Overstaying in UAE while legal ruling is under execution

Dubai - There shall be no employment ban on you as your overstay is due to your ongoing employment case.

I filed a case against my employer for delayed salaries over six months, in October 2017 and obtained the sentence in my favour against him in December 2017. The sentence became conclusive in mid-January, and the execution phase will start roughly by February, after all the informing and legal periods happens.

The problem I am facing is that it appears the salary payment issues will linger due to the employer's financial troubles. I have had no income since last March. Till now, I have not found a new job and my residency will expire in February along with the old employment permit. Please advise on the following: 1. Am I allowed to overstay until the legal ruling's execution takes place? 2 During overstay, what will happen to my rent lease, Dewa and DU services? 3. If I found work during the overstay period, am I allowed to renew residency or will there will be some sort of ban?
Pursuant to your queries, you are allowed to overstay until the legal ruling's execution takes place, as it is the responsibility of the employer to settle your dues and cancel your visa.

Further, during your overstay period, the Dewa and du services will continue to be active until the authorities contact you requesting you to submit the copy of new Emirates ID and valid UAE residence visa. However, if the execution is under process and your residential visa has expired, you may provide a copy of the court judgement and details of the judgment's execution to Dewa and DU, so that they may continue to provide you the utilities.

The same applies to the rental contract too. If you find a new employment during your overstay, you should get your current visa cancelled and request your new employer to apply for your work permit and residence visa. There shall be no employment ban on you as your overstay is due to your ongoing employment case.     

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Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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