At trial stage, only court can release passport

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At trial stage, only court can release passport

I have been struggling since December 15, 2011.

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Published: Sun 15 Apr 2012, 4:37 PM

Last updated: Tue 7 Apr 2015, 12:39 PM

I have been struggling since December 15, 2011. I went shopping with one of my colleagues that day. We purchased some electronics. Some 20 minutes after payment, the cashier claimed that a Dh500 banknote we paid was fake. They called the police, and then we were handed over to the CID (Criminal Investigation Department). Two days after investigation, they released both of us, but kept our passports. My friend’s vacation was cancelled and I am still stuck in this problem though I have nothing to do with the whole issue. I was only in the company of my friend while he was shopping before going on leave. Now, I want to go home as my mother has been hospitalised for the past one week. I went everywhere — the police GHQ, the CID, the court and the prosecution, but in vain. Please advice.

Counterfeiting money is considered a national security crime. This is because it affects the economy of the country severely. On the other hand, the police and public prosecutors are allowed to arrest any suspect in case of a crime. However, they may release the suspect on bail after recording his statement and summon him to attend the court. In your case, if the case has reached the court, which means that the interrogation stage has been concluded, it is now at the trial stage. At this stage, the case is being handled by a judge. For your issue, you have to submit a written application to the court explaining your reasons and asking the court to release your passport. The court will study your application and decide according to what is in the file.


Visa gets cancelled after six-month stay abroad

I am a working woman on a spouse’s visa but with my company’s labour permit card. My maternity leave has been approved for nine months. Please, advise me on the procedures, if any, to avoid cancellation of my visa because I will be out of the UAE for more than six months.

According to Article 61 of the federal law No. 6 for the year 1973 ‘Concerning Immigration and Residence’, the visa is considered cancelled if its holder stayed outside the country for more than six months. Hence, to avoid cancelling your visa, you have to come back to the country before the period of six months.

My son is on a valid residence visa until 2013 under my sponsorship. He is studying in India and his last visit to Abu Dhabi was in June 2011. Since his final exams are over, he is likely to come to Abu Dhabi soon. Can he be allowed by the authorities to enter the country on the same visa?

According to Article 61, the visa is considered cancelled if its holder stayed outside the country for more than six months. As your son has spent more than six months outside the country, you have to be sure that his visa is still valid. If not, you can apply for a new one.


Get visit visa till husband changes job

What are the possibilities of staying in the UAE when my husband is changing his job? How can the visa cancellation be done on the part of dependents? What are the terms and conditions associated with it?

According to Article 58, point G of the federal law No. 6 for the year 1973 ‘Concerning Immigration and Residence’, foreign individuals who enter the country to live with their sponsors shall obtain a residency permit and this permit shall not exceed their sponsor’s residency period. This infers that your visa is automatically cancelled as soon as your sponsor’s visa is cancelled. Therefore, to avoid any legal responsibility, you will have either to travel with your husband or apply to have a temporary visit visa until your husband comes back, bearing in mind the period he will stay outside the country.


Tenancy contract can be ended mutually or by court

We are relocating from Sharjah to Abu Dhabi due to a job change. But we have signed an apartment tenancy contract for an year starting from January 2012 to January 2013.What are the possibilities of cancelling the contract? Is it possible to transfer the contract to another person’s name? If not, what will be the costs incurred for cancellation?

The tenancy agreement is an agreement between the tenant and the landlord. This contract is governed by the general rules of agreements which are in the civil transaction code. According to Article 125 of the civil transaction law, a contract binds both contracting parties. As a result, each party shall observe its obligations towards the other. Hence, the mutual agreement of parties is a key point in forming an agreement.

Additionally, Article 267 of the same law states that “if a contract is validly binding, neither party to the contract shall withdraw therefrom nor amend it or terminate it except by agreement or by litigation, or in accordance with the provisions of law”. Therefore, if you want to cancel your agreement, you will have to get the landlord’s acceptance or file a case in the rent dispute committee in Sharjah.

(Nasser Ahmed Al Osaiba is an Emirati Partner and Lawyer at Global Advocates and Legal Consultants, legal member in the Rent Dispute Committee, Umm Al Quwain, with Master Degree in commercial law, Melbourne University, Australia. Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai P.O. Box 11243.)

Compiled by Ahmed Shaaban


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