59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: February 2017

Monday, February 27, 2017

New law will see justice dealt out of court in Dubai

Minor cases will soon be settled quickly outside court as part of a new law intended to streamline judges’ workloads.

In some misdemeanour cases such as low-value bounced cheques or drinking alcohol without a licence, prosecutors can issue an order similar to a court’s verdict and issue fines of about half the amount a court would have imposed.

The law will come into effect within three months and follows the success of a one-day court in Ras Al Khaimah, which has led to some cases being resolved in less than an hour.

Plaintiffs go directly to the judge’s office at RAK Courts to press charges, summon their opponents and receive a verdict as quickly as possible.

The new law will not apply to all types of misdemeanours.

Dubai’s attorney general is drawing up a list of petty crimes that prosecutors will be able to handle quickly.

Once issued, a judicial order can either be accepted or rejected within a week by those involved. If the order is rejected, both parties can insist on having the case referred to court.

Senior prosecutors will be assigned by the attorney general to revise all judicial orders and amend or cancel them within seven days.

The new law says the aim is to "secure speedy settlements that are in line with the legal process, curbing the number of criminal cases referred to court and to simplify legal procedures and save time, as well as effort and costs".

Judge Ezzat Abdullah praised the law as a great addition that would noticeably reduce the number of cases heard in courtrooms every day.

Yousef Al Bahar, from Al Bahar Advocates, said similar laws had been introduced in other Arab countries.

"This will contribute to further take Dubai towards excellence," Mr Al Bahar said.

Emirati lawyer Eman Al Rifaee agreed: "This is great. Some cases are not worth taking to court and this will free judges to handle other cases without being tight on time owing to a large number of cases they hear every day."

Wednesday, February 15, 2017

Unified rental contract from March 2017 in Dubai



From next month March 2017 onwards, all of Dubai's property lease contracts will have a unified structure, according to the Land Department. The "Unified Lease Form" is designed to "regulate relationships between all parties involved in such transactions and guarantees the rights of all parties," the agency said.

Landlords will have to download and print contracts from the Ejari website and must provide assurance that all items included within are based on a legal framework that regulates the transactions. Items within the contract will thus be governed by applicable laws, including those related to rents.

If any omissions are subsequently found, there is provision for penalties to be applied. Parties to the contract agreement should agree on the items before signing the lease.

According to Hamdan Al Madhani, Director of Rental Relations Regulatory Department, “The applied unified lease form primarily depends on the legal system, and having unified contracts between the parties guarantees the rights of all stakeholders involved.

“The Rental Affairs Sector carries the responsibility to apply the new unified lease contract, in addition to registering leases and tracking the real estate index."

As per Law No. (26)  (under clause No. 16), the landlord is responsible for maintenance repair, and repair of any damage or defect that may affect the well-being of the tenant within the premises, unless otherwise agreed.

Therefore, there cannot be a clause forcing the responsibility on one party alone. Law No. (2) is one of the references used to draft the unified contract. The document also refers to Law No. (33), which regulates the relationship between landlords and tenants, specifically clause No. (25), which specifies the cases that enable the landlord to request an eviction.

These can include subleasing of the property, or in the case of using the property for carrying out prohibited or illegal activities.

Tuesday, February 14, 2017

India Goverment discontiued pension scheme for NRIs

Pension scheme for Indian workers living abroad has been discontinued by the Government of India citing poor response.

The scheme, Mahatma Gandhi Pravasi Suraksha Yojana (MGPSY), was launched in the UAE in 2012 in its pilot phase before introducing it in 16 other countries. The objective was to encourage and enable the overseas Indian workers by giving government contribution to saving for their return and resettlement (R&R), save for their old age, obtain a life insurance cover against natural death during the period of coverage.The foreign office is discontinuing three initiatives - a pension-cum-life insurance scheme, short-term academic courses, and a business opportunities platform - a year after it took charge of overseas Indian affairs, according to a report in The Telegraph.

The pension scheme was the only initiative representing the blue-collar workers living abroad but it failed to attract a huge number of subscriptions. Officials speaking to The Telegraph attributed the lack to demand to the refusal of both, the current Narendra Modi administration and the former Manmohan Singh government to popularise the scheme.

According to the scheme, if a male subscriber deposits Rs 5,000 annually under the scheme (Rs 1,000 through the National Pension System and Rs 4,000 through the UTI Monthly Income Scheme) he would stand to receive Rs 1,000 from the government as a contribution towards his pension and Rs 900 towards the MIS each year. Women could avail Rs 2,900 as government contribution annually (Rs 2,000 for the pension and Rs 900 for the MIS.)

The scheme also sheltered the subscribers with free cover from the Life Insurance Corporation of Rs 30,000 in the case of natural death, Rs 75,000 in the case of unnatural death or permanent disability due to an accident, and Rs 37,500 for partial disability.

The investment had to be made for five years or the duration of employment abroad, whichever is shorter. Once back in India, the worker would get the total sum in their MIS account, coupled with the interest earned, as a lump sum. The pension remains in their account, accruing interest till the worker turns 60 and they can avail the money monthly.

Monday, February 6, 2017

New entry visa system implemented in UAE

A new entry visa system aimed at attracting qualified and talented professionals to the UAE was approved by the Cabinet on Sunday.

Sheikh Mohammed bin Rashid, Vice President, Prime Minister and Ruler of Dubai, said the scheme would be carried out in phases, starting with tourism, health and education visas.

The second phase will involve reaching out to talent in the fields of medicine, science and research, among others.

Sheikh Mohammed ordered the setting up of specialised committees to prioritise these sectors and put forward a plan to attract regional and global talent.

A dynamic lifestyle, practical financing policies and a full-fledged infrastructure are some of the benefits offered to professionals and multinational companies in the UAE.

"Future prosperity lies in the creative minds of our people. Investing in people is an investment in our economy and success," Sheikh Mohammed said.

"The UAE is a country of vast opportunity. We aim to provide a tolerant environment that can nurture potential and support outstanding talent."

The new visa system will be implemented in several phases. The first phase will include issuing entry visas for tourism, medical treatment and education. The second one will see the issuance of entry visas to attract innovative and inspirational entrepreneurs and exceptional experts in medical, scientific, research, technological and cultural domains.

Shaikh Mohammad issued instructions to set up special committees to determine the most important sectors that will be designated for the issuance of visas. The committee will develop a plan to draw in the most important and exceptional skilled individuals, regional as well as global.

The new visa system will give a big boost to tourism, health and education sectors by enhancing the UAE’s competitive excellence on the global stage. The conducive environment and lifestyle, as well as financial facilities and sophisticated infrastructure, are the most important factors to lure extraordinary competencies and high skills. The system will offer new facilities for international companies to shift their headquarters to this country.