Deportees cannot return UAE without ministry approval

Expatriates deported from the UAE cannot return to the country, unless they have a judicial or administrative ruling or special permission from the Ministry of Interior.

This is in accordance with a new legal principle, issued by the Dubai Court of Cassation. A visit visa or a residence permit issued by the General Department for Residency and Foreigners Affairs (DGDRFA) stands void if there is no permission of the Interior Minister, the court ruled.

The principles were issued when the court considered the appeal of a foreign woman, who was fined Dh10,000 and was deported.

The Dubai Public Prosecution referred the woman for trial as she entered the UAE without the permission of the Interior Minister.

The Court of First Instance heard the case and fined her Dh10,000 to be followed by deportation. But the woman took the case to the Appeals Court, which upheld the ruling.

Unsatisfied by the two verdicts, she then moved the Court of Cassation, which issued the above principles.

The woman’s argument was that she had a residence visa and is sponsored by her Emirati husband.

But the Court of Cassation rejected her clarifications stating that Interior Ministry’s data as well as her fingerprints confirm the fact that she had been previously deported from the UAE under charges of prostitution. And that she later returned on a visit visa and then changed status to residence visa under the sponsorship of her husband. This, the court ruled, is in violation of the legal rule as well as the Interior Minister's decision.

The Court of Cassation based its ruling on Federal Law No. 6 of 1973, as amended by Law No. 13 of 1996 on entry and residence of foreigners.

Indian expats in UAE should register birth of their new born children without delay

Indian expatriates are urged not to delay the registration of their new-born babies with the Indian Embassy in Abu Dhabi or the Consulate General of India in Dubai the Embassy said in a statement that the immediate registration of the birth is required to get an Indian passport issued.

If the registration is not done within one year of birth, there may be delay in issuing the passport as additional formalities may be needed and financial penalties may be imposed by the UAE authorities.

For registration of the birth and obtaining new passport, complete the formalities, including filling up of requisite forms  under passport services – registration of birth, issue of BC and passport for a child born in UAE)

 After one year of the birth of the child, the case will have to be referred to Ministry of Home Affairs (MHA), Indian Citizenship Section, 26, Jaisalmer House, Mansingh Road, New Delhi-110011, in the prescribed application forms for getting approval. Procedure for getting approval in such cases from MHA takes considerable time. It is, therefore, advisable that parents holding Indian passports, register the birth of their children born in UAE with the Embassy within the prescribed period of one year without fail.

Persons like spouses married to Indian citizens etc, intending to acquire Indian citizenship by registration, who are resident in Abu Dhabi and Al Ain, are required to apply in the prescribed forms  to Ministry of Home Affairs (MHA), Indian Citizenship Section, 26, Jaisalmer House, Mansingh Road, New Delhi-110011 through the Embassy of India, Abu Dhabi. Prospective applicants are cautioned that procedure for getting approval in such cases from MHA takes considerable time. It is, therefore, advisable that such persons apply well in time with all documents.

http://www.indembassyuae.org/drupal/IndianCitizenship

RAK Airways plane with 141 passengers escapes disaster in Ras Al Khaimah after engine failure

The pilot of a RAK Airways flight en route from the southern Indian city of Calicut succeeded in averting a disaster in Ras Al Khaimah when he made a safe emergency landing and saved 141 passengers on board after developing an engine failure.The pilot had radioed the RAK airport control tower and requested emergency landing when the Airbus jet developed an engine failure just before reaching the emirate at dawn on Saturday.

The airport went on alert and embarked on urgent preparations to secure safe landing of the aircraft, which had 141 passengers of many nationalities, airport officials said.

“Finally, the aircraft made a safe emergency landing and there were no injuries or any major damage to the aircraft or the runway,” said an official, quoted by the Arabic language daily Alittihad.The paper said the plane was later towed to the tarmac near the airport, where it would be examined and repaired.

Domestic maids from India to UAE

Documents Required

•     Embassy Permit letter, in the prescribed format, duly typed and affixed with signature of employer [original and a photocopy].
•      Two copies of the Employment Contract (one original and one photocopy). The original should be attested by Shariah Court, Ministry of Justice and Ministry of Foreign Affairs (It must be typed)
•     Original employment Visa and two photocopies thereof.
•     Photocopy of the passport of the Employer.
•     Income/Salary Certificate of the employer in original.
•  
•     Undertaking from the Employer regarding good treatment of the FHSW, in the prescribed format.

    Guarantee from an Indian national in the format prescribed for the good treatment of the FHSW and fulfillment of the terms of the contract by the employer and also accepting responsibility to bear the cost of return passage by air, if necessary. The guarantor is required to sign the undertaking / guarantee in the presence of the Labour Officer.

•     Photocopy of the passport of the employee.
•     Photocopy of the passport of the guarantor.
•     The age of the maid should be 30 and above.
•     Minimum salary of the maid should be Dhs.1100/- per month in addition to free food & accommodation.
•     Security Deposit – The employer will have to deposit an amount of AED. 9200/-[UAE Dirham Nine thousand and two hundred only] with the Embassy as a Security Deposit. This deposit is refundable on termination of the contract subject to conditions being fulfilled
•     Mobile Phone – A prepaid mobile phone must be provided to the FHSW by the employer.
• Government of India Guidelines for recruitment of domestic female workers in all ECR Countries.

Extracts from the order issued by Government of India in the year 2007

A Foreign Employer may undertake direct recruitment of Indian personnel by obtaining a permit under Chapter IV of the Emigration Act, 1983. Applications for this purpose may be submitted either to the local/nearest Indian Mission or to the Office of the Protector General of Emigrants, Ministry of Overseas Indian Affairs, Akbar Bhavan, Chankyapuri, New Delhi in Form VI along with the documents/information mentioned therein. Besides, the foreign employer will deposit a Bank Guarantee (BG) of US$ 2,500 with the Indian Mission before issue of permit. The BG will be released to the FE after the Mission satisfies itself that the contract period is over and all dues of the worker have been paid by the employer.

Foreign employer shall also have to furnish bank guarantee of ten thousand rupees for every person intended to be recruited subject to minimum of one lakh rupees and maximum of twenty lakh rupees, valid for a period of one year over and above the duration of the employment contract.

Documents Required for Unskilled/Women Workers (Individuals)

Unskilled workers and women (not below 30 years of age) seeking employment abroad shall continue to furnish (in original) the following documents at the time of obtaining emigration clearance:

•     Passport valid for a minimum period of six months with valid Visa.
•     Employment contract from the foreign employer duly attested by the Indian Mission or Permission letter from the concerned Indian Mission/Post.
•     Challan towards deposits of prescribed fee.
•     Insurance policy Under Pravasi Bharatiya Bima Yojana (PBBY).

Frequently Asked Questions

    Who can sponsor a maid in UAE?
    Any one earning an income more than AED 10,000 per month can sponsor a maid.

    How can I select and bring a maid from India?
    You may select a maid through the registered recruiting agents or through your acquaintances. After selecting the maid, obtain the details of the maid, apply for an employment visa and thereafter approach the Embassy or the Consulate.
 
    How can I apply for a maid visa?
    You have to apply to the local immigration for housemaid visa. If you fulfill their requirements visa will be issued to you. Details of the requirements may be checked with the Immigration.

    What should I do after collecting the forms?
    After collecting the application fulfill the following conditions stipulated by the Embassy

•         Embassy Permit letter, in the prescribed format, duly filled in and affixed with signature of employer [original and a photocopy].
•         Two copies of the Employment Contract (one original and one photocopy). The original should be attested by Shariah Court, Ministry of Justice and Ministry of Foreign Affairs (It must be typed) Original employment Visa and two photocopies thereof.
•         Photocopy of the passport of the Employer.
•         Income/Salary Certificate of the employer in original. Minimum income of the employer must be AED. 10,000/- per month.
•         Undertaking from the Employer regarding good treatment of the FHSW, in the prescribed format.
•         Undertaking/Guarantee from an Indian national in the format prescribed for the good treatment of the FHSW and fulfillment of the terms of the contract by the employer and also accepting responsibility to bear the cost of return passage by air, if necessary. The guarantor is required to sign the undertaking / guarantee in the presence of the Labour Officer.
•         Photocopy of the passport of the employee.
•         Photocopy of the passport of the guarantor.
•     Other conditions:
•         Mobile Phone - A mobile phone and SIM card must be provided to the FHSW by the employer.
•         Security Deposit – The employer will have to deposit an amount of AED. 9200/-[UAE Dirham Nine thousand and two hundred only] with the Embassy as a Security Deposit. This deposit is refundable on termination of the contract subject to conditions being fulfilled. The security deposit would not be required if the recruitment is done through a Registered Recruiting Agent in India.
•         The Security Deposit will be governed by the following conditions :
•             On termination of the contract at any time by mutual consent, the full amount of the Security Deposit will be refunded to the employer on the latter submitting an application in writing and appearing at the Embassy in person along with the FHSW.
•  
•             However, should the FHSW complain of dues or if the Embassy has to incur any expenditure on her accommodation, food, local transportation and airfare to India, these expenses will be deducted from the Security Deposit and the balance amount refunded to the employer.

    What is the basic salary of the maid?
    The minimum basic salary of the maid should be Dhs.1100/- [not negotiable]

    Why is a guarantor necessary?
    In case where the sponsor is not reachable, the guarantor will be approached if there is a complaint from the maid.
 
    Why the sponsor has to deposit an amount of Dhs.9200/- with the Embassy?
    In case there is a dispute between the sponsor and maid and the sponsor is not willing to pay the salary, the same is deducted from the security deposit.

    What shall I do after getting the attested contract from the Embassy?
    You may send the documents to the proposed maid and ask her to go to the nearest Protector of Emigrants office and get the emigration clearance stamp. After getting clearance, she can book the ticket and travel.
 
    Is it mandatory to register the maid with the Embassy after she reaches UAE?
    Yes. You have to bring the maid to the Embassy and register her name before stamping the residence visa.
 
    What is the procedure to get back the security deposit?
    Bring the maid to the Embassy before her departure to India. The maid has to sign a document stating that she received all her dues. After her exit from UAE, bring the form showing the exit stamp so that we can process the application for releasing the security deposit.
 
    Can I transfer the security deposit to a second maid if I send back the first one?
    Yes, you can.If you have completed the formalities before sending the first maid as stated above and have proof that she has exited the country, the amount can be transferred to the second maids name.

    What should I bring when I come to collect the security deposit?
    You have to bring the original receipt showing the deposit and copy of your identity card.

    What shall I do if the maid wants to go back to India before the contract is over?
    Bring the maid to the Embassy before her departure to India. The maid has to sign a document stating that she received all her dues. Thereafter she can leave the country.
 
    Should I inform the Embassy when I renew the maid visa?
    No need to inform the Embassy when you renew the visa.

Indian Embassy proposed Minimum Wages for Indian workers in UAE

Embassy of India proposes to revise the minimum wages for various categories of Indian workers employed in the United Arab Emirates. The reference wages are shown below. These provisional rates mentioned will be absolute rates with effect from 15th March 2011.

Reference (Minimum) wages prescribed for the unskilled & Skilled Indian workers

Sl. No Category Minimum Basic Minimum Allowances Revised Minimum Net pay per month in AED* 1 Housemaids/Baby sitters/cooks for house 1100 2 Cleaners 800 150 950 3 Fishermen 800 150 950 4 Gardeners/Farm Workers/Shepherds 800 150 950 5 Office boys /messengers 800 150 950 6 Waiters in Restaurants 950 250 1200 7 Washermen 800 150 950 8 Helpers (to skilled workers) 950 250 1200 9 Light Duty Vehicle Operators 1100 300 1400 10 Cooks for Hotels & Bakers 1100 300 1400 11 Goldsmiths 1100 300 1400 12 Hair Dressers 1100 300 1400 13 Garment Workers 1100 300 1400 14 Tailors 1100 300 1400 15 Shop Asst/Sales man 1100 300 1400 16 Workers for Interior decoration 1100 300 1400 17 Laminators 1100 300 1400 18 Upholstery workers 1100 300 1400 19 Leather craft workers 1100 300 1400 20 Lubricators 1100 300 1400 21 Fabricators 1100 300 1400 22 Painters 1100 300 1400 23 Carpenters 1200 300 1500 24 Fitters 1200 300 1500 25 Plumbers 1200 300 1500 26 Welders 1200 300 1500 27 Riggers/Metal & Steel workers 1200 300 1500 28 Electrician / Wiremen 1200 300 1500 29 Mechanic 1200 300 1500 30 Steel fixer 1200 300 1500 31 Mason 1200 300 1500 32 AC Technician 1200 300 1500 33 Store Keepers 1200 300 1500 34 Security Guards 1200 300 1500 35 Heavy Duty Operators 1400 300 1700

Conditions

1* Food and Accomodation should be provided in addition to the wages above
2. All the employees are to be covered by appropriate Medical, Accidental and Life insurance covers