Expatriates need to have 2BHK to sponsor parents

I am going to resign from my current employer and moving to another Gulf country.

My daughters school year will finish in June. Since I am the sponsor for my family, is it possible that my family can stay back for six months while I join another company overseas.

Since your family is sponsored by you, your visa’s cancelation will automatically cancel their visas. Therefore, there are two options available to you: One to arrange a visa for your wife with a high salary, so she could sponsor your daughter or arrange another UAE visa within 30 days for yourself after resigning from your current employer or negotiate with your current employer not to cancel your visa before school ends.

A bank here is debiting my total salary from the month of February 2012 till date against the personal loan which I have with the bank. I am an expatriate and I am solely depending on the salary for my survival and for my liabilities. Can a bank debit 100 per cent salary of any one like this ? What are the Central Bank directives in this regard?

The recovery procedure is governed by Article 247 (9) of the UAE Civil Procedure Law which states that in case of recovery from the salary, only quarter of the salary should be deducted and even then, priority should be given to the expenses necessary for survival of the debtor. In other words, quarter will be deducted if any after budgeting sufficient amount for the expenses necessary for survival of the debtor. Therefore, it is illegal for the bank to debit the whole salary as per Article 247 (9) of the UAE Civil Procedure which states: “Wages and salaries, except that quarter of the basic wage or salary should be placed under garnishment; however, priority shall be given to the daily maintenance”.

I am working in a government entity and in shifts. During the holy month of Ramadan and public holidays, we were getting overtime for working, but from this year they stopped it saying it is not applicable since we are getting shift allowance monthly, whereas this allowance was already there. This allowance is a meagre amount. If the company is right, how much per cent of the basic should be this allowance?

It is worthy to note that government entities are subject to their internal regulation and not to the UAE Labour Law as the UAE Labour Law is not applicable to workers who are working in government organisations as it is mentioned in Article 3 of the law: “The provisions of this law are not applicable to the following categories: a) Officials, employees and workers of the Federal Government, governmental departments of the Member Emirates of the State, officials, employees and workers of municipalities as well as other officials, employees and workers, working in Federal and local public departments and organisations, as well as the officials, employees and workers appointed for governmental projects.”

Therefore, the allowance during the Ramadan will be dealt in accordance with your company rules and regulations.

I am a qualified finance professional with a monthly pay of Dh20,000. I have a 1bhk rented apartment and my marital status is single. On making general enquiries with colleagues and friends, I was informed that I need to have a 2BHK apartment if I wish to sponsor my mother. Can you please guide me on this requirement.

Parents’ visa applications are considered on a humanitarian basis and must be accompanied with certain requirements/documents. One of the requirements is attested tenancy contract for a residency, having at least two-bedrooms, however, your case is different as you are single. Therefore, we suggest to contact General Directorate of Residence and Foreigners Affairs for further guidance.

Generally and in compliance with current regulations, expatriates like you are required to at least have a two bedroom contract. Please note that a UAE resident visa holder, having a minimum salary of Dh10,000 can get one year renewable resident visa for his/her parents or parents-in-law, brothers below the age of 18, and unmarried sisters. However, you have to provide proof that you are their sole responsible person and that there is no one else to take care of them in your home country. An affidavit from your embassy/consulate will be sufficient.

Furthermore, it is necessary to sponsor both the parents, otherwise one has to submit either divorce or death certificate of his father/mother, which has to be attested from the UAE Foreign Ministry, and must be obtained before applying for visas. The following documents are required to apply for the visas:

Finally, the application along with the above documents shall be submitted to the General Directorate of Residence and Foreigners Affairs, which will consider such request on a humanitarian basis. In case of approval, the department will the visa. This type of visa needs to be renewed every year.

Mushtaq Ahmad Janis a lawyer at the Global Advocates and Legal Consultants, with a Master’s Degree in International Commercial Law from the University of Hull, Kingston-upon-Hull, England. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

Compiled by Ahmed Shaaban

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