59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: November 2012

Monday, November 26, 2012

Three-month medical tourist visa to seek treatment in Dubai

Image Credit: Gulf News
 Dubai: Overseas patients who wish to seek treatment in Dubai will be able to avail of a three-month medical tourist visa, extendible twice — up to nine consecutive months — according to the first phase of an initiative by the Dubai Health Authority and the General Directorate of Residency and Foreigners Affairs.

The initiative aims to unify medical tourism procedures for the emirate, and is the outcome of a recent meeting held by DHA and GDRFA with private sector hospitals as well as the Dubai Healthcare City Authority. The first phase will facilitate hospitals with information on how to apply for a medical tourism visa for overseas patients in collaboration with health authorities.

The unification is in line with the directives of Shaikh Hamdan Bin Mohammad Bin Rashid Al Maktoum, Crown Prince of Dubai to push the medical tourism vision for the emirate. The new tourism visa agreement is only for Dubai.

Currently, only hospitals with international accreditation like the Joint Commission International (JCI) and those in the process of securing one will be eligible. The JCI is an independent, not-for-profit organisation which accredits and certifies health care providers and programmes that achieves the highest quality, best-value health care across all settings. In the UAE, several top health care units like Dubai Hospital and Imperial College London Diabetes Centre have this distinction.

For medical tourism visas, the DHA and GDRFA have designed a process for hospitals to comply with. Hospitals have to apply for a ‘facility establishment card’ — a requirement by the GDRFA, to apply for the medical tourist visa. The card has hospital details including the number of employees.

Speaking to Gulf News, Dr Laila Al Jasmi, CEO of Health Policy and Strategy Sector at the DHA said that hospitals are required to apply for a ‘treatment visa service quota’ from the DHA. This is a one-time requirement; if a hospital needs to expand capacity, it needs to reapply. This quota is in place to ensure that a hospital doesn’t over or under utilise its services as well as to protect the medical tourist.

“The quote is based on the medical tourism priority in terms of specialties, the market the medical tourism strategy is targeted at, and the current percentage of medical tourists that particular facility handles,” said Dr Laila.

In the next phase of the initiative, specialised clinics, spas and wellness centres will be invited to avail of the medical tourism visa provision, she added.

In a media statement, Major Jasim Ali Rashid Ahli, director of the Entry Permit Department at the GDRFA, said, that this type of visa has been in place since 2008 and issued to hospitals that sponsor patients and their accompanying family members. The patient needs to get a medical report attested by the UAE consulate in his or her residing country; this report needs to be submitted by the hospital along with the other documents.

Eisa Al Haj Al Maidour, director general at the DHA said that since Dubai offers excellent health care facilities, medical tourism is an extension of the hospitality that the emirate is synonymous with.

Marwan Abedin, chief executive officer of Dubai Healthcare City (DHCC) added: “This project is of vital importance to the overall health sector in Dubai as all relevant stakeholders including immigration, the aviation industry, the hospitality sector, public and private hospitals are coming together to position Dubai as a medical tourism destination.

Friday, November 23, 2012

UAE National Day holidays announced for Public, private sectors

The Federal ministries and entities will be off work on Sunday and Monday; December 2 and 3, to mark the 41st National Day, according to a circular issued today by Humaid Mohammed Obaid Al Qattami, Minister of Education and Chairman of the Federal Government Human Resources Authority.

The circular, which based on law no. 11 of 2008 on government human resources, said work will resume on Tuesday, December 4, 2012.

Al Qattami congratulated President His Highness Sheikh Khalifa bin Zayed Al Nahyan, Vice President and Prime Minister of the UAE and Ruler of Dubai His Highness Sheikh Mohammed bin Rashid Al Maktoum, Their Highnesses, Members of the Supreme Council and Rulers of the Emirates and people of the UAE on the occasion.

Private sector holiday

The private sector institutions and companies will be off work on Sunday, December 2, 2012, on the occasion of the 41st National Day of the UAE, according to a circular issued today by Saqr Ghobash Saeed Ghobash, Minister of Labour.

Ghobash extended his congratulations to President His Highness Sheikh Khalifa bin Zayed Al Nahyan, Vice President and Prime Minister and Ruler of Dubai His Highness Sheikh Mohammed bin Rashid Al Maktoum, Their Highnesses the Supreme Council Members and Rulers of the Emirates and people of the UAE on the occasion.

Tuesday, November 20, 2012

Balcony barbeques in Dubai may incur up to Dh500,000 fine

Residents of Dubai who use balconies for activities that put at risk public health and safety are violating rules and will be penalised, according to a top Dubai Municipality official.
Redha Salman, Director, Public Health Department and Safety of Community, Dubai Municipality, told  that although Local Decree No.11 of 2003 does not prevent residents from barbequing on balconies, if their actions threaten public health safety or if they cause harm to environment, then that is considered a violation of the decree and offenders will incur fines between Dh100 and Dh500,000.

The amount will vary according to the degree of threat to public safety and health, he added.
If the offence is repeated within a year a fine not exceeding Dh500,000 will be slapped, he added.

The penalties could also include suspension of utility services for not more than three months and suspension of activity permits for a period not exceeding one month.

However, the decree does not include buildings in free zones and freehold properties in Dubai, Salman said and urged authorities to bring them under the purview of the rule.

He also called on residents to circulate the terms of the local order among all nationalities so they understand what is permitted.
Salman said smells, sounds, fumes, dust and waste resulting from any building or facility or dumping waste that may pose a threat to public health and safety is included under the local order. Similarly, any building or creative activity undertaken that puts at risk public safety is also considered a violation.

Animal farming in residential and populated areas is also against the rules, he added.

Monday, November 19, 2012

Naturalization and Residency Prosecution initiatives A'awiddne to compensate the sponsor

A'awiddne  is one of the initiatives by Naturalization and Residency Prosecution so as to compensate the sponsor with Five Thousand Dirham from the amount of fine imposed by the court and this is as a result of his absconding worker being hired by another person pursuant to the Article No. (34) repeated of the Law of Entry and Residence of Foreigners No. (6) of 1973 concerning Immigration and Residence as amended by the Federal Law No. (7) of 2007.

Purpose of this initiative:

1. Enforcing the Law of Entry and Residence of Foreigners.
2. Mitigating the losses of the sponsor.
3. Compensating the sponsor by five thousand dirham.
4. Increasing the clients' satisfaction.

Regulations of enforcing this initiative:

1. Applicant must be the sponsor of the violator.
2. He must have filed the absconding report before arresting the violator.
3. Employer must be arrested and sentenced by fine.
4. Sentence of fine must be final and conclusive.
5. Convict has paid fully the fine imposed.


Mechanism of enforcing the initiative:

1.Cases of employing absconding workers sentenced by fine will be sorted out.
2.Make sure that the employer has paid the fine amount and the conditions are applicable to the sponsor.
3.Contact the sponsor and ask him to submit a request for compensating the sponsor along with enclosing his identity proof.
4.Request is presented to the chief prosecutor and after approval, it will be transferred to the account section to disburse the money.
5.Amount will be disbursed within five working days.

No bank loans for UAE residents without Emirates ID card

The Emirates Identity Card could soon be one of the must-have documents when applying for a loan or to get other bank services and facilities as well.
According to a report in Emarat Al Youm, citing, a UAE Central Bank circular, all banks and finance companies and houses operating in the country are to request the Emiartes ID of a customer applying for banking facilities.
The report says the circular, issued by Saeed Al Hamiz, Assistant Governor, UAE Central Bank, specifies loans will not be granted without the national identity card.
The newspaper adds that the circular was issued at the request of Obaid Humaid Al Tayer, Minister of State for Financial Affairs and Chairman of the Federal Credit Bureau.
A central bank official who asked not to be named said that under this circular individuals will not be able to get any loans or financing without providing the national ID card.
The official clarified that the customer's passport is no longer sufficient to accomplish bank transactions.

The Emirates Identity Authority (Eida) has tied up with a local bank to experiment the use of ID cards in banking transactions.
According to a report in the Arabic daily ‘Emarat Al Youm’, the authority helped a client open an account with a local bank.
The transaction was quicker by at least 20 minutes, said Dr Ali Mohammed Al Khouri, General-Director, Eida.
The bank staff was able to quickly download all necessary client information from his ID card, thereby saving time. The process is also safer and more accurate, he added.
It is now up to the UAE Central Bank and individual banks to decide how to use ID cards to enhance their services, he said.
Dr Al Khouri said ID cards could also be used to deposit and withdraw money in future.

At present, Eida is also in the process of linking up with all government institutions.

Sunday, November 18, 2012

Emirates ID card to open bank account

The Emirates Identity Authority (Eida) has tied up with a local bank to experiment the use of ID cards in banking transactions.

According to a report in the Arabic daily ‘Emarat Al Youm’, the authority helped a client open an account with a local bank.

The transaction was quicker by at least 20 minutes, said Dr Ali Mohammed Al Khouri, General-Director, Eida.
The bank staff was able to quickly download all necessary client information from his ID card, thereby saving time. The process is also safer and more accurate, he added.

It is now up to the UAE Central Bank and individual banks to decide how to use ID cards to enhance their services, he said.

Dr Al Khouri said ID cards could also be used to deposit and withdraw money in future.

At present, Eida is also in the process of linking up with all government institutions.

Saturday, November 17, 2012

Problems at work

My company has signed my labour contract but didn’t give me a copy so I don’t know whether my contract is limited or unlimited. Is this legal or not? There are a lot of accommodation and other problems. According to my appointment letter, they offer an HRA but are refusing to give it due to the global recession.

So can I resign on these grounds? What will my position be if my resignation is against the labour law. I work in the private sector. The company has signed a letter saying that if I leave my job before the end of my contract, I have to pay

Dh9,000. Is this legal?

I have completed eight months in this company. If I resign for the reason that I’m not getting my rights as per the labour law, what action can the company take? Note: I hold a diploma.


Answer: The questioner may obtain a copy of the employment contract upon reviewing the ministry as well as the typing offices which deal with the Ministry of Labour. Failure of the employer to give the questioner a copy of his employment contract is contrary to the law. The employer is bound by what is contained in the appointment letter, if the employer has failed to apply what is stated in the letter, the questioner should file a complaint before the Ministry of Labour.

With regard to the penalty clause of imposing Dh9,000: if the questioner’s contract is limited, in this case, by law he should compensate the employer for a period not exceeding 45 days of his salary or the remaining period of the contract (if the employer proves that the employee has caused damage and a loss to his company by breaking the limited contract) but if the labour court judgment states that the employee was forced to break the contract it is considered arbitrary dismissal.

In this case the labour court will direct the employer to compensate the employee. But if the contract is for an unlimited period and he has violated the labour law, such a clause will be at the court’s discretion, as the latter might reject such a clause on the basis that it is against the worker and in accordance with UAE Labour Law, article 7 which states: “Any stipulations contrary to the provisions of this law, even if it was made prior to its commencement, shall be null and void unless they are more advantageous to the worker.”

Anyway, I would like to advise the questioner not to submit his resignation now, as he has only completed eight months, and therefore, if he submits his resignation, the Ministry of Labour — as per the employer’s request, will impose a one-year ban due to him breaking the limited contract but if the labour contract is unlimited the Ministry of Labour will impose a six-month ban because the questioner did not complete two years in service but the questioner can lift the ban if he finds a new job with a salary of Dh7,000 as long as he is holds a diploma. But in case the labour court finds breaking the contract (limited or unlimited) is as per the labour law the Ministry of Labour as per this judgment will not impose a ban and also will allow the questioner to work for a new company on any salary.


Tuesday, November 13, 2012

Two-month amnesty to illegal residents in UAE

 Abu Dhabi: A two-month amnesty has been granted to illegal residents, allowing them to leave the country without penalty or regularise their visas, a senior official said on Tuesday.

 Major General Nasser Awadi Al Menhali, Assistant Undersecretary for Naturalisation, Residency and Ports Affairs, told a news conference: “Illegal residents who overstayed their visas can visit residency departments across the UAE to obtain outpasses and leave the country without penalties, or regularise their visas, after payment of fines between December 4 and February 3.”

Al Menhali stressed the amnesty, approved by the Cabinet of Ministers in April, covers only those who overstayed their visit or resident visas, but not infiltrators, who he said will be treated like criminals.

He encouraged illegal residents to come forward and take advantage of the amnesty as soon as possible and not to wait for the deadline or miss it, “because there will be no extension or exception whatsoever of the amnesty scheme”.

Major General Al Menhali added a resident who overstayed his or her visa can come forward with their passports and air tickets to obtain an outpass, get their fines waived, and leave the country.

 Passports withheld by residency department in absconding cases, will be handed over to their holders, he said.

He said those who wish to regularise their visas have to pay all fines accumulated as a result of their overstay of their visas, warning illegal residents who fail to make use of this amnesty that from February 4 they will face the full force of the law.

 “This is the fourth amnesty scheme and we are hopeful, illegal residents who did not avail of the previous schemes will do so this time.”

 As many as 342,000 illegal immigrants took advantage of the last amnesty declared in 2007.

Official statistics showed that 341,958 illegal residents availed of the amnesty by either legalising their stay or by leaving the country.

While 95,000 illegal workers legalised their status, nearly 175,000 left the country.
Around 300,000 illegal immigrants left the country under the second amnesty which ran between January and April, 2002.


In 1996, about 200,000 illegal residents left the country under a six-month long amnesty.

The move to allow passage to illegal foreigners stuck in the UAE for violation of various immigration rules and regulations is meant to clear the country of thousands of them but Major General Al Menhali declined to say how many illegals were expected to make use of this amnesty or the statistics of those already arrested since the last amnesty.

Major General Al Menhali said that illegal foreigners arrested are also granted this amnesty and allowed to leave the country as long as they do not have any pending cases.

“Illegal foreigners will be issued outpasses after any pending cases or dues are settled,” Major General Al Menhali said.

Al Menhali said residency departments across the country will be organising several awareness campaigns and press briefings to educate the public about the amnesty and the need for illegal residents to take advantage of this gesture.

For any information about the amnesty, people can call toll free telephone number 8005111. It will be a 24/7 service in Arabic and Englis

Friday, November 9, 2012

UAE allows multiple entry visit visas to foreigners

In a move set to redraw and further strengthen the tourism and trade sector in the UAE, which is already doing very well, UAE has just announced and confirmed that Multiple Entry Visit Visas may be issued for three categories of visitors. This will give tremendous boost for the UAE economy especially in the tourism, airline, hotel and restaurant sectors aside from strengthening various trade related sectors.

Note: Visit visas only allow persons to visit and will not allow tourists to open bank accounts or buy a car or obtain a driving licence etc, for all of which, a UAE residence visa is mandatory. However, the owner of real estate in UAE with a value in excess of AED 1m / USD 273k becomes eligible to obtain a UAE residency visa and enjoy a tax free and crime free lifestyle and can thereafter open a bank account or buy a car etc.
The UAE has allowed multiple entry visas in keeping with the requirements of some foreigners who need to visit the country from time to time.
A ministerial decree No. 418 of 2012 allowing for multiple entry visas was issued by Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Interior. It amended some provisions of the law of entry and residence of foreigners, Al Bayan newspaper said.
Multiple entry visas can be issued by both the General Directorate of Residency and Foreigners Affairs and UAE’s Consular offices abroad.
Those eligible for the multiple entry visas include businessmen, property investors and tourists.
Businessmen and professionals abroad who have dealing with a public or private institution or a company in the UAE, and who require frequent visits, are eligible for multiple entry.
Also, those foreigners who own property in the UAE – and their spouse and children - can avail that the multiple entry visa.
Tourists on board cruise ships will be eligible for multiple entry as their schedule includes entering the country more than once.
Conditions
  • However, in order for the multiple entry visas to be granted, certain conditions have to be fulfilled.
  • For the business visitor, the multiple entry visa allows him to enter the country several times during the six months from the date of issuance of the visa. The stay during each visit should not exceed 30 days.
  • If the foreign visitor to UAE owns a property, the visa allows him to enter the country several times during the six months from the date of issuance of the visa and allow him to stay as long as the visa is valid.
  • If the purpose for visiting the country is tourism and the visitor is coming on board one of the cruise ships, the permission allows him or her to enter the country several times during the three months from the date of issuance of the visa and stay a maximum of 14 days each time from date of entry.
UAE Missions Abroad
The UAE’s ambassadorial and consular mission abroad can issue a ‘courtesy visa’ to certain categories of visitors.
They have been allowed to issue visit visas exempt from the requirement of a sponsor.
Holders of diplomatic and United Nations passports can be given multiple entry visas for three months by UAE mission abroad.
These visas allow entry to the UAE for multiple times during three months from the date of the issuance. It also allows the holder to stay during each visit for nor more than 30 days from the date of entry as long as the visa is valid.