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Formalities needed for marriage

Mr X., Dubai: I am a Hindu Pakistani national and holding a valid residency of UAE. I want to marry a Hindu girl (Indian national) who is also holding a valid residency sponsored by her father.

a) What will be the legal formalities as both are Hindu but from different countries?

b) Will there be any involvement of either the Indian and Pakistani consulates?

c) Where should we contact, what is the procedure to arrange a paper marriage?

d) How long will this entire procedure take?

Answer:

Marriages of non-Muslim persons are solemnised in accordance with the rituals, procedures and practices applicable in their respective doctrines and as applicable within their respective churches or synagogues. Marriage certificates are further authenticated in view of the rules and regulations governing them within their respective consulates or embassies and also the competent official bodies.

VISA STATUS

Mr A. Shaikh, Dubai: My wife has been out of UAE for more than six months, and my school-going children for more than a year now. I would like to know what is the status of their residence visas according to UAE laws, and what I have to do if I want to bring them to UAE back for residence. Do I have to get their previous visa cancelled first if I have to apply for a fresh one?

Answer: If the original residence stamp affixed on their passports are still valid while they are abroad, you can submit an application to the Naturalisation and Residency Department explaining the circumstances that forced your family to remain abroad for more than six months, such as education or medical treatment, provided that your application should be supported by the necessary documentary proof such as medical certificates or official documents from the concerned educational institute. The department may entertain your application favourably and grant you a certificate to this effect. Once you obtain such a certificate, you can lodge the same with the airport and airline company so that your family is allowed to fly and enter the country once again.

VIEW ON WILL

Dr Joshi, Al Ain: I would like legal view regarding making a will (testament) which would be valid by the UAE (local) laws. The clarifications I seek are:

1. What are the rules governing the UAE assets of a Hindu Indian National after his/her death?

2. Does a will (testament) drawn in India or in Indian embassy in the UAE become valid in UAE if competent authorities in the UAE attest it? If so who are such competent UAE authorities? If not, what are the procedures to make a will, which would be honoured by UAE laws?

Answer: Matters relating personal-affairs and family disputes among foreigners, such as marriage, divorce, inheritance, wills, probate, inventory of estate and identifying heirs are subject to those foreigners' respective laws. It is common knowledge that the Hindus have their own codes governing their family and personal matters, which Law is applicable to any case or dispute provided that an official copy thereof is submitted to the Court reviewing the matter. In any event, it is a condition precedent that such laws or regulations should not be in conflict with the provisions of the Sharia being applicable with the UAE Courts, nor should they be in violation of public order or propriety (moralities).

And whereas the will/testament is permissible under the Hindu Act, therefore if there exists a will/testament bearing the signature of the attester and duly authenticated by an official body such as the consulate and other competent authorities, such will/testament shall be recognised as valid and applicable within the systems and laws governing such will/testament.

CHILD'S VISA

Mr Fazil, Dubai: I live and work in the UAE. My wife and I hold valid residence visas. Recently we had a child and have a valid certificate of birth issued for him by the competent bodies. As I had planned to send my family back home, I preferred not to obtain a residence visa for the child. Due to certain circumstances my family delayed the departure from the UAE and now my lawful child has been illegally staying for a long period. What can I do now?

Answer: Newborn children are given a grace period of three month during which they can leave the UAE without having a residence visa issued for them. Since your baby has exceeded the three-month period, you have to pay due penalty/fine for each day of delay then you can have a valid residence visa issued for him.

You can also have him included on your wife's passport. If the illegal stay is relatively long, you can have the case referred to the court having jurisdiction to hear immigration and naturalisation matters and produce documents proving your ability to have his status rectified. At that time the Court may order a smaller penalty/fine.

6-MONTH BAN

Mr Avikal, Dubai: I have just got a six-month ban. Can I legally enter the country on a visit visa? Can I enter through Oman on an Omani visa?

Answer:

The ban stamp precludes you from obtaining an employment visa during the ban period. However, the valid residence visa you had in Oman enables you to visit the country as a holder of a valid AGCC visa or enter through the border point. In this case, you have no right to take on any job of whatever nature or description for any duration, even if temporarily. Otherwise, you will be held liable and punishable with deportation.

VISIT VISA

Mr J. L. Sharma, Dubai: Please let me know the validity of visit visa in UAE. It is written on visa that after the entry it is valid for 30 days and after that needs renewal. But people who have used visit visa many times say that one can stay for 60 days after entry and then needs renewal if wants to stay for 30 days more. I am confused. Will you please clarify?

Answer:

The visit visa enables its holder to stay within the country for uninterrupted period of 60 days. Before the expiry of this 60-day period, the visa holder, if he/she has not left the country, apply to extend the validity of the visa for more 30 days against the payment of a Dh500 fee. After the elapse of the third month, the visa holder should leave otherwise he/she will be liable for a Dh100 penalty per day.

MATERNITY

Mrs Banarji, Dubai: I am on husband sponsorship, working with a company as an engineer. Even though I have joined on June 2002, I have received my work permit on March 2003. I am due for my delivery on December 2003. I would like to know whether or not I am eligible for the 56-day maternity leave with full pay. My employer is saying they won't pay me anything.

Answer:

It is stipulated under the provisions of Article 30 of the UAE Labour Law that: "A female worker shall be entitled to a maternity leave with full pay for a period of 45 days, including the period preceding the delivery (giving birth), on the condition that she has been in service for uninterrupted period of not less than one-year. In case the female worker has not completed the aforesaid period in service, she shall be entitled to a maternity leave with half pay. "On the expiry of the maternity leave, the female worker may be absent from work without any pay for a maximum period of 100 successive or interrupted days in case such absence is attributed to an illness preventing her from resuming her work, provided that such illness is endorsed by a medical certificate issued by the medical service body as specified by the competent health authority or it is confirmed by the latter that the female worker's illness is caused by her work or delivery.

"The leave granted under the above two paragraphs shall not be deducted from the worker's annual leave."

It is also stipulated under the provisions of Article 35 of the same Law that: "Subject to the provisions of Article 2, a contract of employment shall be written in two copies, one being delivered to the worker and the other to the employer. In the absence of written contract, adequate proof of its terms may be established by any means of evidence."

The 56-day maternity leave is still a proposal under review. - Compiled by Mustafa Barakat

Legal Terminology

Trust - equitable obligation

IF YOU are lost in the sea of legal jargon, we will here lend you a hand. Do you need to know the meaning of some equally puzzling legal terms? Here you will find definitions of legal terms, from the common to the bizarre, in simple English.

Trust: In essence, an equitable obligation which imposes on a person described as a 'trustee' certain duties of dealing with property held and controlled by him for the benefit of the persons described as the 'beneficiaries,' or if there are not such persons, for some purpose recognised and enforceable at Law.

Trustee: A person who holds property on trust for another. The capacity to be a trustee exists where there is capacity to take or hold property. A trustee is also the person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

Beneficiary: A person or organisation legally entitled to receive the benefits through a legal device, such as a will, trust or life insurance policy.

Estate: Generally, all the property you own when you die.

Family Pot Trust: A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child's unforeseen need, such as a medical emergency. But a pot trust can also make the trustee's life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.

AB Trust: A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust - commonly, the grown children of the couple - with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. This type of trust is also known as a marital life estate trust or credit shelter trust.

Bypass Trust: A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

Generation-skipping Trust: A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death.

Estate Tax: Taxes imposed by the state or government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. A handful of states also impose estate taxes; these are usually called inheritance taxes.

Principal: (1) When creating a power of attorney or other legal document, the person who appoints an attorney-in-fact or agent to act on his or her behalf. (2) In criminal law, the main perpetrator of a crime. (3) In commercial law, the total amount of a loan, not including any capitalised fees or interest. (4) In the law of trusts, the property of the trust, as opposed to the income generated by that property. The principal is also known as the trust corpus; that's Latin for 'body.' For example, Arthur establishes a new trust with $100,000, with interest and other income payable to Merlin; the $100,000 is the trust principal or corpus.

Abstract Trust: A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries.

You can show an abstract of trust to a financial organisation or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private.

Living Trust: A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement.

Charitable Trust: Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

Accumulation Trust: A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met.

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