59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: March 2013

Sunday, March 31, 2013

UAE Nurseries must have licence from Ministry of Social Affairs

A new law regulating nurseries in the UAE that was recently adopted by the Council of Ministers prohibits nurseries from operating without a licence from the Ministry of Social Affairs,  the Arabic newspaper Al Khaleej has reported.

Violators face both fines and imprisonment, the ministry has warned.

Meanwhile, Mouza Al-Shoumi, director of the children’s department at the Ministry of Social Affairs, told ‘Al Khaleej’ that Article II of the law says that nurseries must provide care and education to children in a safe environment.
She added nurseries must help to develop the child's personality, talents, and mental and physical abilities, including communication skills.
She said the new law empowers local authorities in each emirate to lay down conditions for granting licences to nurseries.She said according to the new law, the chairman of the company seeking a nursery school licence should be an Emirati. The ministry will not approve issue of a licence if the chairman is not an Emirati.

She also said the new law contains a commitment to children with special needs. It also mentions qualifications of nursery school staff, their appointment and the building’s specifications.

Saturday, March 30, 2013

UAE Ministry of Labour stipulates salary for graduates in private sector not less than Dh12,000

A minimum salary rule will be applied by the Ministry of Labour to three categories of employees, provided they have a secondary school certificate or a higher educational certificate, local Arabic daily Al Khaleej has reported.

Ministry officials said the private sector workers are grouped into five skilled labour categories, adding that employees of the first category should be university graduates and should receive a minimum monthly salary of Dh12,000.

The second category include technicians who should receive not less than Dh7,000, while the third are skillful labourers who must be paid at least Dh5,000, provided they have a secondary school certificate.

According to the report, the latest ministry regulations followed requests by a number of   employees wishing to change their jobs for higher salary and other reasons.

The report states that many of the applications were rejected because they did not meet the necessary conditions. The Ministry has also said it had agreed on bringing labour from outside the UAE as long as all labour conditions are met.

The report quoted the ministry as saying it will not give new labour permits to employees in case the salary they will receive in the new company is less than what the ministry has previously decided.

In such a case, they will have approval six months after the cancellation of the old labour card.

To be given a labour permit, the qualifications of the employees should suit the nature of the job, it said.

Friday, March 29, 2013

India raises concern over Saudi’s new labour policy-Minister of State for External Affairs E Ahamad today met Prince Abdulaziz bin Abdullah bin Abdulaziz, vice minister of Foreign Affairs

Dushanbe: India Friday raised its concern with Saudi Arabia over its policy of reserving 10 per cent jobs for locals, a decision which will hit over 3 lakh low- and semi-skilled workers from India with a sizable number coming from Kerala.

Minister of State for External Affairs E Ahamad, who is in Dushanbe, the capital of Tajikistan, to attend the Asian Development Dialogue, Friday met Prince Abdulaziz bin Abdullah bin Abdulaziz, vice minister of Foreign Affairs, and conveyed the anxiety and concerns of India on the issue.

The Prince assured Ahamad that Saudi will always give the best consideration for Indians working in the Kingdom and values its very cordial relations with India.

The Saudi Minister, who is here to attend the conference, said he will bring the matter to the notice of the Labour Ministry and concerned authorities when he gets back to Riyadh.

On his part, Ahamad told the Prince that India enjoys the best of relations with Saudi and hope that no step will be taken that will adversely affect expatriates in the Kingdom.

The Indian Embassy has also taken up the matter with the Saudi Government, Ahamad told PTI adding, "There is no panic situation as of now. The Indian government will pursue the matter in the best possible way."

Overseas Indian Affairs Minister Vayalar Ravi yesterday said he had asked the Indian Ambassador to Saudi Arabia to take up the issue with Riyadh and its Labour Ministry and ensure that there would be no job loss for Indians on a mass scale.

The new labour policy, called Nitaqat, might lead to the denial of job opportunities for large number of expatriates from India, especially from Kerala, Chief Minister Oommen Chandy said in a letter to Prime Minister Manmohan Singh.

"It has come to my notice that the Kingdom of Saudi Arabia has initiated strong steps to implement Nitaquat law to expand employment avenues to its nationals which may ultimately lead to the denial of job opportunities for expatriates," he said. In 2011, 2.28 million Keralites were working abroad. Of them, some 570,000 are in Saudi Arabia, a report said

Thursday, March 28, 2013

community service’ sentences in UAE by early next year

The UAE will soon adopt the alternative penalties law, said Dr. Jamal Al Sumaiti, Director General of Dubai Judicial Institute as reported Emarat al Youm.

He said that the bill on alternative measures like ‘community service’ in cases of misdemeanors and minor violations instead of imprisonment, is being considered.

He added that a federal committee of advisers, experts and heads of public prosecutions in addition to lawyers, reviewed the draft law and decided that it can be applied by early next year at the most.

However, members of the Federal National Council say it will be more expensive for the government to apply it. Other members said that the imprisonment of short duration is useless and will never be a deterrent.

Dr Al Sumaiti said that the bill will be re-submitted to the Cabinet and then presented to the President His Highness Sheikh Khalifa bin Zayed Al Nahyan, for approval.

He explained that the alternative Penal Code cannot be applied on all convicts, or drug addicts as they should be placed in the center for rehabilitation.

The committee studying alternative punishments reviewed the experience of other countries to identify the best way of applying what fits the local environment and the values prevailing in society.

Earlier, the Cabinet approved the federal law of alternative punishments which lists  20 offences that call for community service ranging between 20 to  240 hours.

By applying the new code, the UAE will be the first among Arab countries to adopt such type of law.

Additional cost

Chairman of the Interior and Defense Committee at the Federal National Council, Dr. Yaqoub Al Naqbi, said that the application of the new law of alternative punishments will incur the UAE more money than they spend on regular penalties.

He added it would require the presence of security for monitoring and follow-up, as well as increase the possibility of escape by offenders.

He called for internal alternative measures such as establishment of workshops in prisons for such prisoners. He added such workshops such as carpentry for men, and sewing and embroidery for women, will help in rehabilitating the prisoners.

He called on investors to help implementation of such projects in prisons as they will profit from it. This will also reduce the financial burden on the government.

Good for UAE

Ahmed Ali Al Za'abi, head of the legislative committee in the FNC, said that short-term imprisonment is not working and is not a deterrent. On the contrary, it opens the opportunity to learn crime from hardened criminals in prison.

Al Za'abi demanded the abolition of short-term imprisonment entirely and its replacement with financial fines followed by deportation - this will help the punitive and correctional institutions.

Said Al Ghilani, a lawyer, said that the Alternative Penal Code would be more of a deterrent.

He pointed out that it will ease the problem of overcrowding in prisons, which often causes the transmission of diseases among prisoners.

Al Ghilani stressed the importance of alternative penal code which will prevent the mingling of prisoners with each other, which will prevent the development of the criminal inclinations to the offenders who were convicted in simple cases.

He added in simple cases offenders entered prison for the first time on issues such as the abuse of narcotic substances but later became drug dealers, after being educated in prison at the hands of criminals.

Al Ghilani stressed that it is possible for one policeman to control dozens of such offenders doing community service.

Monday, March 25, 2013

Can company enforce 1-year ban in UAE if terminates contract

The UAE Ministry of Labour has moved a case to its Legal Department to rule on a case which has raised the issue of whether a company that has cancelled the contract by issuing a termination letter can enforce a one-year employment ban on that employee.
A report in local Arabic daily Al Khaleej cited the ministry’s clarification made in a case where a female employee had been issued a one-year ban by her company.
The ministry stated that if the employee has violated the contract in any away, then irrespective of resignation or termination, a ban can be enforced.Despite the ministry ruling that in this case the ban was applicable, the details of the case raised many questions that needed clarification.

The ministry first clarified that an investigation into the case revealed that the company had issued her a termination letter, which she was using to get the ban lifted.
The employee claims that the end of her employment was signed off by the employer after only three months of her working there.The company has claimed that she violated the terms of the contract, which the ministry probe held as true and therefore, a ban in this case is fair.The final ruling, however, is now with the Legal Department of the Ministry of Labour.

Thursday, March 21, 2013

UAE residents with travel bans can now pay and fly

Residents with unsettled bills can now leave the country by paying the outstanding amount at the Dubai Airport — thanks to the new ‘Pay as you go’ service.

Launched this week by Dubai Court with the General Directorate of Residency and Foreigners Affairs (GDRFA), in cooperation with Dubai Police and Emirates NBD, the service allows residents to clear any financial claims against them at the immigration counter before boarding their flight.

The new system not only aims to carry out rulings issued by courts and the judicial committees, but also help people with unsettled bill–related travel bans to clear the amounts at the immigration counter using the new electronic pay-as-you-go system.

When someone with a travel ban approaches the immigration counter, the officer issues a letter with the outstanding amount, which is then sent to the bank’s counter at the airport along with the case file number and the amount the convict is required to pay.

Two copies of the payment receipt are then made and one is kept with the bank for record. The other is sent to the immigration counter where the payment details are matched with the case file. Once the verification is made, the payment receipt is sent to Dubai Police who then lift the travel ban, allowing the person to board the flight.

Sunday, March 17, 2013

Teenage work permit must for part-time work in UAE

  • From January 2011, teenagers from 15-18 years of age can find jobs in the UAE after obtaining a teenage work permit from the MOL.
  • There are restrictions on the type of work and hours of employment. Ministerial decree 1189 for 2010 specifies 31 categories of work in which juveniles are not permitted to work, including underground jobs in mines, quarries, and other work related to mining; furnaces of melting metals; oil refining; bakeries; asphalt industry.
  • Some reports refer to the work permit as part-time only but it appears that full-time work is permitted.
  • Validity period of juvenile work permit is one year maximum.
The Ministry of Labour official added that teenagers in the age group 15-18 years are allowed to work even with promotional companies, on obtaining a teenage work permit from the Labour Ministry.
The official said that there are certain restrictions on the type of work and hours of employment for teenagers aged between 15-18.
The official said that before employing a juvenile, employers should retain copies of certain documents in the juvenile’s personal file, such as a birth certificate, physical fitness certificate issued by a specialised physician and written consent from the juvenile’s guardian. Further, the employment of a juvenile is prohibited when the job requires night shifts, or is of a hazardous nature or harmful to health, such as underground jobs in mines, quarries, furnaces, oil refining, the asphalt industry and bakeries.
The official said when the working hours of an underage person exceed six hours a day, one or more breaks should be provided. Juveniles are not permitted to work overtime, or on holidays. A juvenile work permit has a validity period of one year.
He said promotional companies without a trade licence are illegal and they cannot employ anyone, including underage people.
“In case the promotional company did not pay for the employee even if they are underage they can complain to the ministry of labour,” the official said.
The official added that if a promotional company is employing underage people without a labour contract they can file an official complaint at the Ministry of Labour with proof that they worked for the company and the ministry will take action against the company.

Wednesday, March 13, 2013

President His Highness Sheikh Khalifa bin Zayed Al Nahyan approved New Cabinet

President His Highness Sheikh Khalifa bin Zayed Al Nahyan has approved the formation of the new Cabinet, presented by the Vice President and Prime Minister and Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum.

The President wished the new ministers good luck and success, expressing his thanks and appreciation to the ministers for the efforts they exerted in serving their homeland.

The following is the new list of ministers, headed by the Vice President and Prime Minister, Minister of Defence and Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum

•His Highness Lt.-General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Interior

•His Highness Sheikh Mansour bin Zayed bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs

•His Highness Sheikh Hamdan bin Rashid Al Maktoum, Minister of Finance

•His Highness Sheikh Abdullah bin Zayed Al Nahyan, Minister of Foreign Affairs.

•Sheikh Nahyan bin Mubarak Al Nahyan, Minister of Culture, Youth and Community Development

•Sheikh Hamdan bin Mubarak Al Nahyan, Minister of Higher Education and Scientific Research

•Sheikha Lubna bint Khalid Al Qasimi, Minister of Development and International Cooperation

•Mohammad Al Gergawi, Minister for Cabinet Affairs

•Sultan bin Saeed Al Mansoori, Minister of Economy

•Mariam Mohammed Khalfan Al Roumi, Minister of Social Affairs

•Humaid Mohammed Obeid Al Qattami, Minister of Education

•Abdul Rahman bin Mohammed Al Owais, Minister of Health

•Saqr Ghobash Saeed Ghobash, Minister of Labour

•Dr Anwar Mohammed Gargash, Minister of State for Foreign Affairs ( Minister of Federal National Council of Affairs )

•Dr. Hadef Jowan Al Dhahiri, Minister of Justice

•Dr. Rashid Ahmed bin Fahad, Minister of Environment and Water

•Suhail bin Mohamed Faraj Fares Al Mazrouei, Minister of Energy

•Abdullah bin Mohamed Belhaif Al Nuaimi, Minister of Public Works

•Obaid Humaid Al Tayer, Minister of State for Financial Affairs

•Dr. Maytha Salem Al Shamsi, Minister of State

•Reem Ibrahim Al Hashimy, Minister of State

•Dr. Sultan bin Ahmed Sultan Al Jaber, Minister of State

•Abdullah bin Mohammed Ghobash, Minister of State

UAE Cabinet reshuffle- Four fresh faces, new ministry

A major Cabinet reshuffle, replacing the Energy Minister, creating Ministry of Development and International Cooperation and merging of Economy and Foreign Trade ministries, was approved by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan.

Shaikh Khalifa wished the new ministers success in their duties, and expressed his  gratitude to them for the efforts they have exerted in the service of their nation.

His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai,  on Tuesday  announced the Cabinet reshuffle, the second to the seventh Cabinet formed in 2006.

Shaikh Nahyan Bin Mubarak Al Nahyan, who has been Minister for Higher Education and Scientific Research for more than 20 years, has been named Minister of Culture, Youth and Community Development in the Cabinet reshuffle. The new Cabinet members  include, Suhail Bin Mohammad Al Mazroui, who will head the Ministry of Energy, replacing Mohammad Al  Hameli, who has left the Cabinet.

Among the new faces are Sultan Ahmad Al Jaber, the CEO of Abu Dhabi-based Masdar, who becomes Minister of State, and Abdullah Bin Mohammad Gobash, who also becomes Minister of State.

Abdullah Bin Mohammad Al Nuaimi, another new minister, has been appointed Minister of Public Works. He replaces Shaikh Hamdan Bin Mubarak Al Nahyan, who  was appointed Minister of Higher Education and  Scientific Research.

Former Minister of Foreign Trade Shaikha Lubna Al Qasimi has been appointed Minister of Development and International Cooperation, a newly created portfolio.

Abdul Rahman Bin Mohammad Al Owais, former Acting Minister of Health, and Minister of Culture, Youth and Community Development, is now Minister of Health.

   
The new cabinet is as follows:

    Lieutenant General Shaikh Saif Bin Zayed Al Nahyan: Deputy Prime Minister and Minister of Interior
    Shaikh Mansour Bin Zayed Al Nahyan: Deputy Prime Minister and Minister of Presidential Affairs
    Shaikh Hamdan Bin Rashid Al Maktoum: Deputy Ruler of Dubai and Minister of Finance
    Shaikh Abdullah Bin Zayed Al Nahyan: Minister of Foreign Affairs
    Shaikh Nahyan Bin Mubarak Al Nahyan: Minister of Culture, Youth and Community Development
    Shaikh Hamdan Bin Mubarak Al Nahyan: Minister of Higher Education and Scientific Research
    Shaikha Lubna Al Qasimi: Minister of Development and International Cooperation
    Mohammad Abdullah Al Gergawi: Minister of Cabinet Affairs
    Sultan Bin Saeed Al Mansouri: Minister of Economy
    Mariam Al Roumi: Minister of Social Affairs
    Humaid Mohammad Obaid Al Qutami: Minister of Education
    Abdul Rahman Mohammad Al Owais: Minister of Health
    Saqr Gobash Saeed Gobash: Minister of Labour
    Dr Anwar Mohammad Gargash: Minister of State for Foreign Affairs and Minister of State for Federal National Council Affairs
    Dr Hadef Jua’an Al Daheri: Minister of Justice
    Dr Rashid Ahmad Bin Fahd: Minister of Environment and Water
    Suhail Mohammad Al Mazroui: Minister of Energy
    Abdullah Belhaif Al Nuaimi: Minister of Public Works
    Obaid Humaid Al Tayer: Minister of State for Financial Affairs
    Dr Maitha Salem Al Shamsi: Minister of State
    Reem Ebrahim Al Hashemi: Minister of State
    Sultan Mohammad Al Jaber: Minister of State
    Abdullah Mohammad Saeed Gobash: Minister of State
    Dr Mohammad Bin Dha'en Al Hameli, previously the Minister of Energy, was the only person to leave the Cabinet.



Wednesday, March 6, 2013

Emirates ID Card Status Can Be Viewed Online

EIDA has enabled a new service called Emirates ID status to view the ID card application status. The service allows applicants to track down the progress of their submitted Renewal, Replacement or New Emirates ID Card Application.

Emirates ID is the new national identity card introduced by Federal Council of United Arab Emirates in an effort to register the personal data of the whole population in the country and storing the same at the electronic data bases in coordination with the competent authorities.

You can Emirates ID status for new applications, renewal and replacement applications. To check the status of your ID Card Application, you have to enter your Application Number (PRAN) for new Emirates ID or you can enter your old Emirates ID Number if your application is for Renewal / Replacement.

On submitting the PRAN or ID number the following information will be displayed where you can know the present status of your ID application.
Applicant Information
English Name:
   
hamza
Arabic Name:
   
حمزه
Application No (PRAN):
   
21 digit application number
Application Type:
   
ID Card Renewal / Reissuance of New Card - Resident (Card Available) - > 15 years old
Reciept Number:
   
Transaction Number:
   
Emirates ID Number:
   
15 digit ID number
Mobile Number:
   
Current Status:
   
Application Created At Typing Center
Application History Log
01-Feb-2012 - Application Created At Typing Center

To view the ID status click here: http://www.eida.gov.ae/en/eida-services/id-card-status.aspx

Re-Entry Permit for Residence Visa holder of Dubai Staying 180 days outside UAE

A RESIDENT VISA HOLDER STAYING OUTSIDE U.A.E. FOR MORE THAN 180 DAYS has to obtain a Re Entry Residence Permit in Dubai.

As per the new immigration law a resident visa holder staying outside the U.A.E. for more than 180 days has to complete some procedures before re-entering into Dubai.

He/she can staying outside U.A.E. for more than 180 days is considered on some conditions and the procedure has to be completed by the sponsor for re-entering of sponsored person into Dubai.

In case the holder of Dubai resident visa stayed outside UAE for more than 180 days his visa will be blocked. Some persons are exempted from visa block. The details of exemption are given in the re-entry exempted list.

For example, If the exit from U.A.E. was on 03-Jul-2011 and intend to come back on 28-Feb-2012 (6 months + extra 2 months) sponsor has to complete the below mentioned procedures for unblocking the residence visa.

The sponsor has to obtain the following documents and attend at GDRFA to apply for a re-entry permit since he is the sponsor & the sponsored person exceeded 180 days outside UAE:

 Application form from typing center.
 A certificate for the case reason attested from UAE Embassy + Ministry of Foreign Affairs "within the same country" + Ministry of Foreign Affairs inside UAE approves the reason of staying that whole period outside UAE.
    The person passport copy along with the sponsor passport copy.
    AED 130 fees for that service.
    AED 100 for each month exceeding the 180 days.

Note:

    The sponsored UAE Residence Visa should be valid.
    The matter is subject to approval from GDRFA.

You may contact General Directorate of Residency & Foreigners Affairs-Dubai for more information.

Toll-free    : 8005111
Tel (Int.)    :+971 4 313 9999
Fax          :+971 4 501 1111
Email       : Amer@dnrd.ae
Website   :www.amer.ae

Dubai Visa Status and Information about DNRD Applications

The website of General Directorate of Residency – Dubai has the facility to check the Dubai visa status and information about DNRD applications. The GDRFA site provides a Query DNRD App page to check about the visa status and other immigration applications. The status of following immigration forms applied in DNRD can be checked through the Dubai immigration portal by entering the basic application information like smart form number or application number.

    Entry permit validity
    UAE Residence validity
    eDNRD Application
    eFORM Application

    Residence Application Status – This will show the status of passport that has been submitted to DNRD for visa stamping as whether it is processed or not.

Dubai immigration also started a smart mobile application from their website for checking the status and validity of visit visas and other immigration transactions. The new mobile service from General Department of Residency and Foreign Affairs in Dubai will enable the public to check about the status of Dubai visas and other immigration transactions.

DNRD eServices is a fully integrated online system designed for minimizing the time required on managing your application and other transactions with DNRD. Residents don't need to register to use the online visa status enquiry services.
Click here to view the Visa Status

Tuesday, March 5, 2013

Employers to bear the cost of Emirates ID card: Eida Chief

Although there is no legal directive that compels companies to bear the cost of Emirates ID, Emirates Identity Authority (Eida) chief says companies should take up the responsibility of paying the cost of ID cards for their employees.

“There is no legal directive on who should pay the fees for the ID cards. Since now the visa issuance is linked to the Emirates ID process, we expect companies to bear the cost. We are taking up the matter with higher authorities and are reviewing the matter,” Dr Ali Al KhouriDirector General, EidaHe added that a few public sector entities and private companies had already begun bearing the cost of the issuing Emirates ID for their employees.

“There are companies in both public and private sector that are now paying for the ID for their employees. We believe companies have to bear the cost of the ID as the card issuance is linked to visa.”

Employees in the public sector pay Dh300 (Dh100 per year for three year visa) for the card, while private sector employees pay Dh200 (Dh100 per year for two year visa) . The other charges (typing and admin) total to Dh70.