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

Monday, May 27, 2013

The pension scheme for Indian workers will be launched soon in the UAE

The UAE launch of a pension scheme being implemented by the Indian Ministry of Overseas Affairs was delayed due to certain technical reasons,
Now the [Indian] ministry has engaged two Indian banks — Bank of Baroda and State Bank of Travancore — to implement the scheme, M.K Lokesh, Indian Ambassador to the UAE, told

The banks have already approached the UAE Central Bank for necessary approval and the scheme will be launched soon, he said.
s Gulf News reported in July 2012, the Government of India planned to open a centre in Dubai to enrol thousands of Indian expatriate workers in its ambitious Pension and Life Insurance Fund (PLIF).

The voluntary scheme offering three important benefits will help skilled and unskilled workers to save money for their old age, to have financial means when they go back home and a life insurance cover for Rs100,000 (Dh6,600) during their work abroad.
About 65 per cent of more than two million Indians in the UAE are blue collar workers.
Workers between the age of 18 and 50 who hold Emigration Clearance Required (ECR) passports are eligible to enrol in the scheme. India issues ECR passports to those who have not passed a school leaving exam (Grade 10).
About 17,602 Indians availed of the recent amnesty declared by the UAE for illegal workers, the envoy said.

A total of 7,923 Indians left the UAE and 9,679 regularised their status according to figures given by the UAE authorities to the Indian Embassy.
Nearly 62,000 illegal workers had availed of the two-month-long amnesty from December 2, 2012 to February 2 this year according to the UAE authorities, which have not revealed nationality-wise figures of beneficiaries. More than 800,000 illegal residents availed of three similar amnesties between 1996 and 2007.

The embassy is still waiting for the approval from the UAE authorities to implement an online attestation of job contracts of Indian workers coming to the UAE , with Emigration Clearance Required – ECR category passports, he said. It will streamline the attestation of job contracts of ECR category workers by preventing fake contracts. The number of workers under ECR category coming to the UAE has witnessed a slight increase during the past four years, he said. Their number dropped from 349,000 in 2008 to 120,000 in 2009. Then it was 130,000 in 2010, 138,000 in 2011 and 141,000 in 2012, the envoy said.
Benefits:
Workers joining the pension scheme will get three benefits – a lump sum amount from the resettlement and rehabilitation fund when they go back home, monthly old age pension after the age of 60 and a free of cost life insurance cover during their stay abroad.

The workers under Emigration Clearance Required category [those who have not passed matriculation] have to open a bank account and co-contribute a minimum Rs4,000 (Dh 244) per annum towards the resettlement and rehabilitation fund.

The Indian Government will provide a contribution of up to Rs2,000 (Dh132) per year for male workers and Rs3,000 (Dh198) per year for women workers for up to either five years or until the worker returns home, whichever is earlier.

A worker contributing a minimum of Rs4,000 (Dh 244) per annum for at least five years towards this fund, could get at least Rs30,000 (Dh1,980) after going back home, according to the Ministry of Overseas Indian Affairs. The money from the fund will be invested in mutual funds so the benefit may go up depending on the profits earned from mutual funds.

The old age pension fund requires a contribution of between Rs1,000 (Dh66) and Rs12,000 (Dh792) per annum. They will derive corresponding benefits when they go back home and during their old age.

The worker will get a monthly pension when he/she is 60 years old. The amount of monthly pension depends on the amount deposited in the pension fund. The worker will get at least 9 to 10 per cent profit based on current estimates.

In this case also, the benefit may go up in proportion to the profits from the mutual funds, according to the Indian ministry.

Dubai visitors can get entry visa on mobiles now

General Directorate of Residency and Foreigners Affairs – Dubai initiates M-Visa service.According to a report in Gulf Today, people can apply for entry visa on the website of the General Directorate of Residency and Foreigners Affairs – Dubai and receive the visa as an SMS to their mobile

The new service is part of the smart government initiative launched by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.

The paper quoted Major General Mohammed Ahmed Al Marri, Director-General, GDRFA, as saying that the directorate has applied the mobile visa (M-Visa) service for its residents.

The GDRFA completed 35,100 transactions last year up until the first quarter of this year, Al Marri added.

Sunday, May 26, 2013

Illegal Dubai residents to pay overstay fines monthly instalments


 Dubai: Illegal residents who cannot pay their overstaying fines are being urged by authorities to take part in a system that allows them to pay their fines in monthly instalments.

Residency prosecution officials with the General Directorate for Residency and Foreigners Affairs in Dubai (GDRFA) started Maysara programme in 2011 to allow those found guilty by the Residency Court of Misdemeanours to pay fines in instalments.
Maysara, an Arabic word which means making things easier, allows illegals who are penalised by the Residency Court of Misdemeanours to make payments on their fines within up to two years.
“Maysara has come to make the life of those, convicted by the court and fined, easier. Hundreds of the requests of convicts to install their fines have been approved by the court in the past two years. Their total sum of fines reached several millions of dirhams,” a senior official from the General Directorate for Residency and Foreigners Affairs in Dubai (GDRFA) told Gulf News.

“Convicts, who are fined more than Dh50,000 by the Residency Court of Misdemeanours can pay their fines through Maysara system,” the official said.

He said convicted persons who received hefty fines for violating the residency law by hiring illegal workers or absconded can make use of this service.

The official said Maysara was introduced to make the process of collecting the fines easier, especially convicts who cannot afford paying their fines in full amounts.

The official said that Maysara also helped in reducing the number of detainees who are fined by to remain in custody until the pay the fines in full.

“For convicts to benefit from Maysara, they themselves, their relatives, well-wishers, or legal representatives can lodge a request at Dubai Public Prosection website to have their fines installed.”

It is required to pay part of the fine as decided by the Residency Public Prosecution.

“The request will be approved by the head of Residency Prosecution or the Attorney General or his representative. The conditions for a convict to benefit from Maysara are that the ruling should be irrevocable and that the convict is financially incapable of paying the fine in full.

“The convict will be asked to sign an undertaking to commit to the instalments. The convicts should also make available a guarantor who will commit to paying the fines in case the convict failed to do so.”

The official said any application submitted to make use of Maysara must be written in Arabic.

“Applications written in any other language rather than Arabic will be rejected,” the official said.

Wednesday, May 22, 2013

Clients can file cases in Dubai Courts online

Dubai Courts has officially launched three innovative online services aimed at saving time and effort, and facilitating the work of litigants.

The services are online registration of cases, access to the archive of case files and pro bono legal advice, according to a press statement from the Dubai government on Tuesday.The initiative is in line with Dubai Courts’ strategic vision towards ‘leadership in court performance’. The services were officialy launched during a ceremony held in the presence of  Dr Ahmed Saeed bin Hazeem, General Director of Dubai Courts, heads of courts, heads of departments, the chairman of the UAE Jurists Association, and a number of key lawyers.

Speaking on the occasion, Dr Bin Hazeem stressed the importance of the strategic partnership between Dubai Courts and law firms in Dubai, which aims to achieve justice and assist in the task of litigants to access their rights.

He said, “Dubai Courts is always keen on excellence and leadership, and aims to provide innovative and modern procedures, along with meeting the needs of litigants. Hence, an online service programme has been launched under the name ‘Al-Salfa’, allowing online case registration without the need to be physically present on the courts’ premises.”

He added: “The first-of-its-kind in the Middle East, this service allows law firms and all litigants to register cases electronically, record every detail, upload identification papers, and send them to Dubai Courts online.”

The testing of this service programme began on February 1, and was made available to law firms on an optional basis. Owing to its successful testing, the programme will become mandatory from June 1 so that all cases presented to the Dubai Courts can be registered online from anywhere in the world.

The second service programme allows plaintiffs to access file archives online and print information about their cases, judgements, decisions and other information, without the need to visit the courts to acquire the papers.

The Dubai Courts director-general said the courts department, in collaboration with strategic partners, has also launched a pro bono legal advice programme titled ‘Sure’, where volunteering lawyers can offer free legal consultations to litigants. This policy is aimed at boosting confidence in the judiciary and facilitating litigation for the public.

Director of the Cases Service Department Mohammed Al Obaidli stressed the strategic importance of these e-services, especially the ‘Al-Salfa’ programme.

He emphasised that the service will particularly save time for litigants, consequently increasing the efficiency of work and quality of service provided.

The exploitation of advanced systems, procedures and technologies to achieve speed and accuracy in case registration will help to directly fulfil the general requirements of the Dubai Courts.

Dubai Courts also honoured the chairman of the UAE Jurists Association, the law firms co-operating with the Dubai Courts, 46 lawyers who volunteered to provide advice and offered nearly 670 hours of free consultations, and ‘Al-Salfa’ programme users.

‘Al-Salfa’ is a well-known term in Emirati heritage, and refers to a person who acted as a judge in the past. — Wam

Tuesday, May 21, 2013

Bank statement required to sponsor family in Dubai

Dubai: Residents wishing to sponsor family members in Dubai now have to submit their bank statements to the residency department.The move is to ensure people on very low salaries do not bring their families into the emirate.
According to new rules set by the General Directorate of Residency and Foreigners Affairs in Dubai (GDRFA) all those applying for a new residency visa for their families must provide a bank statement showing their monthly salary.
Illegal action
“Those who wish to bring their family members to Dubai on a residence visa must present the GDRFA with the sponsor’s bank statement,” a senior official said.
At least three months’ bank statements are required for those who have already been living here and want to bring their families to the UAE and at least one month’s salary statement or a bank letter confirming the salary transfer for those new to the country and who want to sponsor their families. The rule does not apply for those renewing visas for their families.
He said that previously applicants had to submit a labour contract showing their salary and a salary certificate from the company. The official said this was no longer enough and bank statements were also required.

He said this step had been taken because some people had been submitting a salary certificate or labour contract which showed a higher salary than they actually received.
“We have seen some illegal action involving companies giving their employers salary certificates which state a higher salary than the one they are receiving to help them bring their families here,” the official said.
“Such behaviour is unacceptable,” he added.
“We have come across cases in which the salary of a person who wants to sponsor his family was less than Dh2,500 but they provided us with a salary certificate for Dh10,000,” he said.
“We are asking for a bank statement in order to avoid this happening,” he said.

Medical certificate
He said a bank statement is required only from those applying for a new residence visa for their families.
Those renewing their family’s residency visas are not required to submit bank statements. A bank statement is also not required from those applying for a visit visa for their family members.
The official said new residency visa application will not be accepted without a supporting bank statement.

“People need a proper amount of money in order to live. How can a person bring families here if they earn very low salaries?” the official said.

Those who want to bring their spouse, children, or parents on humanitarian grounds are required to undergo the necessary procedures, including submitting a medical certificate for family members over 18. They must submit their labour card, a copy of their employment contract and salary certificate in addition to their bank statement and tenancy contract, which should be in the name of the applicant, and also an ID card.
The sponsor’s salary should be at least Dh4,000 a month plus accommodation. A salary of Dh10,000 is required if a person wishes to sponsor their parents.

Monday, May 13, 2013

UAE Cabinet approves regulations for the public revenue

Shaikh Mohammad Bin Rashid chairs the cabinet meeting with (from left) Shaikh Mansour Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs; Lieutenant- General Shaikh Saif Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Interior; Mohammad Al Gergawi, Minister of Cabinet Affairs; and Shaikh Hamdan Bin Rashid Al Maktoum, Deputy Ruler of Dubai and Minister of Finance.
The UAE Cabinet on Sunday approved executive regulations for the public revenue federal law, which aim to increase transparency and enhance the accountability process pertaining to these funds.

“The main goal behind the continuous development of legislations and financial systems aims to establish a foundation and fiscal policies for the ideal usage of public revenue,” said His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, as he chaired the Cabinet meeting held on Sunday at the Presidential Palace.

The regulations for Federal Law No. 1 of 2011 were approved during the Cabinet meeting also attended by Shaikh Mansour Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs, and Lieutenant General Shaikh Saif Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Interior.

The regulations will coordinate fiscal policies, strengthen the capabilities of legislations and financial systems to support the general budget of the UAE, and specifies the rights and jurisdictions of federal bodies for collecting fees and revenues.

The regulations also aim to monitor revenue collection to achieve transparency in these funds. The regulations specify a mechanism for returning revenues, and mandates bodies to implement strategies to develop sources of public revenue.

Tuesday, May 7, 2013

Health Insurance For All-Employers cannot recover any health insurance cost; new law coming in UAE

Any employer who does not provide health insurance for his employees will be fined Dh10,000 – or more - per uninsured employee under his sponsorship, according to a draft federal law on insurance.Accordance to the draft federal law for health insurance, the sponsor will be committed to guarantee health insurance coverage for each person under his sponsorship, reported Al Ittihad newspaper.

Also, any employer who tries to recover any portion of the health insurance policy cost from the person under his sponsorship - will be fined a minimum of Dh10,000 and up to Dh30,000.
Any insurance firm, health service provider or insurance services provider, which works in the health insurance field without a licence from Health Authority and competent authorities, will be fined not less than Dh100,000 and not more than Dh500,000 per case.
Whoever provides incorrect information to anybody with the intent to obtain a service or benefit from health insurance, will be fined between Dh10,000 and Dh30,000.
Also, anybody or firm, which does not maintain the confidentiality of information, data and files and records of the beneficiaries of health insurance services, will be punished by a fine of not less than Dh50,000 and not exceeding Dh200,000.
New Authority
According to the draft law, a new authority is proposed to regulate health insurance.The ministry staff will be designated by the Minister of Justice along with the head of the new authority. The authority will have judicial powers.

Staff of the authority will have the power to control and prove violations, issue regulations and decisions and implement them within the limits of their work and jobs.

The new authority, in coordination with the Ministry of Health and other health authorities, will develop a system to coordinate the transfer of benefits to the beneficiary in the case of transfer of coverage of health insurance to another provider.

Proof of Coverage
According to the law, the sponsor must submit proof of coverage of each beneficiary and submit that information electronically to relevant authorities.
The new law stipulates that the regulations will set out the conditions and the data required for proof of health insurance coverage.

Insurance Premiums

The draft law indicates that the health insurance authority have the power to fix the rates of the benefits offered by health service providers. They can only modify the rates after approval from the authority.

Health insurance companies can only amend the cost of insurance coverage contained in the basic health insurance contract - only after the approval of the Authority and in compliance with the terms and conditions prescribed by the law.
Also, health insurance providers, insurance companies and the third party management companies, have the right to hire doctors and other specialists to monitor and verify the extent to which health providers complied with the conditions and obligations of the contract.
The insurance company will bear the costs of health services provided to the beneficiary in accordance with the terms of the contract of insurance. The insurance company may request refund from any other insurance company responsible for such costs under the alternative insurance provisions.
Obligatory Service

All health services providers will be obliged to provide health services to any beneficiary who provides proof of coverage such as health insurance card.
Health services providers will also be obliged to continue to provide health services to the beneficiary during the coverage period notwithstanding any dispute among the health provider and insurance coverage.

According to the draft law, health authorities will have to provide health services to anyone with proof of coverage even though the person is not within the network of prescribed healthcare providers.
They are obliged to provide health care services in accordance with the professional and ethical standards adopted in the laws in force in the State.
Prohibitions
The draft law prohibits insurance companies to own or manage or participate in the management of the facilities of health service providers.
It also prevents health providers to own or manage or participate in the management of insurance companies.
However, there may be exceptions of this article through a decision from the Council of Ministers.
The draft law confines the licensing and accreditation mechanism to the proposed authority in coordination with the Ministry of Health and health bodies.