Landlord cannot hold 
back security deposit

I have shifted to a new apartment in January this year. My old landlord refused to refund my security deposit of Dh1,000 stating that the paint colour I applied on the house was different to the previous one. Is this legal? Please advise.

According to applicable rent laws in the UAE, the landlord do not have the right to hold back the security deposit without a reason. However, if a dispute rises between the tenant and the landlord concerning the rent relationship, then the parties has to resolve it through the concerned rent dispute committee.

Therefore, you have to approach the Rent Dispute Committee in the emirate where the premises is located and file a complaint there. The committee then will summon the landlord and he will have to prove that the paint colour applied to the apartment is not 
appropriate.

Visa denied due to Hepatitis B

My father is on an Investor visa in Dubai. My two sisters and myself are married and living in Dubai. Our mother who is 60+ years old was denied residence visa when she proved Hepatitis B positive. She was denied visit visa to Dubai and a ban was put on her though tests showed that her Hepatitis B is inactive. Is it possible for the ban to be lifted in this case? What are the procedures?

In your case, you will have to apply again to the General Directorate of Residency and Foreigners Affairs and support your application with a medical report that is duly notarised from its country of origin and the local authorities.

Extension of visit visa

My friend has arrived on a tourist visa issued from Dubai for 30 days, which can be extended up to 40 days.

As far as I know on the expiry of a tourist visa, the person must stay out of the UAE for one month before getting a new tourist visa. Some people said if the extension period (40 days) has not been started, and the said person exits after finishing only 30 days of the tourist visa, he can get a second tourist visa in less than one month. Is this correct?

According to Article 44 of the federal law Number 6 for the year 1973 Concerning Immigration and Residence, the tourist visa allows its holder to enter the country and stay for 30 days only starting from the date of entering the country. This permit is valid for two months form issuing it and may be renewed for a similar period. This means that the tourist visa is only for 30 days renewable for another 30 days.

Visa for mother

I am a Pakistani living in Dubai, working as a lecturer in a college. I recently delivered a baby and would like my mother to stay with my baby for at least one year. She is based in Saudi Arabia with my father who is an engineer there. Recently, my mother has come here, on a visa bought at the airport (yellow paper - visa for people living in Gulf countries) which is for 30 days, and can be extended to 30 more days. Can my mother come each time on the same visa, and go for only a day or so to Jeddah, to again re-enter with that visa, or is there a maximum limit of number of times one can use that visa? Can I apply for a three-month visit visa for my mother, and then she goes only for a day outside the UAE, and again come with that three-month visa, or is there a maximum limit of number of times you can use that visa? Can I apply for a residence visa for my parents, knowing that my father is an engineer on a residence visa in Jeddah? Is there any affidavit needed from the consulate for sponsoring parents? What is the best solution to bring my mother?

Article 57/B/1 of the federal law Number 6 for the year 1973 Concerning Immigration and Residence allows any resident to bring in any of his/her parents or guardian. Additionally, according to Article 58/G of the same law, this visa duration cannot be for a period longer than their sponsor’s visa validity. Hence, if you prove that you are responsible of your mother then you can apply to the General Directorate of Residency and Foreigners Affairs to bring her here, but her permit validity will be only to the day of your visa expiry date.

Alternatively, according to Article 44 of the federal law Number 6 for the year 1973 Concerning Immigration and Residence, the visit visa allows its holder to enter the country and stay for 30 days only starting from the date of entering the country.

The mentioned period is renewable for one time for residents of GCC countries, such as your mother.

The whole 60 days are calculated from the entry date.

On the other hand, regarding tourist visa, the same article of law states that this visa allows its holder to enter the country within two months from its issuance date. The duration of this visa is 30 days renewable for one time only. If you could combine the two later options then your mother should be allowed to stay with you for a period of 120 days.

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: news@khaleejtimes.com or send them to Legal View, Khaleej Times, Dubai P.O. Box 11243.

Compiled by Ahmed Shaaban