Dubai rejects Kenya’s bid to end visa row

By KEVIN MWANZA Business Daily

Kenya’s bid to settle a month-long diplomatic row with the United Arab Emirates (UAE) over new visa rules appears to have flopped, signalling that thousands of traders will remain locked out of their most popular source market for imported consumer goods.

A statement posted on UAE’s government website said that the visa issue was not part of the agenda of the talks with a team of Kenyan diplomats that visited Dubai early this week, suggesting that no agreement had been reached on the matter.

“The visit by Kenya’s Foreign minister was to discuss bilateral relations between the two countries. It has absolutely nothing to do with the false media reports on (deportation of UAE officials),” said the statement signed by Sultan Al Qurtasi Al Nuaimi, a director of Consular Affairs at UAE’s Foreign ministry.

When they left for the UAE, the team of diplomats, led by Foreign Affairs minister Moses Wetangula, had placed the new visa conditions that bars non-graduate Kenyans from visiting the emirate top on their agenda.

UAE government’s position gained credence on Wednesday after the Kenyan delegation failed to send a statement they had promised on the outcome of the talks.

Instead, Mr Wentangula flew out of the emirate for China where he joined President Kibaki who is on an official visit to Shanghai.

The Foreign Affairs ministry’s silence means that Dubai continues to uphold its new visa rules, putting at risk the livelihoods of Kenyan importers of goods such as electronics, textiles, household goods and industrial products from the free port city that was valued at Sh113 billion last year.

It could also hurt the flow of more than Sh300 million in monthly remittances or 10 per cent of the country’s total monthly remittance from Kenyans working in UAE and whose jobs are now on the line.

Sultan Al Qurtasi said that the degree requirement was introduced to regulate the flow of Kenyans to the Emirate, refuting claims that it was in retaliation for a recent deportation of the UAE citizens.

The degree directive is only applicable to Kenyan citizens, according to the website.

Kenya’s Foreign Affairs ministry officials on Thursday said they had no fresh information on the minister’s trip to UAE, adding that Mr Wetangula and his permanent secretary had moved from Dubai to China.

The volume of trade between the two countries has tilted in favour of UAE as Kenya’s imports stood at Sh113 billion in 2008 compared to exports of Sh7.5 billion.

“Dubai is the one of the largest destination for Kenya’s human resource export and also a major source of cheap products for both local consumption and re-export to other countries in this region,” said Dr Mukhisa Kituyi, former Trade minister.

About 36, 000 Kenyans are currently working in the UAE, notably in the construction and hospitality industries, according to the immigration ministry.

Exporters of commodities have begun to feel the pinch of the spat.

“Some of my business associates who deal in spare parts and sell refurbished vehicles from Dubai have been hit badly by the directive as they can’t get more stock for their business and have to source from Singapore or Japan,” said Mr David Kinyanjui, a car dealer in Nairobi who frequently travels to Dubai for business.

But Mr Kinyanjui is not alone. The same story is repeated by electronics, textiles, household goods importers interviewed.

“I’ve been forced to use other people who have degrees to sources for my goods from Dubai because I don’t have a degree my self,” said Mr Ben Kimeu, a computer accessories dealer at the Jamia Mall in Nairobi. “This has cost me a lot in terms of not getting the right quality of equipment and delays of up to a month. I used to restock every week, but now I have to do it once every month,” said Mr Kimeu, adding that he has lost between Sh800, 000 and Sh1.5 million in the three weeks the new visa requirement has been in effect.

Already, Kenyans working for UAE companies such as Emirates Airlines have been asked to comply with the directive, in a move that has placed some jobs on the line.

Some analysts have been arguing that severed relations with the UAE is not going to affect the country as much on the basis that the volume of trade between the two countries is unfairly tilted in favour of UAE, while Kenya can still get sources for its imports from the other countries in the Asian region.

The total volume of trade last year between the two countries stood at Sh100 billion mostly re-exports to countries such as Uganda, Rwanda and Congo a huge chunk of which entailed electronics and clothing.

Imports from UAE to Kenya include refurbished motor vehicles, petroleum products, beauty products, Jewellery, IT accessories, iron and steel, resins and plastics.

Kenya seeks end to visa row after Dubai rulers expelled

Kenya's foreign minister is in Dubai to defuse a row after members of the Gulf state's ruling family were deported as terror suspects.

The four were on holiday from Dubai in Kenya's resort of Mombasa over Easter, when immigration officers interrogated them for hours before expelling them.

The United Arab Emirates responded by tightening visa requirements - and only accepts Kenyan university graduates. The ban has hit many traders, who usually buy their goods from Dubai.

The BBC's Ruth Nesoba in Nairobi says second-hand cars and fabrics from Dubai are particularly popular with Kenyan businessmen.

Kenyan Foreign Minister Moses Wetangula and his delegation of officials arrived in the UAE on Monday but the talks were deadlocked and so they have been extended.

Last week, deputy foreign minister Richard Onyonka apologised on the BBC's Swahili service for the "stupid mistake" of the officials.

Kenya's Standard newspaper reports that some 37,000 Kenyans live in the UAE, mostly Dubai.

Labour law violations is criminal offence -The Ministry of Labour U.A.E

The Ministry of Labour yesterday said that any violation of the text of the labour law is a criminal offence that merits punishment starting from suspension of a company's licence and fine to referral to the Public Prosecution.

The ministry acted in response to a complaint by an Asian worker during the Open Day, presided over by Acting Director-General Humaid bin Deemas.

The worker said she was asked to choose either termination of services or reduction of her salary to Dh1,500 from Dh2,500 as promised in her contract.

Bin Deemas told the worker she had the right, in case she refused the cut in her salary, to move to a job elsewhere. The ministry will give her a temporary permit to help find a new job, said the official. The ministry will also ensure the worker's former sponsor is made to give her everything that is hers by right, he added.

UAE only country to pass legislation to give workers a better deal in Mideast

Former U.S President Bill Clinton hailed the progress made by the United Arab Emirates on protecting the rights of expatriate workers, empowering women as well as on clean energy and environmental protection.

Speaking on the situation in the Middle East in a interview with ABC News on April 18th, the current situation in the Middle East, Clinton said the UAE "is the only the only country with huge amounts of imported workers that's actually passed legislation to give these immigrant workers a better deal in the Middle East." "They've got women in the government. They have a joint public-private decision making process," the former U.S president added.

Clinton also noted the UAE's successful bid to host the headquarters of the International Renewable Energy Agency, or IRENA, in Abu Dhabi and the emirate's plans to build Masdar City, the world's first carbon neutral city.

"UAE wins the international competition for the clean energy agency. And they're going to build a carbon neutral city in the UAE," he said. – Emirates News Agency, WAM

Kenya moves to resolve visa row with the UAE

NAIROBI, Kenya, Apr 21 - President Mwai Kibaki has now ordered Foreign Affairs Minister Moses Wetangula to travel to Dubai and resolve the visa row between the two countries should the mission in Abu Dhabi not sort it out by Friday.

Mr Wetangula assured the country on Wednesday that he was in constant communication with United Arab Emirates officials and was working to have the new requirement for Kenyan visa applicants traveling there to possess degrees scrapped.

The Minister who spent hours in a meeting with the President earlier in the day said that in the last two days he had secured the issuance of pending work permits for Kenyans and renewal of those that had expired.

“I want to give an assurance that Kenyans who work in Dubai are under no threat of losing their jobs. Our mission in Abu Dhabi has been following the matter very successfully,” he said.

The new requirement is a retaliatory move by the United Arab Emirates after Kenyan authorities arrested and deported four of its citizens on suspicion of being terrorists. There were reports that some of the suspects arrested were from a royal family in the UAE.

“I don’t want to call this a crisis as it has been referred. It is an incident borne out of another incident which we have overcome by now and we want to move on into the future,” Mr Wetangula said.

It is estimated that over 36,000 Kenyans work in Dubai in the hospitality and construction industries. Thousands others frequent the free port city on business trips. Since the introduction of the new rules dozens of business people have been denied visas to travel there.

Many Kenyans pass through the country while heading to other parts of the world.The Minister confirmed that in the last two weeks two ministers and dozens of Members of Parliament had also been denied visas.

The business people especially in the textile industry have complained that they are losing millions of shillings in the crisis.

“For the business people who travel regularly I can only give you an assurance that the matter is in the hands of government and our counterparts across the Red Sea are fully committed to a very sound relationship between us.”

New UAE visa regulation for Kenyans

A new visa regulation set by the United Arab Emirates (UAE) requires citizens from Kenya to have at least a bachelor's degree to travel into the Arab country. 

According to the new regulation, even Kenyan transit passengers will be detained at UAE airports if they fail to prove that they have at least a bachelor's degree. 

"It is unfair for the Dubai government to punish all Kenyans over this misunderstanding," the chairman of Parliament's departmental committee on Foreign Relations and Defense, Aden Keynan, said on Tuesday.

"Mr Wetang'ula and his team must be proactive in their dealings with such crucial trade partners so that such hitches do not occur,” he added. 

The UAE's new visa regulation took effect just four days after the UAE Foreign Minister Sheikh Abdullah al-Nahayan met with Kenya's high-ranking officials, including the Kenyan President Mwai Kibaki and the country's Foreign Minister Moses Wetang'ula. 

The exact reasons for the new move are still unknown. However, Mr. Keynan said it was in response to the deportation of UAE nationals touring Kenya. 

About 36,000 Kenyans are currently in Dubai for work and business purposes while others use the Arab state as a transit route to other Middle East countries. 

Qatar's plans to scrap its visa-on-arrival facility for nationals of 33 countries has been delayed

Qatar's plans to scrap its visa-on-arrival facility for nationals of 33 countries has been delayed.The old system will remain in place despite the Gulf state announcing new rules earlier this month which were set to be introduced on May 1.

Under the regulations, the nationals of 33 countries, including the US, UK and expat residents of the GCC, would have to apply for a visa prior to arrival in Qatar.

But media in Qatar reported on Monday that the move had been delayed after Qatar’s Foreign Ministry received requests from some countries to continue with the old system and allow their nationals time before the new entry visa rules are enforced.

According to Qatar News Agency (QNA), a source at the Consular Affairs Section of the Foreign Ministry said that the requests of these countries were being studied.

“It has, therefore, been decided that the existing visa-on-arrival scheme at the Doha International Airport for the citizens of the 33 countries will remain unchanged,” QNA quoted a senior Foreign Ministry official as saying.

The regulations would have meant that all passengers wishing to travel to Qatar for business purposes will need to have their visas arranged by a local sponsor, via the Ministry of Interior.

Qatar bans visas on arrival for UK, US nationals

British and American citizens will be among the nationals of 33 countries that will have to apply for a visa prior to arrival in Qatar, according to new rules being enacted by the emirate from May 1. The regulations also mean that all passengers wishing to travel to Qatar for business purposes will need to have their visas arranged by a local sponsor, via the Ministry of Interior.

British nationals wishing to apply for a Qatari visa will need to provide their last three months’ bank statements, which must show the name and address of the applicant, and prove that there is at least $1,300 in the applicant’s account.A single-entry tourist visa for all nationalities will cost $30.

The British embassy in Doha confirmed to Arabian Business on Thursday that the new rules were coming into effect, but said it was still waiting for further information from the Qatari Ministry of the Interior.

Other than the US and the UK, nationals from France, Italy, Germany, Canada, Australia, New Zealand, Japan, the Netherlands, Belgium, Luxembourg, Switzerland, Austria, Sweden, Norway, Denmark, Portugal, Ireland, Greece, Finland, Spain, Monaco, the Vatican, Iceland, Andorra, San Marino, Lichtenstein, Brunei, Singapore, Malaysia, Hong Kong and South Korea are also affected by the new ruling

The Ministry of Labour plans to relax transfer of workers between companies to lessen dependency on foreign recruitment

Abu Dhabi: The Ministry of Labour plans to relax transfer of workers between companies to lessen dependency on foreign recruitment, a top official said on Sunday.

"A draft decision was submitted to the Cabinet to reduce fees for transfer of workers between companies to increase the productivity of the local work-force and thus reduce our dependency on foreign recruitment," Saqr Gobash Saeed Gobash, Minister of Labour, told .

Gobash said a study of the current fees for certain measures showed discouragement of the optimal use of the local workforce and the backing of dependency on foreign recruitment.

"So we thought of a number of measures to address this issue, which will be announced once the Cabinet approves them," he said.

The minister also changed the rules, allowing female expatriates who are under the sponsorship of their mothers, brothers, uncles or other family members, to work in the country.

The rules will be applicable to any woman who has a valid residency in the country regardless of the kin relationship of her sponsor.

Earlier only expatriate women under the sponsorship of their father or husband were allowed to work in the UAE. Under the labour law no expatriates are allowed to work in the country unless they obtain a work permit and labour card.

Gobash said these rules have also social aspect to provide women with jobs to help them lead a dignified and decent life.

UAE laws do not allow expatriates' families to sponsor a male after the age of 18 years, but females can continue to be sponsored until they get married, when the sponsorship is usually transferred from her father to her husband

GCC residents apply for a visa prior to arrival in Qatar - new Qatari visa regulations

A consular official at the Qatari consulate in Dubai has confirmed  that all expatriate GCC residents will have to apply for a visa prior to arrival in Qatar, as part of new rules being enacted by the emirate from May 1.

But only fourteen working days before the new regulations come into force, a number of key details are still unclear.

The official said that application process for a visa would take “two to three days” and that he was not aware of any professions that were exempted from the regulations.

He also said that he had “no idea” as to the cost of the fees for processing the application.

British and American citizens will be among the nationals of 33 countries that will have to apply for a visa prior to arrival in Qatar, according to a statement posted on the website of Qatar’s embassy in the UK last Thursday.

The regulations also mean that all passengers wishing to travel to Qatar for business purposes will need to have their visas arranged by a local sponsor, via the Ministry of Interior.

Qatar’s Ministry of Interior had no comment . It is still unclear as to why the changes are being introduced.

A British embassy consular official in Doha told  on Sunday that no information, other than what was on the Qatari embassy in the UK’s website, had been made available.

But fears that other GCC countries - including the UAE - would follow Qatar’s lead appear to be unfounded.

Marriage and pregnancy laws in Dubai and other Emirates

Having a baby is a time of joy and of radical change in the life of both parents. There is so much to think about and prepare before bringing a new life into this world. It is important to be aware of the laws, rights, and services available to expectant mothers in the UAE. Your child can be born in either a government or a private hospital and your new baby’s citizenship will be the same as the baby’s father.

COMPLYING WITH MARRIAGE & PREGNANCY LAWS

It is of utmost importance for a woman to be married if pregnant in the UAE. At the hospital when you go for your first check-up, you will need to show an original marriage certificate along with copies of your passport and visa. If you are unmarried and pregnant, you should either get married or expatriate unmarried expectant mothers should return to their home countries for the delivery. Also note that abortions in Dubai are illegal unless there are medical complications and the abortion is sanctioned by the hospital.

The Sharia Court in Dubai can perform marriages as per Islamic law, provided the groom is Muslim. Expatriate resident couples who are not Muslim can choose to get married in a church (Christians) temple (Hindus) or a consulate/embassy, though all such marriages need to be registered and attested either by the country of your origin or your respective consulate/embassy.

Dubai visit visa for a family member

Last updated: March 2010
Criteria:
Visit visas for immediate family members can be obtained by residents (called sponsors), whose monthly salary is not less than AED 4000 or AED 3000 + accommodation.
Validity of Visa:
Short term visa: 30 days
Long term visa: 90 days
No extensions are permitted beyond this period.
Fees
• Short term visa: AED 620 application fee + typing fees
• Long term visa: AED 1120 application fee+ typing fees
A deposit of AED 1000 to be paid, which can be reimbursed after your relative has left the country.
Documents Required:
• Typed Application form
• A copy of the sponsor’s passport & family member's passport
• 1 photo of the family member (may be required)
• Marriage contract attested from Ministry of Foreign Affairs or UAE Embassy (for sponsoring a wife or husband)
• Attested birth certificates (for sponsoring children)
• Relationship proof attested from the Embassy (in case relationship cannot be proved from family names in sponsor and relative's passport)
• Attested work contract if the sponsor is working in a private company or a salary certificate if working in government.
• Traveller Insurance.
Procedure:
1. Go to any authorized typing office & get application form typed.
2. Go to DNRD & submit along with your documents to Visa Section.
3. Send either original or copy to your relative. If only copy was sent, then deposit original at the airport or the DNATA counter at DNRD. It is advisable to deposit visa giving sufficient time for flight to land.
For more information, visit DNRD website or call their friendly Amer Toll free service on 800-5111

Can I get the ban lifted by paying money?

A reader from Dubai asks: I have worked in a company for more than two years for a salary of Dh6,000. The first period of my employment in the company of six months is not mentioned in the ratified employment contract between me and the Ministry of Labour. I have submitted my resignation, but there is a disagreement between me and the company on the matter of the current salary, the end-of-service gratuity and the said first period of employment. My question here is; how shall I prove before the Ministry of Labour my current salary, which is larger than the amount mentioned in the employment contract? And how shall I prove my joining date in such company? Is the employer entitled to request the ministry to impose a six-month ban on me and can I be exempted from such a ban. Can I get the ban lifted by paying money? Please advise me. Many thanks.

I would like to clarify to the questioner that he may prove his current salary through the bank receipts, which state the deposit of the questioner’s salary in the bank or any letter from the company stating that the company has increased the questioner’s salary. As for the first period of employment for the questioner in the company, the questioner may prove the same through the appointment letter as well as the date of the first salary he received from the company. In connection with the ban, a six-month ban will be imposed on the questioner by the Ministry of Labour since the questioner has not completed three consecutive years with the existing employer. Therefore, a no-objection certificate is required by the questioner to transfer the sponsorship from the existing sponsor so that he can lift the ban.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants

Dewa to offer residency, visa services

Public to submit applications to new section set within authority's offices

Dubai: Public can now make their residency and visa applications at Dubai Electricity and Water Authority (Dewa) offices following the opening of a new section — the Dubai General Department for Residency and Foreigners Affairs — at Dewa headquarters, east of Zabeel.

In its efforts to strengthen cooperation with strategic partners, Dewa opened an office for the residency department following the signing of a memorandum of understanding on Monday.

The office will offer all related residency services to the public.

Saeed Mohammad Al Tayer, Managing Director of Dewa, said the authority will provide the necessary support and facilities for the residency office.

Major-General Mohammad Al Merri, director-general of the residency department said the office will provide services to public services from 7.30am to 8pm.

He said that the department's offices numbered 23 in total.

Transfer sponsorship without NOC

A reader in Dubai asks: I have been working in a company for two years; currently, I am not stable with the company, as my salary is often delayed. My question here is; I would like to know the requirements to transfer sponsorship without the need to get a letter from my sponsor as per the labour law.

The Ministry of Labour allows the worker to transfer sponsorship to a new sponsor without the need to get a no objection certificate (NOC) from the existing sponsor according to the following cases: The worker’s salary has been delayed for two months or more. In the event of arbitrary dismissal, provided a judgment passed by the competent court confirms such an arbitrary dismissal.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

A new property law in the capital maintains the existing five per cent rent cap

A new property law in the capital maintains the existing five per cent rent cap and restrictions on the eviction of tenants, according to new legislation signed by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan, in his capacity as Ruler of Abu Dhabi.

Changes were made only to certain articles of the law, No 20 of 2006, but article 23 that specifically spells out reasons for eviction was left unchanged.

Under the law, landlords cannot ask tenants to vacate except in specific cases, like approved demolition, for personal use, if tenants fail to pay rent, if tenants sublet the property without the approval of the landlord or violate public norms.

Complaints

In the case of demolition of the building, tenants must be given a grace period of not less than six months to vacate. If the landlord fails to live in the property, he had asked to be vacated for personal use, for three months or re-lets it to another party, the tenant can complain to the Rent Disputes Resolution Committee.

The new legislation, which took effect from February 10, gives landlords and tenants the right to end the tenancy contract or change its terms, after giving two months' notice for residential property and three months for commercial and industrial property as well as professional offices.

"The new law removes a five year moratorium on the eviction of tenants, but it does not give a free hand to landlords to evict tenants," said lawyer Osama Abdul Aziz of the law firm Tarik Al Serkal.

The new law also creates a cassation committee and brings the existing Abu Dhabi Rental Disputes Resolution Committee, its appeal arm and the cassation panel under the authority of the Abu Dhabi Judicial Department.

The chairmen of the rent, appeal and cassation panels, who used to be officers appointed by the Executive Council, will now be judges, according to the law.

Rulings by the rent committee on leases of up to Dh100,000 are final. Rulings on leases above Dh100,000 can be appealed within 15 days from the date of the ruling and cases related to leases worth more than Dh500,000 may be looked into by the cassation committee. Tenants have 30 days from the date of the ruling of the appeals committee to file with the cassation committee.

Tenants who are about to reach the end of their contracts still enjoy protection until November 9.

A landlord may ask to evict a tenant before the November 9 deadline provided the Rental Disputes Resolution Committee agrees on the grounds that "the occupancy causes serious harm to the landlord and provided the tenant had already been living there for not less than two years," according to the law. A grace period of not less than six months from the date of the committee's decision is granted.