Question: I owe some money to a buy-now-pay-later business. I am trying to pay it back but still owe Dh7,000 ($1,900). My residency visa is about to be cancelled and I plan to go home before returning for a new job.
Can the company put a travel ban on me if they know my visa has been cancelled? Can they stop me from leaving? LV, Dubai
Answer: LV has confirmed that she is making monthly payments to her account to reduce the balance.
The first thing to clarify is that companies cannot simply put a travel ban on anyone. Such bans can be applied only by UAE authorities such as the court/prosecutors, the police or immigration.
No company, bank, employer or landlord can put a ban on anyone, no matter what some may claim.
Entities can make a petition to the court to apply a travel ban on an individual but need to show reason.
Generally, there needs to be a debt of Dh10,000 or over, with a risk of the person planning on leaving and not meeting their liabilities.
LV is making payments and has an offer of a new job to start in July. It is unlikely that the company is aware that her visa has been cancelled and if payments are being made to settle the liability, as agreed, there is no reason why a travel ban should be considered.
Dubai residents can check for any legal cases or travel bans registered against their name on the Dubai Police app or website, searching under “circulars and travel bans”.
Q: How long I can stay in the UAE after I have resigned. My last day of working will be Friday, June 19, but I want to stay until the second week of August. Will I have to pay for a visa to stay? BM, Abu Dhabi
A: When a UAE residency visa is cancelled, there is a grace period during which a person can remain legally in the country. This has historically been 30 days after cancellation but changed in 2022.
The grace period now varies from 30 to 180 days and is dependent on the type of visa and, if it's an employment visa, the skill level that is registered with the Ministry of Human Resources and Emiratisation.
- Dependents, domestic staff, lower-skilled workers – 30 days
- Skilled workers – 60 days
- Professionals such as engineers, doctors, some property owners – usually 90 days
- Golden visa holders, green visas, certain highly skilled professional, some students after graduation – up to 180 days
In all cases, this is subject to immigration approval and it is sensible to check the number of days that will apply based on your own visa category.
If someone overstays and the grace period has expired, they will be charged Dh50 per day.
Q: I got married in Dubai but my divorce was finalised in a court in Canada, where I now live. Do I need to have the divorce attested in the UAE? I may want to move back in the future so want to do it all properly. LB, Toronto, Canada
A: As the marriage took place in Dubai, the UAE system will still view LB as legally married until she formally presents and registers her foreign divorce decree.
This means that she will need to legally attest her Canadian divorce documents in the UAE if she wants to update her marital status, get a new visa in her reverted name, or remarry.
Assuming she wishes to revert to her own name, the documents need to be attested for that. This is a similar process if a woman marries and changes her name.
Any legal activities need to be in the name currently used. That includes buying or selling a property, making a claim on a protection plan and more.
To attest the Canadian divorce papers, a number of steps need to be taken.
In order: Notarisation in Canada (by a registered Canadian Notary Public or Commissioner of Oaths), authentication by Global Affairs Canada in Ottawa, submittal to the UAE Embassy in Ottawa for verification. Then, attestation by the UAE Ministry of Foreign Affairs, and formal legal translation into Arabic.
Once the documents have been fully attested and translated, a case will need to be opened with the Dubai Courts Personal Status Court to have the Canadian judgment formally recognised and executed.
This will then officially dissolve the original Dubai marriage contract in the UAE government system.
While the steps are clear, it is a time-consuming process. Anyone needing to do this has the option to engage a professional document attestation agency to manage the cross-border courier and legal routing on their behalf.
Contact Keren Bobker at keren@holbornassets.com or www.financialuae.com. The advice provided in our columns does not constitute legal advice and is provided for information only
