1.    Residency Violators: Individuals holding a residence permit in the illegal residence category after the grace period has ended, or whose permits have expired or been canceled.

2.    Visa Violators: Individuals holding a visa after the specified period of stay has ended.

3.    Absconding Cases: Those listed in the administrative lists of ‘Report of Interruption of Work’.

4.    Foreigners Born in the Country: Those whose guardians have not confirmed their residence within four months from the date of birth.

Who is not eligible for the amnesty?

1.    Residence and visa violators after September 1, 2024.

2.    Those on the list of work interruption reports (absconding) after September 1, 2024.

3.    Deportation cases – individuals deported from the country or the Gulf Cooperation Council (GCC) countries.

Benefits of the Grace Period

1.    Exemptions from Fines:

o   Administrative fines for illegal stay.

o   Establishment card fines.

o   Identity card fines.

o   Fines for not providing the Ministry of Human Resources and Emiratisation (MOHRE) with an employment contract.

o   Fines for not renewing an employment contract with MOHRE.

2.    Exemption from Fees:

o   Residence and visa cancellation fees.

o   Work interruption report filing fees.

o   Departure fees.

o   Residence and visa details fees.

o   Departure permit fees.

3.    No Entry Ban:

o   Violators can leave the country after settling their status without any administrative restrictions that prevent their return, and without a ban stamp.

How to Apply

Applications for the amnesty can be made through the ICP website (icp.gov.ae). You will only need to visit a service center once you receive a message for registering your biometric data.

Fingerprinting/Biometric Requirements

If you wish to leave the country, there are two scenarios:

1.    If you have previously completed biometric fingerprinting, a request for an exit permit is submitted, and the permit is issued directly.

2.    If you have not completed biometric fingerprinting, you will be directed to a specified fingerprinting center (for those aged 15 years and above). The procedures will be completed, and the exit permit will be issued.

Approved Biometric/Fingerprinting Centres

·       Abu Dhabi: All service centers with biometric fingerprint capture devices in Al Dhafra, Sweihan, Al Maqam, and Al Shahama.

·       Dubai: Al Aweer Service Centre.

·       Other Emirates: All service centers with biometric fingerprint capture devices.

Duration of the Exit Permit

The exit permit is valid for 14 days, within which you must exit the country. All previous fines and restrictions will be reinstated if departure is not possible within the deadline or if the permits expire outside the specified exemption period.

Does the amnesty include people who entered the country illegally?

No, the amnesty does not include infiltrators. They must review their case with the Department of Residency and Foreigners Affairs.

How to Apply for the Amnesty

You can apply for the amnesty through the ICP website (icp.gov.ae). You will only need to visit a service center once you receive a message to register your biometric data.

Fingerprinting/Biometric Requirements

If you wish to leave the country, there are two scenarios:

1.    Previously Completed Biometric: If you have already completed biometric fingerprinting, you can submit a request for an exit permit, which will be issued directly.

2.    Biometric Not Completed: If you have not completed biometric fingerprinting, you will be directed to a specified fingerprinting center (for those aged 15 years and above). Once the fingerprinting procedures are completed, the exit permit will be issued.

Approved Biometric/Fingerprinting Centres

·       Abu Dhabi: All service centers with biometric fingerprint capture devices in Al Dhafra, Sweihan, Al Maqam, and Al Shahama.

·       Dubai: Al Aweer Service Centre.

·       Other Emirates: All service centers with biometric fingerprint capture devices.

Duration of the Exit Permit

The exit permit is valid for 14 days, within which you must exit the country. All previous fines and restrictions will be reinstated if departure is not possible within the deadline or if the permits expire outside the specified exemption period.

Does the Amnesty Include People Who Entered the Country Illegally?

No, the amnesty does not include infiltrators. They must review their case with the Department of Residency and Foreigners Affairs.

Where can I go to raise inquiries?

If you need assistance with your visa status, you can reach out to the ICP through the following channels:

·       ICP Call Centre: 600 522222

·       Live Chat: icp.gov.ae

·       Amer Call Centre (for Dubai): 800 5111

·       MOHRE Call Centre: 600 590000

·       Social Media: Any of the social media channels of the ICP or the General Directorate of Residency and Foreigners Affairs Dubai (GDRFAD).

What happens if I am unable to settle my status within the specified period?

The law will be applied, and fines and fees will be imposed on violators who do not settle their status within the specified period.

What kind of services will be provided to violators during the period of correction of status?

During the amnesty grace period, the following services will be provided:

·       Issuing an exit permit.

·       Renewing a residence permit.

·       Issuing a residence permit for newborns (born in the country).

·       Issuing a new visa (work or residence).

·       Adjusting the status of a valid visa.

·       Issuing a residence permit for visa violators (work or residence).

What are the working hours during the grace period?

The working hours at the service centers where biometric fingerprints are registered will be extended. The working hours will be from 7 am to 8 pm.

How will violators who were born in the UAE be dealt with?

·       In the event of departure: A unified number will be created, and an exit permit will be issued with exemption from fines by the executive departments based on a request in the smart system using a passport or travel document.

·       In the event of a status change: Fines will be exempted based on a request submitted to the smart system to confirm the residence under the sponsorship of the head of the family or the employers and the guarantor, provided that the request is processed in the smart system by the executive departments.

How is the situation of a violator who has traffic violations and vehicle licensing settled in the event of departure?

The violating owner who wishes to leave is directed to give up the vehicle before the departure takes place.

Some violators have lost their passports. How will such cases be dealt with?

Violators who have lost their passports must follow the process:

·       For GDRFA - Abu Dhabi: A request is submitted through the smart system, and the violator is given a copy of residency details and a certificate stating that the passport is lost to obtain a travel document. The travel document issued by embassies and consulates is also relied upon for violators wishing to leave the country, provided that the data matches the data of the copy of residency details.

·       For GDRFA in other emirates: Report the loss through the General Command of the Police, according to which the travel document is issued.

If the head of the family is wanted or in violation of the visa regulations and the family members are in violation, how are their statuses settled?

Family members are allowed to leave the country or adjust their status, as per the circumstances.

Family Departure and Status Adjustment

If the head of the family wishes to leave with his family, the residencies of the family members will be canceled, allowing them to depart. However, if the family members, such as children, wish to adjust their status, they can transfer their sponsorship to the mother if she is employed, or meets the conditions for a work visa according to the current procedures.

If the head of the family benefits from the visa issuance service, the residencies of the family members under his sponsorship will not be canceled.

Expired Exit Permit and Banned List

If a violator’s ordinary exit permit has expired and they have been placed on the banned list before the amnesty, they must visit the Department of Residency and Foreigners Affairs to settle any outstanding restrictions and close their entries. After this, they can submit a request to either remain in the country and adjust their status or arrange for their departure. In this scenario, fines will be waived, and restrictions and entries will be removed. The amnesty beneficiary will be allowed to leave the country without a ban stamp if they choose to do so.

Regulations for Violating Partners and Investors

A violating partner or investor must complete procedures related to canceling the establishment in accordance with the ICP’s regulations before submitting a request to leave the country.

Adjusting the Status of a Family with a Wanted or Violating Head

For violators who have lost their passports, the following procedures apply:

1.    Departure of Family Members:

o   Family members are allowed to either leave the country or adjust their status, depending on the situation.

o   If the head of the family chooses to leave the country with the family, the residencies of the family members will be cancelled, and they will be permitted to leave.

2.    Status Adjustment for Family Members (Children):

o   If family members, such as children, want to adjust their status, they can do so by transferring their sponsorship to the mother, provided she is employed, or by meeting the conditions for a work visa according to the procedures outlined in the relevant guide.

3.    Visa Issuance Service for the Head of the Family:

o   If the head of the family benefits from the visa issuance service, the residencies of the family members sponsored by him will not be canceled.

Adjusting the Status of Violators Sponsored by Troubled Companies

For violators who have lost their passports, the following procedures apply:

1.    Adjusting the Status of Violators Sponsored by Companies Without Restrictions:

o   The status of violators under the sponsorship of companies that have no restrictions can be adjusted according to the procedures outlined in the relevant guide.

2.    Adjusting the Status of Violators Sponsored by Troubled Companies:

o   If violators are affiliated with troubled companies that have restrictions, their status can be adjusted by the ICP.

o   In cases where violators face challenges in adjusting their status through MOHRE, the executive departments will coordinate to facilitate the adjustment of their status.

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I hope this helps! If you need any further adjustments or additional information, feel free to let me know.

 

Breaking: Heavy Fines for UAE Employers Who Violate Labor Laws

 A new federal decree-law has been issued, amending existing regulations and imposing fines of up to Dh1 million for various offenses.

Key Violations and Penalties:

• Employing workers without permits or providing jobs: Fines ranging from Dh100,000 to Dh1 million.
• Closing a business without settling worker rights: Fines ranging from Dh100,000 to Dh1 million.
• Fraudulent labor practices: Criminal penalties for actions like fictitious Emiratization.

Key Changes:

• Steeper Penalties: Employers face fines ranging from Dh100,000 to Dh1 million for offenses including:
• Employing workers without valid work permits or providing jobs
• Closing businesses without settling worker entitlements
• Engaging in fraudulent labor practices like fake Emiratization
• Employing minors illegally
• Circumventing labor market regulations
• Settlement Options: The Ministry of Human Resources and Emiratization can now negotiate settlements where employers pay half the minimum fine and reimburse government incentives obtained through fraudulent practices.
• Criminal Charges: Criminal proceedings for fake Emiratization can only be initiated by the Ministry or its authorized representative.
• Dispute Resolution: Labor disputes will primarily be handled by the Court of First Instance, streamlining the process.
• Statute of Limitations: Claims related to employment termination must be filed within two years.

Aim of the New Law

These amendments aim to enhance labor market efficiency, protect worker rights, and deter illegal practices. By clarifying regulations and imposing stricter penalties, the UAE seeks to create a fairer and more competitive employment landscape.

Would you like to know more about a specific aspect of the new law or its potential impact on businesses?