Know Your Rights

Know your rights

Know Your Rights 

  1. UAE Gender Balance Council
    The U.A.E. Gender Balance Council is a federal entity, which was established to,
    among other things reduce the gender gap across all government sectors, and
    achieve gender balance in decision-making positions
  2. Rights of People with Special Needs
    Foster equality and non-discrimination towards individuals with special needs.
  3. Combating Discrimination and Hatred
    The purpose of this law is to encourage tolerance, co-existence and acceptance. Specifically, this law punishes discrimination of individuals based on religion, caste, doctrine, race, color or ethnic origin.
  4. Rights of Employees & Employers
    The new U.A.E. Labor Law enhances equality and non-discrimination and prohibits harassment and bullying. In particular, one of the objectives of the law, according to Article 2, is to provide protection for employees and employers and enable them to obtain their rights. Some of the most prominent examples of the rights enforced within the Labor Law are outlined below.
    -Equal wage for men and women, when performing the same work
    -Increased maternity leave of 60 days for women
    -Paternity leave of 5 days for men
    -Protection of juveniles. Limitation of working hours and implementing safe
    and secure working conditions.
    -Offers different models of work, like full time, part time, temporary, and
    flexible work. This increases individuals’ access and opportunity to work,
    under different conditions and circumstances.
  5. Rights of Children
    The purpose of this law is to ensure that all children are provided with appropriate
    living standards, access to health services, education, and equal opportunities,
    without any kind of discrimination.
  6. Human Rights Office
    The objective of the Human Rights Office is to enhance the understanding and application of human rights, in accordance with the rights enshrined in the UAE Constitution and laws, and in conformity to the principles established by international conventions.
  7. Dubai Foundation for Women & Children
    The Dubai Foundation for Women and Children, which was established in July 2007, is a non-profit shelter for women and children, who are victims of domestic violence, child abuse, and human trafficking.
  8. Rights Within Justice System
    This law provides for, among other things, the rights of those accused within the justice system. Some examples of these rights are outlined below.
    -Evidence and torture: No physical or moral harm shall be applied on the accused, and no person shall be subjected to torture or degrading treatment. In addition, no criminal penalty may be imposed on anyone without proving his conviction according to the law.
    -Translator Requirement: Judicial officers must retain the assistance of a translator when the accused, or the witness, or the expert, does not understand Arabic.
    -Right to Remain Silent & Knowledge of Crime: The judicial officer must, as soon as they arrest, detain, or bring in the accused, and prior to hearing their statements, inform them of the crime they are accused of, and of their right to remain silent
  9. Remote/Online Services and Systems
    The U.A.E. has also introduced access to numerous remote services. This allows individuals to have increased access and rights, depending on their circumstances. Some examples are outlined below.
    -Attending Court hearings online.
    -Notarizing a power of attorney online.
    -Applying to get married online.
    -Registering a will online.
  10. Rights Within Personal Status
    Under this law, men and women are equal in all rights and obligations. In addition, spouses can apply unilaterally for divorce, without having to justify the reason. And, parents can share custody of children under 18, equally.

New Family Law for Non-Muslims in the UAE

new family law for non-Muslims

New Family Law for Non-Muslims in the UAE
The UAE has issued a new family law that is targeted at non-Muslims. This step forms a development within the country’s legal setting. That stance is distinct from the UAE Personal Status Law, which follows Sharia principles and offers a different solution to meet the needs and expectations of non-Muslim residents. It was founded on the basis of equality, and thus both men and women shared equal rights and duties across its statutes. In this, the law encompassed areas like marriage, divorce, custody, and inheritance.

Marriages According to the New Family Law
The new law can legalize non-Muslim marriages through UAE local courts. Thereby, it takes into consideration all the various cultural and legal requirements. The striking features of the new framework involve pre-nuptial agreements between couples to set pre-conditions for their marriages, eventual divorce, and custody arrangements. Therein, couples may enjoy a degree of autonomy and some predictability of their futures in order to reduce possible disputes in the future.

Divorces and Custody under New Family Law
The new law has introduced a simplified divorce for non-Muslim spouses. Either party can unilaterally file for divorce without furnishing just and sufficient causes. Again, this shows the respect of the law for personal autonomy and privacy.

The law provides for equal custody over children under the age of 18 years by both parents in custody matters. In such joint custody, the best interest of the child would be considered in addition to the rights and responsibilities of the two parents.

Inheritance under New Family Law
On matters related to inheritance, the law sets a modern framework that is consistent with international standards. Non-Muslims are permitted to have registered wills, enabling them to decide how their properties are distributed. In the absence of a will, the law mandates equal sharing of the deceased’s estate on an equal basis and regardless of gender. This rather shows the fairness and equality that this law embodies in cases of inheritance.

Legal Framework and Implementation
It is part of Federal Decree Law No. 41 of 2022 on Civil Personal Status. Effective from February 1, 2023, the new family law represents another leap forward in service for the diversified population in the UAE. The UAE further underlines its commitment to inclusiveness and modernization in the presence of its laws.

Types of Deportations for Foreigners in the UAE

Deportations Types for Foreigners in the UAE 

    1. Deportation of foreigners from the UAE can be of 2 types.
    2. One type of deportation is called Judicial Deportation.

      3. -This is the type of deportation, which is ordered by the Court.

      -It could be for a crime, which carries deportation as one of the penalties.

      -In most cases, this would result from violation of the UAE criminal laws.

    3. The other type of deportation is, what is called, as Administrative Deportation.

      4. -Administrative deportations are issued by the security authorities, such as the police, prosecution or immigration.

      -Importantly, administrative deportations could apply even in cases where the foreigner has a valid Residence Permit.

      -Such administrative deportation can be ordered when the foreigner has no apparent means of survival or if the security authorities consider that deportation is required either by the public interest, public security or public morals.

    4. This is in line with the UAE Cabinet Resolution No. 65 of 2022 and Articles 70 and 71, in particular.

Mothers Sponsoring Children in the UAE

Mothers Sponsoring Children in UAE

Mothers Sponsoring Children in the UAE. 

    1. Expat mothers in the UAE can sponsor their children, for purpose of UAE residency.
    2. The specific requirements for mothers to do so, include a minimum monthly salary of either AED 4,000 or AED 3,000 with accommodation. Notably, this is as compared to the previous requirement of AED 10,000/salary.
    3. There is also a requirement of a tenancy contract, which can be either in her name or in the name of the husband.
    4. And, importantly, the no-objection certificate (NOC) from the husband, stating that he does not object for the wife to sponsor their child.
    5. This is in line with the UAE Immigration Laws and ICA regulations.

Residency for Newborns in the UAE

Residency for Newborns

Residency for Newborns in the UAE. 

    1. Newborns of expats in the U.A.E. can obtain UAE residency through one of their parents.
    2. For parents to qualify to sponsor their newborn children, a number of requirements must be met.

      3. One, the sponsoring parent must be a UAE resident.

      Two, the minimum monthly salary of the sponsoring parent must be either AED 4,000 or AED 3,000 + accommodation

      Also, the sponsor must have a registered tenancy agreement.

    3. To apply, some of the required documents of the sponsor include:

      4. -Original passport, with at least 6 months validity.

      -Original Emirates ID

      -Salary certificate or employment agreement – showing the minimum salary

      -Tenancy agreement

      -Utility bill

      -Health insurance

      -Colored photograph and

      -IBAN number

    4. Additionally, the following documents of child must also be submitted:

      5. -Child’s original passport

      -Colored photograph

      -Attested birth certificate and

      -o Medical insurance

    5. The fees for the application are around AED 500.
    6. This is in line with the UAE Immigration laws and the ICA regulations.

Deportation Time with Interests in Country

Time for Deportation

Time for Deportation 

    1. A person who is ordered to be deported from the UAE and the deportation decision is final and not subject to appeal, must leave the country within 1 month.
    2. Notably, if the person to be deported has interests in the UAE, that require liquidation:

      3. -The ICA is obligated to grant them a grace period to liquidate those interests.

      -On the condition that – the person submits an acceptable guarantee; and that this period does not exceed 3 months.

    3. This is in line with the UAE Cabinet Resolution No. 65 of 2022 – Articles 69 and 75

Place of Stay before Deportation

Place of stay before deportation

Place of Stay before Deportation 

    1. Whenever a deportation decision is issued against a foreigner in the UAE, it is not always the case that the foreigner gets to wait out their time to leave the country, in the comfort of their own home.
    2. If the authorities deem it necessary, the person can be arrested, after approval of the Federal Public Attorney; and held in a penal or correctional institution; for a maximum of 1 month.
    3. This is in line with the UAE Cabinet Resolution No. 65 of 2022 – Article 73

Deportation Expenses in the UAE

Deportation expenses

Deportation Expenses in the UAE 

    1. Deportation of foreigners from the UAE is subject to various expenses. Those expenses can include:

      2. -Airline tickets,

      -Overstay penalties and

      -Other administrative fines.

    2. These expenses can be incurred for the person who being deported, as well as the family members, who are being deported along with him.
    3. The obligation for these deportation expenses, falls, first, on the person who is being deported, on his own account.
    4. However, if that person is not able to cover those expenses, the obligation falls either on:

      5. -That person’s original Guarantor; or

      -The person’s Employer, who is listed on the last Residence Permit, in the event of an employment agreement

      -Or whoever employs the foreigner, in violation of the UAE Laws

      -Those who are hired by one employer, but work for others.

    5. If neither of these options is possible, then the ICA will cover the deportation expenses.
    6. This is in accordance with the UAE Cabinet Resolution No. 65 of 2022 and Articles 68 and 74, of that law.

Immigration Deportations of Family Members

Immigration deportation for family members

There are strict immigration policies and laws in the UAE to guard the security, stability, and a legal framework that accommodates diverse populations living in the country. According to UAE law, anyone found to be in contravention of immigration laws may be deported. These deportation cases, depending on the circumstances surrounding the case, may extend beyond the individual who has committed the infraction to include dependent family members. The cases in which the deportation of a particular person may be extended to include his/her family are dictated by UAE Cabinet Resolution No. 65 of 2022, Articles 65 and 72.

Family Deportation: The Legal Standing
UAE Cabinet Resolution No. 65 of 2022 provides a legislative framework in regard to the way in which cases of concurrent deportation of family members together with the principal offender are dealt with. Depending on Articles 65 and 72, family members who legally depend on the person being deported might face deportation as well. This approach is in harmony with the general policy of ensuring orderly immigration and that individuals who depend on the presence and support of a principal sponsor-a spouse, parent, or other lawful guardian-be accorded an exit arrangement that does not disrupt the integrity of their lawful status in the UAE.

Article 65 further empowers the relevant authorities to deport the family members dependent on the persons so to be deported. A dependent is generally defined as any person who has been in a dependent relationship, in a financial or in a legal or logistical manner for his or her UAE residency with such other person. In general, a dependent may be a spouse, children, or any other immediate member of the family, usually those who have been sponsored for resident permits under his or her visa sponsorship. This definition of “dependence” in this context reflects the UAE government’s policy of ensuring that those who are dependent on the deportee leave the country in accordance with the immigration violation.

Circumstances That Can Lead To Family Deportation
Family deportation does not come automatically but is rather subject to certain conditions analyzed by the UAE immigration authorities. The main considerations for such an action generally pertain to:

  • Financial and Legal Dependence: In cases where the person’s residence is dependent on the main sponsor’s residence permit, he or she cannot legally stay in the UAE anymore once the sponsor is deported.
  • Particular Circumstances: Sometimes certain factors may exist, such as young children or an elderly family member who could not live independently, which would be seen as reasons to rule in favor of family deportation. Such a factor gives merit to family unification when there are no other feasible alternatives.
  • Case-to-Case Analysis: While Articles 65 and 72 are quite sound from a legal viewpoint, each case is subject to individual consideration. Each application is then considered by immigration authorities on various merits, including the length of residence for the family members, their contribution toward the UAE society, and any extenuating circumstances that may call for a more favorable discretion.
  • Alternative Arrangements: In some cases, family members can remain in the UAE, provided they are able to find independent sponsorship through employment or any other feasible avenue in accordance with the law. This is because such an arrangement provides an avenue for family members who may wish to stay in the UAE to seek ways and means of securing a different visa without relying on the sponsorship of the one facing deportation.

Humanitarian and Practical Implications
The deportation policy regarding the family represents a balance between the retention of the rule of law and humanitarian considerations. In this case, UAE authorities may consider how the children are young or where an immediate family lacks the ability or competency to relocate on their own. Despite the UAE law allowing discretion, family deportation is usually designed to retain structures of lawful residency, not punitive measures against dependents. This would also ease logistical and social burdens, since this structure ensures that some family members cannot stay in the UAE on their own and are returned to their country of origin or to a country where they have stable support.

Enforcement and Legal Recourse
Deportations under Articles 65 and 72 are thus regarded as within the ambit of immigration authorities in the UAE, particularly the Federal Authority for Identity and Citizenship (I.C.A.) and the General Directorate of Residency and Foreigners Affairs (G.D.R.F.A.) in Dubai and the rest of the Emirates. Members of this family who have been ordered to be deported under such a policy will have a right to be so informed of their legal status and can avail themselves of legal representation to discuss any available appeals or alternative arrangements. Appellants may also file on extraordinary grounds for remaining in the UAE with legal representation from relatives, which immigration will consider, and sometimes grant clemency to family members under certain circumstances.

Immigration Deportations in the UAE

Immigration Deportations in the UAE

Immigration Deportations in the UAE 

    1. Deportation is one of the penalties, applied to those who violate the UAE immigration laws
    2. In particular, deportation can apply to the following categories of violators.

      3. A. Those who are in the UAE, without either an Entry Visa or a Residence Permit.

      B. Those who have overstayed their Entry Visa or Residence Permit, beyond the allowable time for renewal.

      C. Those whose Entry Visa or Residence Permit have been cancelled and they do not leave the UAE within prescribed time.

      D. And those who are caught on board of a ship, illegally trying to enter the UAE.

    3. Importantly, family members of those who are deported can also be deported, if they are under that person’s care.
    4. This is in line with the UAE Cabinet Resolution No. 65 of 2022 and Article 65, in particular.