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

      1. Rights of People with Special Needs

    Foster equality and non-discrimination towards individuals with special needs.

      1. 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.

      1. 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.

      1. 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.

      1. 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.

      1. 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.

      1. 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

      1. 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.

      1. 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 

      1. A new family law for non-Muslims in the UAE has been introduced.
      2. This law is different from the UAE Personal Status Law, which is based on principles of Sharia.
      3. The new law stipulates that men and women are equal in all rights and obligations.
      4. It regulates Marriages, Divorces, Custody, and Inheritance, for non-Muslims.

    Marriages Under the New Family Law
    -Under the new law, marriages for non-Muslim couples can be done through the local Courts.
    -Among other things, couples can opt into a pre-nuptial agreement, setting, in advance, the terms of their marriage, divorce or custody.
    Divorces and Custody Under the New Family Law
    -For divorces, a spouse can apply unilaterally, without having to justify the reason for divorce.
    -Among other things, custody, for children under 18, is shared by both parents equally.
    Inheritance Under the New Family Law
    -Finally, for inheritance, the law recognizes registered wills for non-Muslims.
    -And, in the absence of a Will, the law provides an equal distribution of the estate, regardless of the gender.
    This is in line with Federal Decree Law No. 41 of 2022 regarding Civil Personal Status and it is effective as of February 1, 2023.

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.

    4. The other type of deportation is, what is called, as Administrative Deportation.
    5. -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.

    6. 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.

    4. To apply, some of the required documents of the sponsor include:
    5. -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

    6. Additionally, the following documents of child must also be submitted:
    7. -Child’s original passport

      -Colored photograph

      -Attested birth certificate and

      -o Medical insurance

    8. The fees for the application are around AED 500.
    9. 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.

    4. 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.

    3. These expenses can be incurred for the person who being deported, as well as the family members, who are being deported along with him.
    4. The obligation for these deportation expenses, falls, first, on the person who is being deported, on his own account.
    5. However, if that person is not able to cover those expenses, the obligation falls either on:
    6. -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.

    7. If neither of these options is possible, then the ICA will cover the deportation expenses.
    8. 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

Immigration Deportations of Family Members in the UAE 

    1. Family members of those who are being deported from the UAE, for violating the UAE Immigration Laws, can also be deported.
    2. This is in the event that, those family members are under the care of the person, who is being deported.
    3. This is in line with the UAE Cabinet Resolution No. 65 of 2022 and Article 65 and 72, in particular.

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.

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