‘Does a child take the mother’s or father’s nationality?’

A UAE birth certificate, which does not make reference to nationality or religion, can be used to apply for a baby's passport. Getty Images

Question: I am Canadian and my husband is Egyptian. We are going to have our first child this year. Can our child take my nationality or does the father’s nationality take priority? He is Muslim and I am Christian, does that make a difference? I plan to give birth in Abu Dhabi. JE, Abu Dhabi

Answer: A UAE birth certificate is a relatively simple document and it does not make any reference to the baby’s nationality or religion. The certificate is issued in the hospital where the delivery takes place, in both Arabic and English. It includes basic data about the child but only states the names, nationality and religion of the father and the mother.

This means it can be used to apply for whichever passport, or even passports, the child is eligible for. Generally, a child can take the nationality of either parent or both. Parents have the choice and the religion of the parents does not affect this.

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Note that all non-nationals in the UAE must have the birth certificate attested by the relevant health department, which varies by emirate, and the Ministry of Foreign Affairs. There are companies that can assist with this process.

Residents have 120 days from the birth of their child to arrange a passport, Emirates ID and visa for the baby. If the process is not completed within that time, there is a fine of Dh100 ($27) a day.

Q: I am buying a property in England and have been asked for an EWS form by the mortgage lender. We’re using a friend for the conveyancing and she isn’t familiar with it. What do we do? HJ, Riyadh

A: An EWS1 form is now a common requirement for UK property. It stands for external wall system fire review certificate and demonstrates that a property has undergone and passed a fire safety assessment.

This item, which was introduced in 2018, is usually required for all purchases and remortgages of flats (apartments) following the Grenfell tragedy, a fire in an apartment block in London in 2017. The building had combustible cladding on the outside. This is not permitted for any new builds and existing properties must make changes.

The form was initially required for all buildings more than 18 metres or six storeys tall but has since been expanded.

All new-build properties must comply with fire safety regulations and while EWS1 forms are not a legal requirement, lenders can refuse a mortgage application if one is not available.

The process to obtain one involves a fire safety assessment by a suitably qualified professional, usually a member of the Royal Institution of Chartered Surveyors. For a new property, a developer will obtain this before the property is fully completed and handed over.

HJ should contact the developer that he is buying from to request a copy of the EWS1 form. All good developers will have been through this procedure and will provide the document, which is valid for five years.

Q: I have set up a company and plan to take on two members of staff. I have written offer letters but before I send them, I want to know if there is anything that I must legally include. PU, Dubai

A: An offer letter should include all relevant details and be clear about what the role is. While there is no official wording for offer letters, it is wise to take into consideration all that is required in a contract of employment.

The requirements are set out in Cabinet resolution No (1) of 2022, which is an addition to the UAE Labour Law. Article 10 states: “The employment contract shall include, in principal, the employer’s name and address, the worker’s name, nationality, date of birth, and what is needed to prove his identity, his qualifications, occupation or professions, date of joining work, place of work, working hours, rest days, probation period if available, term of the contract, the wage as agreed upon, including benefits and allowances, length of the deserved annual leave, notice period, procedures of terminating the employment contract and any other data determined by the Ministry in accordance to what is required to regulate the relationship between both parties.”

The offer letter can also include any additional provisions such as the terms for payment of bonuses or commissions and agreed salary reviews.

For a small business, it is wise to seek expert advice to ensure that you adhere to UAE labour law. You can employ HR consultants for a few hours to assist and advise whenever required.

Contact Keren Bobker at [e-mail] or at www.financialuae.com. The advice provided in our columns does not constitute legal advice and is provided for information only