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

Tuesday, November 26, 2013

Health insurance made mandatory for all citizens in Dubai

The long-anticipated health insurance law of Dubai has been approved. From next year, health insurance will be mandatory for all citizens, residents and visitors to Dubai.

His Highness Sheikh Mohammad bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, yesterday approved the Health Insurance Law which stipulates rules and regulations for all parties involved in provision and implementation of health insurance in the emirate.

The fundamental basis of the law is to ensure that every national, resident and visitor in Dubai has essential health insurance coverage and access to essential health services.

“The law is fundamental to ensure smooth delivery of essential health insurance to everyone living in the Emirate, which roughly means over three million people, including nationals and residents with Dubai visas,” said Issa Al Maidoor, Director General of the Dubai Health Authority (DHA).

“It will not be possible to be in the emirate without health insurance. Residents will not get a visa without health insurance,” he added.The law stipulates the roles and responsibilities of all the stakeholders involved in the provision and implementation of health insurance.

While the government will be responsible for health insurance of UAE national, employers will be responsible for all their employees. Domestic workers will not be excluded from this scheme, the DHA emphasised.

Spouses of residents in Dubai must be insured by the sponsor of the spouse and not by the employer of the sponsor.  Visitors to Dubai will get health insurance upon entering the country.  Two million people are currently not insured, according to DHA estimates.

“We would like to thank Sheikh Mohammed and we are committed to fulfill his vision and ensure that every individual in Dubai has access to essential health coverage. Health insurance is a form of security and it is important for every individual to know that if he needs access to healthcare, it is easily available,” said Al Maidoor.Essential health coverage means insurance that ensures access to basic healthcare. At the same time, it should not put a burden on the employer, explained Haidar Al Yousuf, Director of Health Funding at the DHA.

Although emergency  and surgical services and maternity care will be included in the basic package, dentistry will not be on the list of essential health care services. “It is a smartly designed package, providing for basic services. Obviously, it does not include luxury services like cosmetic treatment. It provides the patient with basic needs,” Al Yousuf said.

Preventive health care, which has been the blind spot of health insurance, is not part of the basic package, but this is likely to change with the introduction of this law.

“We definitely encourage more and more preventive care to be provided by insurance companies. As the insurance market becomes more mature, companies are expected to stay with insurance companies longer. Insurance companies may then feel comfortable to provide preventive benefits,” said Al Yousuf.

Insurance companies will be permitted to offer competitive packages, with an expected average price tag of Dh600. Companies may also offer varying co-payment possibilities.  However, there is a minimum requirement for the co-payment cap, explains Al Yousuf.

“The co-payment cap is the maximum amount that the patient pays out of the pocket. Anything above this amount should be paid by the insurance company. The minimum requirements of this cap have been made clear to the insurance companies. Currently, there are more than 40 insurance companies approved by the DHA, and the details of the basic packages have already been communicated with these companies. They will be announcing their packages soon,” the DHA said.

Sustainable health care

The health insurance law rests on two pillars. Apart from providing residents with access to basic healthcare, it develops an effective and sustainable health financing system, says the DHA .

“Depending on the insurance companies’ policies, health care will be available at public as well as private hospitals. Public hospitals will act as private hospitals in providing health care to insured patients. The idea is that patients are not bound by financial considerations when selecting the health care of their choice. They will be able to select the services they find most attractive,” explained Al Yousuf.

“We looked at some of the worlds’ best practices and some regionally applied systems. Of course we want the best health care system. What is unique about this law is that it does not only provide access to health care services, but it also ensures quality of these services.

“All parties will be encouraged to perform slightly better, and the results of this will be published. This transparency will guarantee that the focus of health care is on quality, and not only on price,” he added.

The law will go into effect 60 days after signing of the law, but the implementation is expected to be done over a period of two and a half years in phases.  All parties will be expected to comply with the law within a year.

Though details of insurance responsibilities are to be announced to the public soon, some highlights were announced by the DHA on Tuesday.

Residents

For residents in Dubai, the law stipulates the responsibility of the employer to provide with the minimum of a basic health insurance package based on their current health insurance policy.

In doing so, the company must bear the full costs of the procedure and these costs may not be deducted from the beneficiaries.  It is expected that of the total amount spent on salaries, 1.5 per cent will be spent on the insurance scheme providing the basic health insurance coverage, explained Al Yousuf.

As the insurance coverage is linked to residency, companies are obliged to show sufficient evidence of insurance coverage when residence visa are to be renewed.

The insurance contract may not always cover the same period as the residency period. If it happens that due to this the employee is not covered by health insurance and medical treatment is required, the company must bear the full costs of the healthcare services provided.

UAE nationals

UAE nationals will receive insurance cards to replace the existing Dubai Health Authority (DHA) health cards that provide coverage for healthcare services and preventive care. “They will continue to have access to all current healthcare services provided by the DHA and various private healthcare providers,” said Al Yousuf.

Visitors

On entering Dubai, the visitor will be required to purchase health insurance. “The costs of this health insurance package will be very low, covering only emergency cases,” said Al Yousuf.

The costs of this health insurance coverage will be included in the costs of a visa, explained Al Maidoor. “We do not want to duplicate the procedure, we want to simplify it,” he said.

Violations

Violators of the Health Insurance Law  will be fined a minimum of Dh500 and a maximum of Dh150,000. If the violator repeats the violation in the same year, the fine will be doubled, although the fine may not exceed Dh50,000.  In addition to the fine, the DHA may issue a warning and suspend the company’s health insurance activities within the emirate for not more than two years, or cancel the health insurance permit. The violation may also result in civil or criminal cases.

Sunday, November 24, 2013

Complete your property transaction in Dubai within 12 minutes-Developers get authority from Land department

Dubai developers will now be able to register property transactions and complete them in mere 12 minutes compared to seven days required previously.Dubai Land Department (DLD) tweeted, saying, “The LD has granted developers the authority to register property transactions. However, the department will carry the auditing process and issue the contracts.”

The department added: “Now your transaction can be completed in just 12 minutes instead of 7 days.”

According to DLD, it has successfully achieved a “new” record in saving the client’s effort and time, achieving its objective of offering client satisfaction, transparent transactions and internationally premium real estate services.Real estate agents say these are primary market transactions between the first purchaser and developer.

Already in July, DLD had launched “registration trustees” service for the secondary market sales, allowing customers to complete transactions outside official working hours through licensed legal offices. The service, however, costs Dh4,000 per transaction.

The department also got a pat on its back when World Bank’s 2013 Doing Business Index ranked it has the fourth best in the world for ease of real estate and property registration. A year back, it was placed at number 12 globally by the same index.

DLD Director-General Sultan Butti bin Mejren said in September that total property transactions crossed Dh162 billion in the first nine months of 2013 compared to Dh90bn same period last year.

Dubai raised registration fee from 2 per cent to 4 per cent of the property value from October 6 aimed at eliminating speculators and controlling price volatility.

Friday, November 22, 2013

Abu Dhabi scraps five per cent rent cap

Abu Dhabi has removed the annual five per cent cap on rent increases, according to a resolution issued on Thursday.
The resolution issued by the Abu Dhabi Executive Council annuls the yearly rent increase and rent contract extensions from November 10, a WAM report said.
Analysts say the rents will now be determined by the market forces and the location and the neighbourhood of the buildings.
The change in rental laws comes as the property market in the capital has picked up pace.

Sunday, November 17, 2013

Rental Dispute Settlement Centre operational today in Dubai

Sultan Butti bin Mejren, Director General, DLD
The Rental Dispute Settlement Centre, the judicial arm of the Dubai Land Department (DLD), begins operations today.

Established by Decree No 26, 2013, issued by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of UAE and Ruler of Dubai, the settlement centre will be based at the department’s head office.Working hours will be 7:30am to 2:30pm and then from 4:30pm, according to the DLD.
Promising speedier resolutions to property disagreements, Sultan Butti bin Mejren, Director General, DLD, said, in a statement, "The opening of the new rental disputes settlement centre is a move aimed at delivering an improved level of services to DLD’s clients.“It will allow us to address disputes occurring from real estate issues in a timely and professional manner consistent with the department’s highest standards.”

“We have already recruited 48 legal experts for the centre,” he had said.The settlement centre has to resolve most of disputes in a maximum of 30 days.

According to the Article 16 of the decree, all committees will have to judge all rental lawsuits within a period not exceeding 30 days from the date of referral of the case to them.The deadline may, however, be extended in accordance with the rules and procedures adopted by the chairman of the Centre in this regard.

Free zones included
The settlement centre will handle all disputes arising between leaseholders and tenants located in the emirate, including its free zones.

Either party is able to file a claim with the centre and can request temporary judgments or interim relief.

They can also appeal decisions made by the centre, which implements its judgments on disputes. Judge Abdul Qader Mousa has been appointed as head of the centre.

"The Rental Disputes Settlement Centre will provide transparent resolution services that have been designed to help all parties to work and live in Dubai in an environment governed by clear rules,” said Mejren.

10 committees

In September, Mejren had said that the centre will have 10 committees, out of which eight will be committees for cases of first instances, and two for appeal.
Earlier judgments passed by Dubai Municipality Rent Committee were final and could not be appealed. The settlement centre allows an appeal only in cases where the value is over Dh100,000.In other cases, all judgments are considered final and not subject to appeal.

Fees

No fee details were given, but Mejren had said earlier the centre will charge 3.5 per cent of the annual rent as fees, similar to the fee charged by Dubai Municipality Rent Committee.

“The fee will remain the same as charged earlier by the Rent Committee for a few months until the centre revises it, if need may be.”
The settlement centre’s scope of practice does not cover rental disputes arising within Dubai’s free zones, which have their own judicial committees, or special courts, to adjudicate in such matters.

Moreover, its authority does not extend to disputes arising from contract leasing, as well as those arising from long-term leases covered by the provisions of Decree No 7 for the year 2006, which pertains to real estate registration in Dubai.

Thursday, November 14, 2013

New residence visa rules in UAE -Dh20,000 salary must to sponsor parents

The new ruling requires applicants to provide evidence of either having a minumum salary of Dh20,000 or a monthly pay of Dh19,000 plus a two-bedroom accommodation. The development has left many long-term residents here at their wits’ end.
Earlier rules
According to earlier rules (in place until a few weeks ago), someone able to provide proof of a monthly salary of Dh10,000 or Dh9,000 per month plus accommodation should have been able to sponsor either set of parents on a permanent basis
The minimum salary seems to be the only clause updated by the Ministry of Interior’s General Directorate of Residency and Foreigners Affairs in the new list of pre-requisites for those seeking to obtain long-term stay for their parents under ‘Humanitarian Cases’.
A Dubai Naturalisation and Residency Department (DNRD) official confirmed this .
Residents wanting to sponsor their parents must also furnish proof that they are living in a an apartment that has a minumum of two bedrooms.The tenancy contract should be officially attested. Similarly, the labour contract bearing proof of salary must be attested by the Ministry of Labour.
An applicant must also pay a deposit of Dh2,000 per parent after seeking approval for sponsorship from the special committee that handles such cases.As in the past, expats must also provide documents to prove that their parents are entirely dependent on them and that there is no one to take care of them back home.

This has to be certified by a letter from the embassy or consulate of the applicant’s home country.It’s not immediately clear how the new rule will impact expats whose parents are already in the UAE on residence visas.

Monday, November 11, 2013

Get Dubai immigration token sitting at home - The General Directorate of Residency and Foreigners Affairs – Dubai and Du signed MOU

No more do you have to wait in long queues at the Department of Immigration and Naturalisation in Dubai as 'smart queuing' will become a reality.

The General Directorate of Residency and Foreigners Affairs – Dubai and Du signed a Memorandum of Understanding (MoU) during the Gitex Technology Week 2013, to develop a smart app, among other areas, to simply a visit to the Directorate.
Smart queuing will be realised through time slots that can be booked by people who plan to visit the Directorate.
In order to get a token, you must select the purpose for which you plan to visit the Department, explained an official. Based on the number of people who have booked a time slot before you, you will be given a timeslot during which you are expected to visit the Department.
The timeslot can only be given on the same day of the request, and a new smart queue will be formed every day.
"This means you should be able to come to the Department on the same day, otherwise you should not book the time slot," said the official.

"We already have a queuing system in place, but the app enables customers to get a token for the queue online," explains Colonel Khalid Nasser Al Razooqi, General Director of the E-services Sector.

"The estimated time slot is based on the calculation of the average time each request is handled with. This is different for each service required, but it is never longer than 3 minutes."

Apart from the token, a general list of requirements will be provided based on the request, which will help customers prepare better for their visit to the Department.

The same information is available on the website, and customers can call the customer service desk to inquire about the required documents if they are not sure, said the Colonel.

“We are proud to support the vision of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, by making the General Directorate of Residency and Foreigners Affairs – Dubai a smart establishment, with full m-government accessibility for everyone within the UAE,” said Major General Al Marri, Director of General Directorate of Residency and Foreigners Affairs – Dubai.

“Through this collaboration, we aim to make our customers’ interactions even more streamlined, by rolling out various features that will add to their experience in a positive way.”