My husband and I are divorcing, and he is thinking of leaving the UAE. I want to stay here for a while as my children are happy in school and I do not want them to face any disruption next year. Although my husband will support us, he will not be able to sponsor us because he will not be in the UAE.
Is there a way we can continue to stay in the country as residents? We could apply for visit visas but that will be a problem for children who attend school. HT, Dubai
To obtain a residency visa, one generally needs to be sponsored by an employer or spouse, own an eligible property or apply for a trade licence that provides a visa. However, there is another option that will apply to HT.
In October 2018, the UAE introduced a new visa for widowed and divorced women. This allows them and their children to apply for a one-year residency extension without the need for a sponsor, valid from the husband’s date of death or the divorce. This visa is renewable once only.
There are conditions that apply, namely that the woman and any children must be sponsored by the husband at the time of death or divorce. The visas should be valid at that time and the children’s residency should not exceed that of the mother.
Applications must be submitted via the General Directorate of Residency and Foreigner Affairs in the relevant emirate, along with evidence of the death or divorce, proof that the applicant has a place to live, medical fitness certificates for anyone aged 18 or above and medical cover if they are a resident of Abu Dhabi or Dubai.
It is expected that the woman will provide proof that she can earn an income to support her family. However, as each case is considered individually, there will be some flexibility if there are assets or unearned income that can support the family.
I completed my probation period of six months with my company and am on a limited contract for two years. Is it possible for me to change jobs? Will a ban be imposed on me for not completing the contract?
Our company requires a 30-day notice period and I am ready to do this. I am a skilled worker who is underpaid despite my qualifications and experience. What will be the best way to change my job without having a ban imposed? AB, Fujairah
If an employee breaks a law or contract terms, an employer can make a complaint and apply for a ban from the Ministry of Human Resources and Emiratisation
We need to address two issues here: that of a ban and the penalties for breaking contract terms.
If an employee breaks a law or contract terms, the employer can make a complaint and apply for a ban from the Ministry of Human Resources and Emiratisation. Note that an employer must apply for a ban; they cannot put a ban on a person themselves.
If an employee is on a limited contract and does not fulfil the terms, such as resigning before the end of the agreed term, the employer can choose to apply for a ban, usually for six months.
There are cases where a ban may not apply. These include cases where the company and employee are in mutual agreement, when an employee joins a government or semigovernment organisation and when an employee goes to work for a free zone company. Some free zones have different regulations and will apply their own rules regarding bans.
Unless an employee has absconded – a reason for an employment ban that should be enforced for reasons linked to future visa applications – no employer has to apply for a ban when a person leaves service. It rarely benefits anyone.
It is also important to note that if someone breaks the terms of a limited contract, they are liable to pay a penalty as compensation.
Article 116 of the UAE Labour Law states: “Should the contract be rescinded by the worker ... the worker shall be bound to compensate the employer for the loss incurred thereto by reason of the rescission of the contract, provided that the amount of compensation does not exceed the wage of half a month for the period of three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.”
The application of the penalty is at the discretion of the employer, but most will apply it.
It is possible for AB to leave the company but it is expected that he will have to pay a penalty for breaking the contract and face a ban for a period.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only
More from Neighbourhood Watch:
1971: The Year The Music Changed Everything
Director: Asif Kapadia
4/5
Famous left-handers
- Marie Curie
- Jimi Hendrix
- Leonardo Di Vinci
- David Bowie
- Paul McCartney
- Albert Einstein
- Jack the Ripper
- Barack Obama
- Helen Keller
- Joan of Arc
MATCH INFO
Uefa Champioons League semi-final, first leg:
Liverpool 5
Salah (35', 45 1'), Mane (56'), Firmino (61', 68')
Roma 2
Dzeko (81'), Perotti (85' pen)
Second leg: May 2, Stadio Olimpico, Rome
UAE currency: the story behind the money in your pockets
Results:
6.30pm: Maiden Dh165,000 2,000m - Winner: Powderhouse, Sam Hitchcott (jockey), Doug Watson (trainer)
7.05pm: Handicap Dh165,000 2,200m - Winner: Heraldic, Richard Mullen, Satish Seemar
7.40pm: Conditions Dh240,000 1,600m - Winner: Walking Thunder, Connor Beasley, Ahmed bin Harmash
8.15pm: Handicap Dh190,000 2,000m - Winner: Key Bid, Fernando Jara, Ali Rashid Al Raihe
8.50pm: The Garhoud Sprint Listed Dh265,000 1,200m - Winner: Drafted, Sam Hitchcott, Doug Watson
9.25pm: Handicap Dh170,000 1,600m - Winner: Cachao, Tadhg O’Shea, Satish Seemar
10pm: Handicap Dh190,000 1,400m - Winner: Rodaini, Connor Beasley, Ahmed bin Harmash
Who's who in Yemen conflict
Houthis: Iran-backed rebels who occupy Sanaa and run unrecognised government
Yemeni government: Exiled government in Aden led by eight-member Presidential Leadership Council
Southern Transitional Council: Faction in Yemeni government that seeks autonomy for the south
Habrish 'rebels': Tribal-backed forces feuding with STC over control of oil in government territory
Scoreline:
Manchester City 1
Jesus 4'
Brighton 0
UAE currency: the story behind the money in your pockets
UAE currency: the story behind the money in your pockets
The story in numbers
18
This is how many recognised sects Lebanon is home to, along with about four million citizens
450,000
More than this many Palestinian refugees are registered with UNRWA in Lebanon, with about 45 per cent of them living in the country’s 12 refugee camps
1.5 million
There are just under 1 million Syrian refugees registered with the UN, although the government puts the figure upwards of 1.5m
73
The percentage of stateless people in Lebanon, who are not of Palestinian origin, born to a Lebanese mother, according to a 2012-2013 study by human rights organisation Frontiers Ruwad Association
18,000
The number of marriages recorded between Lebanese women and foreigners between the years 1995 and 2008, according to a 2009 study backed by the UN Development Programme
77,400
The number of people believed to be affected by the current nationality law, according to the 2009 UN study
4,926
This is how many Lebanese-Palestinian households there were in Lebanon in 2016, according to a census by the Lebanese-Palestinian dialogue committee
The specs: 2018 Dodge Durango SRT
Price, base / as tested: Dh259,000
Engine: 6.4-litre V8
Power: 475hp @ 6,000rpm
Torque: 640Nm @ 4,300rpm
Transmission: Eight-speed automatic
Fuel consumption, combined: 7.7L / 100km
From Conquest to Deportation
Jeronim Perovic, Hurst
The Sand Castle
Director: Matty Brown
Stars: Nadine Labaki, Ziad Bakri, Zain Al Rafeea, Riman Al Rafeea
Rating: 2.5/5
Iraq negotiating over Iran sanctions impact
- US sanctions on Iran’s energy industry and exports took effect on Monday, November 5.
- Washington issued formal waivers to eight buyers of Iranian oil, allowing them to continue limited imports. Iraq did not receive a waiver.
- Iraq’s government is cooperating with the US to contain Iranian influence in the country, and increased Iraqi oil production is helping to make up for Iranian crude that sanctions are blocking from markets, US officials say.
- Iraq, the second-biggest producer in the Organization of Petroleum Exporting Countries, pumped last month at a record 4.78 million barrels a day, former Oil Minister Jabbar Al-Luaibi said on Oct. 20. Iraq exported 3.83 million barrels a day last month, according to tanker tracking and data from port agents.
- Iraq has been working to restore production at its northern Kirkuk oil field. Kirkuk could add 200,000 barrels a day of oil to Iraq’s total output, Hook said.
- The country stopped trucking Kirkuk oil to Iran about three weeks ago, in line with U.S. sanctions, according to four people with knowledge of the matter who asked not to be identified because they aren’t allowed to speak to media.
- Oil exports from Iran, OPEC’s third-largest supplier, have slumped since President Donald Trump announced in May that he’d reimpose sanctions. Iran shipped about 1.76 million barrels a day in October out of 3.42 million in total production, data compiled by Bloomberg show.
- Benchmark Brent crude fell 47 cents to $72.70 a barrel in London trading at 7:26 a.m. local time. U.S. West Texas Intermediate was 25 cents lower at $62.85 a barrel in New York. WTI held near the lowest level in seven months as concerns of a tightening market eased after the U.S. granted its waivers to buyers of Iranian crude.
Yuki Means Happiness
Alison Jean Lester
John Murray
