Empower Your Legal Strategy: Make the Most of UAE’s New 36-Month Policy in Civil Case

 One of my Clients has been involved in multiple civil cases in the UAE and has already served 36 months in jail. After being released from Sharjah jail, he was transferred to Ajman jail for another civil case. However, recent legal reforms in the UAE have capped the maximum imprisonment period for civil cases at 36 months. How can my client benefit from this new regulation? 

Sharjah Jail room

 Answer: To ensure your clients benefit from the recent legal reforms capping imprisonment for civil cases at 36 months, you should take the following steps:

1.     Consult with a Lawyer:

o   Local Expertise: Hire a local lawyer who specializes in civil law and is familiar with the recent legal reforms.

o   Case Evaluation: Have the lawyer review all the civil cases your friend is involved in and assess their current legal status.

o   Legal Strategy: Discuss potential legal strategies to leverage the new law and secure your friend's release.

2.     File a Petition or Appeal:

o   Legal Grounds: Your lawyer can file a petition or appeal based on the new law, arguing that your friend has already served the maximum 36 months and should be released.

o   Supporting Documentation: Gather all relevant documents, including court orders, jail records, and any evidence supporting your friend's case.

3.     Seek Legal Aid:

o   Eligibility: If your friend is unable to afford legal fees, explore options for legal aid or pro bono services.

o   Government Organizations: Contact the Abu Dhabi Judicial Department (ADJD) or other relevant government organizations for assistance.

o   Community Organizations: Consider reaching out to local NGOs or charitable organizations that may offer legal aid or pro bono services.

4.     Engage with the Correctional Facility:

o   Communicate with Authorities: Maintain open communication with the authorities at both Sharjah and Ajman jails to ensure they are aware of the new law and its implications.

o   Provide Necessary Documentation: Share copies of the new law and any relevant legal documents with the prison officials.

5.     Monitor the Case Closely:

o   Stay Informed: Keep track of any developments in your friend's case and any changes in the legal proceedings.

o   Consult with Lawyer Regularly: Maintain regular communication with your lawyer to discuss any updates or strategies.

Remember, the specific steps and strategies will depend on the individual circumstances of your friend's case. Consulting with a qualified lawyer is crucial to ensure that your friend's rights are protected and that he benefits from the recent legal reforms.

 Explore options for legal aid or pro bono services. how to access this service in UAE

There are several avenues to access legal aid or pro bono services in the UAE:

Government Initiatives:

·       Abu Dhabi Judicial Department (ADJD): They offer free legal aid services to low-income individuals, including legal representation in court, settlement of expert witness fees, and covering the costs of legal notices.  

·       Dubai Courts' 'Shoor' Program: This program provides free legal consultations with authorized law firms.  

·       Voluntary Legal Services Smart Portal: This online platform connects individuals seeking legal assistance with volunteer lawyers and legal consultants.  

Community Organizations:

·       Community Development Authority (CDA) in Dubai: They run a Legal Clinic that provides free legal consultations to Dubai residents.  

·       Local NGOs and Charities: Some NGOs may offer legal aid or pro bono services, particularly for specific vulnerable groups like women, children, or refugees.

How to Access These Services:

1.     Check Eligibility: Most programs have eligibility criteria based on income, residency status, and the nature of the legal issue.

2.     Contact the Relevant Organization: Reach out to the specific organization offering the service to inquire about the application process, required documentation, and any specific eligibility requirements.

3.     Prepare Necessary Documents: Gather all relevant documents, such as proof of income, residency, and details of the legal case.  

4.     Attend Consultations: Be prepared to attend consultations with lawyers or legal advisors.

5.     Follow the Application Process: Adhere to the specific guidelines and timelines provided by the organization.

Additional Tips:

·       Early Application: Apply for legal aid or pro bono services as early as possible to increase your chances of securing assistance.

·       Be Honest and Transparent: Provide accurate and complete information about your financial situation and legal needs.

·       Cooperate with the Legal Professionals: Follow their advice and instructions to maximize the effectiveness of the legal aid or pro bono services.

·       Explore Other Options: If you don't qualify for government-funded legal aid, consider seeking assistance from law firms that offer discounted rates or payment plans.

By understanding the various options available and taking proactive steps, individuals in the UAE can access legal aid or pro bono services to protect their rights and seek justice.

 

Unlock New Opportunities: UAE Extends Visa Amnesty by 2 Months

 This is great news for those overstaying their visas in the UAE. The extension of the visa amnesty program gives them more time to regularize their status or leave the country without facing penalties. It's a humanitarian gesture that allows people to correct their situation and avoid potential legal issues.

Here are some key points to remember:

• Extended Deadline: The new deadline for the visa amnesty program is December 31, 2024.
• Benefits: Overstayers can either leave the country without penalties or convert their visa into a residency visa if they have a job offer.
• Government Initiative: The UAE government is waiving millions in fines for overstayers, making it a more affordable process.

It's important for those affected by this to take advantage of this opportunity and resolve their visa status before the deadline.

Exciting New Visa Changes for Indians: Your U.A.E Travel Made Easy

 The UAE has recently introduced a visa-on-arrival policy for Indian nationals holding valid US, UK, or EU visas. This new rule offers easier entry for Indian travelers and enhances business opportunities between the two nations.

UAE

Here's a breakdown of the new rules:

Eligibility:

• Indian nationals holding valid permanent resident cards or visas from the United States, United Kingdom, or any European Union country.
• Indian passport holders with a valid US visa for at least six months.
• Indian passport holders with a valid US green card for at least six months.

Visa Type: 

• A 14-day visa on arrival: This visa is granted upon arrival in the UAE and can be extended by 60 days with a fee.

Process:

• Eligible Indian nationals will receive a 14-day visa-on-arrival upon their arrival in the UAE.
• The visa can be extended for 60 days by paying the applicable fees.

Additional Information:

• The visa is valid for a single entry.
• The passport must be valid for at least six months from entry.
• Other Indian passport holders will still need to apply for an e-visa through the online application process.

Are there any exceptions to this rule?

there are a few exceptions to the visa-on-arrival rule for Indian nationals in the UAE:

1. Previous Visa Violations: Individuals with a history of visa violations or overstays in the UAE or other countries may not be eligible for a visa on arrival.
2. Security Concerns: Those flagged for security reasons or on watchlists may be denied entry despite holding valid visas or residence permits from the US, UK, or EU.
3. Incomplete Documentation: Travelers who do not have all the required documents, such as a valid passport with at least six months of validity, may be denied entry.

It’s always a good idea to check with the UAE immigration authorities or the airline before traveling to ensure you meet all the requirements.

How can I check my eligibility before traveling?

 To check your eligibility for a visa on arrival in the UAE as an Indian national, you can follow these steps:

 Review Requirements: Ensure you meet the basic eligibility criteria:

Hold a valid visa or residence permit from the US, UK, or any EU country.

Your passport should be valid for at least six months from arrival.

Online Resources: Visit the official UAE government portal or the Federal Authority for Identity, Citizenship, Customs, and Ports Security (ICP) website. They provide detailed information and eligibility checks.

Airline Assistance: Contact your airline. Many airlines offer visa services and can confirm your eligibility based on your travel documents.

Embassy or Consulate: Contact the UAE embassy or consulate in your country. They can provide the most accurate and updated information regarding visa policies and eligibility1.

Travel Agencies: Consult with a reputable travel agency. They often have the latest information on visa requirements and can assist with the application process.

By following these steps, you can ensure a smooth travel experience. If you have any specific concerns or need further assistance, feel free to ask!

 

Ensure Peace of Mind: Simplify Wills and Asset Protection for Expatriates in the U.A.E

 UAE expatriates can register a will for their assets in both the Emirates and their home country. This is especially important if you have assets in both locations.  

U.A.E Will

Here's a breakdown of the options:

• DIFC Wills Service Centre: This is a dedicated service for non-Muslims in Dubai and Ras Al Khaimah. It allows you to register a will that covers both movable and immovable assets worldwide.  
• Dubai Courts or Abu Dhabi Judicial Department: These courts can also register wills for non-Muslims.  
• Home Country Embassy/Consulate: If your home country has an embassy or consulate in the UAE, you may be able to register your will through them.

It's crucial to consult with a legal professional to ensure that your will is valid and enforceable in both jurisdictions. They can advise you on the specific requirements and help you navigate the legal processes involved.

Additional considerations:

• UAE's Personal Status Law: This law allows non-Muslims to choose the laws of their home country for matters like marriage, divorce, inheritance, wills, and proof of parentage.  
• Conflict of Laws: If there are inconsistencies between the laws of your home country and the UAE, the laws of the place where the assets are located will generally apply.

What are the relevant laws?

In the UAE, non-Muslim residents can choose to apply the laws of their home country for marriage, divorce, inheritance, wills, and proof of parentage under Article 1 (1) of the Federal Decree-Law No. 41 of 2022 on Civil Personal Status. This law states:

“The provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) of Federal Law No. (5) of 1985 referred to above.”

Furthermore, a non-Muslim may register a will as per their choice under Article 11(1) of the UAE Personal Status Law for Non-Muslims, which states:

“A legator may leave a will with all his or her assets in the state to anyone of his/her choice according to the controls set out by the Implementing Regulations of this Decree Law.”

Additionally, the registration of wills for non-Muslim individuals may be in accordance with the provisions of Law No. 15 of 2017 Concerning the Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai. This includes:

• Article 3 of the Dubai Wills Law: “This Law will apply to all wills and estates of non-Muslims in the emirate, including in the Dubai International Financial Centre.”
• Article 6(a) of the Dubai Wills Law: “A register known as the ‘Register of Wills of non-Muslims’ will be created at the Dubai Courts and the DIFC Courts for the purpose of registering wills of non-Muslims.”

Moreover, Article 9(1) of the DIFC Wills and Probate Registry Rules provides the requirements related to the registration of non-Muslim wills. A non-Muslim resident of the UAE may register their will at DIFC in accordance with the DIFC WPR Rules.

DIFC wills may include the movable and immovable assets of the testator located in any part of the world under Article 11 of the DIFC WPR Rules, which states:

“A will may give or dispose of immovable and movable property, located in any part of the world, to which the testator is entitled at the time of his death, whether the testator became entitled to it before or after the registration of his will, and shall not govern succession to any other property.”

In Dubai, a non-Muslim individual may register their will in Dubai Courts, the Dubai International Financial Centre (DIFC), or the respective embassy/consulate of their home country based in the UAE if such service is provided. The contents of a will to be registered in Dubai Courts or DIFC may include, without limitation, the details of the executor(s) and/or beneficiaries of their investments, properties, jewellery, movable and immovable properties, shares in entities, bank accounts, credentials/passwords for their bank accounts, emails, social media, and other matters based in the UAE or outside the UAE.

Based on the aforementioned provisions of law, you may consider registering a will for your estate both in the UAE and your home country. This can be done through a Notary Public at the Dubai Courts, the DIFC Wills Service Centre, or at your home country’s Embassy/Consulate (if such registration is provided). However, it is advisable to seek advice from an independent legal counsel to further guide you.

 

 

Sharjah Introduces Tenant Protection: 3-Year Eviction Moratorium

 A new rental law announced on Monday mandates that landlords in Sharjah must ratify

Sharjah Ruler Dr Sulthan bin Muhammed AL Qasimi

contracts within 15 days of issuance. The new law addresses the conditions under which a landlord may evict a tenant from the leased property. Additionally, it defines the circumstances in which both parties can mutually agree to terminate their rental contract.

The law issued by Sheikh Dr. Sultan bin Muhammad Al Qasimi, Ruler of Sharjah and Member of the Supreme Council, specifies the conditions for eviction as follows:

1. Eviction Restrictions:
• Landlords cannot request tenants to vacate the leased property before the expiry of 3 years for residential use and 5 years for commercial, industrial, or professional use. Previously, landlords could ask tenants to vacate the property with a three-month eviction notice after getting permission from Sharjah Municipality.

The new lease law applies unless one of the following reasons is available:

A. If the tenant does not pay the rent or any instalment thereof within 15 days from the due date.

B. The tenant’s violation of any of his legal or contractual obligations and failure to remove the violation within 30 days from the date of notification by the landlord.

C. If the tenant assigns all or part of the lease contract or re-rents all or part of the leased property in violation of the provisions of this law and its executive regulations, without prejudice to the provisions of the transfer of ownership of the commercial premises stipulated by law.

D. If the tenant uses the rented property or allows others to use it for a purpose other than that specified in the lease contract or in violation of its terms or uses it for purposes that conflict with public order or public morals.

E. If the landlord wishes to demolish the rented property, rebuild it, or carry out comprehensive maintenance that makes it impossible for the tenant to be present in the property, in accordance with the conditions specified in the executive regulations of this law.

Meanwhile, if the landlord wishes to occupy the rented property for the purpose of residence for himself or one of his first-degree adult relatives, provided that the following occurs:

A. He shall not own another property suitable for housing within the municipality’s jurisdiction.

B. Notifying the tenant of the eviction request within a period of not less than three months from the date set for the eviction.

C. That the landlord himself or one of his first-degree adult relatives actually occupy the leased property within two months after it has been vacated by the tenant and for a period of one year without interruption.

2. If the landlord does not comply with the conditions outlined in paragraph E of this article, the tenant shall have the right to claim compensation for the damage he suffered as a result of the eviction before the centre.

The law states that if the landlord refuses to accept the rent payments or does not specify a location for payment, the tenant can deposit the rent or instalment with the designated centre, as long as he/she follows the guidelines in the law's executive regulations. In case the landlord or tenant hasn't agreed on the method or date of payment, or if proving such an agreement is difficult, rent will be paid in four equal instalments spread throughout the lease term.

Termination of Contract

The new law also defines the termination of the rental relationship as follows:

1. Transfer of Ownership: The rental relationship does not end, and the tenant is not harmed by the transfer of ownership of the leased property to a new owner, regardless of the method or reason for its transfer. The new landlord cannot request the tenant to vacate the property or increase the rent except under the provisions of this law and its executive regulations. The new lessor replaces the previous lessor in all rights and obligations of the lease contract.
2. Death of a Party: The rental agreement does not automatically end if one of the parties dies, except when the tenant dies and their heirs request to terminate the contract. In such cases, the contract can only be terminated 30 days after the landlord is notified or when the contract naturally expires, whichever comes first.
3. Early Termination by Tenant: For fixed-term rental contracts, a tenant may request early termination if they can prove that unexpected or exceptional circumstances have made it difficult to fulfil their obligations. If the landlord refuses this request, the tenant can take the matter to the relevant authority, which will then evaluate the situation. If the contract is terminated early, the tenant must pay the landlord at least 30% of the rent for the remaining contract term, unless both parties agree to a different arrangement.

Rent Increase

1. Initial Period: Landlords cannot increase the rent until three years have passed from the start of the rental agreement unless both parties mutually agree to a change. If a tenant accepts a rent increase within those three years, the landlord cannot raise the rent again for another two years.
2. Fair Rent Value: After the initial period, any rent increase must reflect the fair rent value, as determined by the law’s executive regulations, outlining how to calculate this fair rent. The governing council may also amend these time frames through a formal decision.

I hope this helps! Let me know if you need any further details 

Expats -Unlock New Opportunities: U.A.E Amnesty Period Starts September 1

 When is the amnesty period?

s

The amnesty period, which exempts violators from financial fines and administrative restrictions, will commence on September 1, 2024, and will last for two months.

From left: Major General Sultan Yusuf Abdul Rahman Al Nuaimi, Director-General of Residency and officials

Who can benefit from the amnesty?

1.    Residency Violators: Individuals holding a residence permit in the illegal residence category after the grace period has ended, or whose permits have expired or been canceled.

2.    Visa Violators: Individuals holding a visa after the specified period of stay has ended.

3.    Absconding Cases: Those listed in the administrative lists of ‘Report of Interruption of Work’.

4.    Foreigners Born in the Country: Those whose guardians have not confirmed their residence within four months from the date of birth.

Who is not eligible for the amnesty?

1.    Residence and visa violators after September 1, 2024.

2.    Those on the list of work interruption reports (absconding) after September 1, 2024.

3.    Deportation cases – individuals deported from the country or the Gulf Cooperation Council (GCC) countries.

Benefits of the Grace Period

1.    Exemptions from Fines:

o   Administrative fines for illegal stay.

o   Establishment card fines.

o   Identity card fines.

o   Fines for not providing the Ministry of Human Resources and Emiratisation (MOHRE) with an employment contract.

o   Fines for not renewing an employment contract with MOHRE.

2.    Exemption from Fees:

o   Residence and visa cancellation fees.

o   Work interruption report filing fees.

o   Departure fees.

o   Residence and visa details fees.

o   Departure permit fees.

3.    No Entry Ban:

o   Violators can leave the country after settling their status without any administrative restrictions that prevent their return, and without a ban stamp.

How to Apply

Applications for the amnesty can be made through the ICP website (icp.gov.ae). You will only need to visit a service center once you receive a message for registering your biometric data.

Fingerprinting/Biometric Requirements

If you wish to leave the country, there are two scenarios:

1.    If you have previously completed biometric fingerprinting, a request for an exit permit is submitted, and the permit is issued directly.

2.    If you have not completed biometric fingerprinting, you will be directed to a specified fingerprinting center (for those aged 15 years and above). The procedures will be completed, and the exit permit will be issued.

Approved Biometric/Fingerprinting Centres

·       Abu Dhabi: All service centers with biometric fingerprint capture devices in Al Dhafra, Sweihan, Al Maqam, and Al Shahama.

·       Dubai: Al Aweer Service Centre.

·       Other Emirates: All service centers with biometric fingerprint capture devices.

Duration of the Exit Permit

The exit permit is valid for 14 days, within which you must exit the country. All previous fines and restrictions will be reinstated if departure is not possible within the deadline or if the permits expire outside the specified exemption period.

Does the amnesty include people who entered the country illegally?

No, the amnesty does not include infiltrators. They must review their case with the Department of Residency and Foreigners Affairs.

How to Apply for the Amnesty

You can apply for the amnesty through the ICP website (icp.gov.ae). You will only need to visit a service center once you receive a message to register your biometric data.

Fingerprinting/Biometric Requirements

If you wish to leave the country, there are two scenarios:

1.    Previously Completed Biometric: If you have already completed biometric fingerprinting, you can submit a request for an exit permit, which will be issued directly.

2.    Biometric Not Completed: If you have not completed biometric fingerprinting, you will be directed to a specified fingerprinting center (for those aged 15 years and above). Once the fingerprinting procedures are completed, the exit permit will be issued.

Approved Biometric/Fingerprinting Centres

·       Abu Dhabi: All service centers with biometric fingerprint capture devices in Al Dhafra, Sweihan, Al Maqam, and Al Shahama.

·       Dubai: Al Aweer Service Centre.

·       Other Emirates: All service centers with biometric fingerprint capture devices.

Duration of the Exit Permit

The exit permit is valid for 14 days, within which you must exit the country. All previous fines and restrictions will be reinstated if departure is not possible within the deadline or if the permits expire outside the specified exemption period.

Does the Amnesty Include People Who Entered the Country Illegally?

No, the amnesty does not include infiltrators. They must review their case with the Department of Residency and Foreigners Affairs.

Where can I go to raise inquiries?

If you need assistance with your visa status, you can reach out to the ICP through the following channels:

·       ICP Call Centre: 600 522222

·       Live Chat: icp.gov.ae

·       Amer Call Centre (for Dubai): 800 5111

·       MOHRE Call Centre: 600 590000

·       Social Media: Any of the social media channels of the ICP or the General Directorate of Residency and Foreigners Affairs Dubai (GDRFAD).

What happens if I am unable to settle my status within the specified period?

The law will be applied, and fines and fees will be imposed on violators who do not settle their status within the specified period.

What kind of services will be provided to violators during the period of correction of status?

During the amnesty grace period, the following services will be provided:

·       Issuing an exit permit.

·       Renewing a residence permit.

·       Issuing a residence permit for newborns (born in the country).

·       Issuing a new visa (work or residence).

·       Adjusting the status of a valid visa.

·       Issuing a residence permit for visa violators (work or residence).

What are the working hours during the grace period?

The working hours at the service centers where biometric fingerprints are registered will be extended. The working hours will be from 7 am to 8 pm.

How will violators who were born in the UAE be dealt with?

·       In the event of departure: A unified number will be created, and an exit permit will be issued with exemption from fines by the executive departments based on a request in the smart system using a passport or travel document.

·       In the event of a status change: Fines will be exempted based on a request submitted to the smart system to confirm the residence under the sponsorship of the head of the family or the employers and the guarantor, provided that the request is processed in the smart system by the executive departments.

How is the situation of a violator who has traffic violations and vehicle licensing settled in the event of departure?

The violating owner who wishes to leave is directed to give up the vehicle before the departure takes place.

Some violators have lost their passports. How will such cases be dealt with?

Violators who have lost their passports must follow the process:

·       For GDRFA - Abu Dhabi: A request is submitted through the smart system, and the violator is given a copy of residency details and a certificate stating that the passport is lost to obtain a travel document. The travel document issued by embassies and consulates is also relied upon for violators wishing to leave the country, provided that the data matches the data of the copy of residency details.

·       For GDRFA in other emirates: Report the loss through the General Command of the Police, according to which the travel document is issued.

If the head of the family is wanted or in violation of the visa regulations and the family members are in violation, how are their statuses settled?

Family members are allowed to leave the country or adjust their status, as per the circumstances.

Family Departure and Status Adjustment

If the head of the family wishes to leave with his family, the residencies of the family members will be canceled, allowing them to depart. However, if the family members, such as children, wish to adjust their status, they can transfer their sponsorship to the mother if she is employed, or meets the conditions for a work visa according to the current procedures.

If the head of the family benefits from the visa issuance service, the residencies of the family members under his sponsorship will not be canceled.

Expired Exit Permit and Banned List

If a violator’s ordinary exit permit has expired and they have been placed on the banned list before the amnesty, they must visit the Department of Residency and Foreigners Affairs to settle any outstanding restrictions and close their entries. After this, they can submit a request to either remain in the country and adjust their status or arrange for their departure. In this scenario, fines will be waived, and restrictions and entries will be removed. The amnesty beneficiary will be allowed to leave the country without a ban stamp if they choose to do so.

Regulations for Violating Partners and Investors

A violating partner or investor must complete procedures related to canceling the establishment in accordance with the ICP’s regulations before submitting a request to leave the country.

Adjusting the Status of a Family with a Wanted or Violating Head

For violators who have lost their passports, the following procedures apply:

1.    Departure of Family Members:

o   Family members are allowed to either leave the country or adjust their status, depending on the situation.

o   If the head of the family chooses to leave the country with the family, the residencies of the family members will be cancelled, and they will be permitted to leave.

2.    Status Adjustment for Family Members (Children):

o   If family members, such as children, want to adjust their status, they can do so by transferring their sponsorship to the mother, provided she is employed, or by meeting the conditions for a work visa according to the procedures outlined in the relevant guide.

3.    Visa Issuance Service for the Head of the Family:

o   If the head of the family benefits from the visa issuance service, the residencies of the family members sponsored by him will not be canceled.

Adjusting the Status of Violators Sponsored by Troubled Companies

For violators who have lost their passports, the following procedures apply:

1.    Adjusting the Status of Violators Sponsored by Companies Without Restrictions:

o   The status of violators under the sponsorship of companies that have no restrictions can be adjusted according to the procedures outlined in the relevant guide.

2.    Adjusting the Status of Violators Sponsored by Troubled Companies:

o   If violators are affiliated with troubled companies that have restrictions, their status can be adjusted by the ICP.

o   In cases where violators face challenges in adjusting their status through MOHRE, the executive departments will coordinate to facilitate the adjustment of their status.

---

I hope this helps! If you need any further adjustments or additional information, feel free to let me know.