Streamlined Process for Lifting Travel Bans on Children in Divorce Cases: A New Era in Dubai Courts

Introduction

In a major development, Dubai Courts have come up with a streamlined process for lifting travel bans on children in cases of divorcing parents. This update, as part of the Dubai Social Agenda 33 initiative, will make the process much quicker and more efficient for families across the UAE. Here’s a comprehensive look at what has changed and how it impacts divorced or divorcing parents.

Automated System for Lifting Travel Bans

The new system is based on an integrated platform between Dubai Courts, the CID, and Immigration. Previously, the process was manually done and involved many tedious steps that caused delays, adding to the stress level of parents. Now, once a judge has given his approval for the lifting of the travel ban, the decision is automatically and directly communicated to the system at the CID and immigration.

How the Process Worked Before

Under the old system, parents needed to:

  1. Request the Court: Apply to the Court for lifting the travel ban.
  2. Court Approval: Approval from the Court for lifting the travel ban.
  3. Issue Manual Letter: The Court would issue a physical letter to the CID.
  4. Present Letter to CID: This letter had to be presented to the CID, who then would change it manually in their systems.

This process took several days, as communications had to be done between the Courts, the CID, and the parties concerned.

Efficiency and Speed with the New System

With the new system, these steps are no longer needed. Once the judge has approved the travel request, the CID system will be automatically updated. That means there will be no more delays in lifting the travel ban, hence smoothing and quickening the process for parents.

Automatic Reinstatement of Travel Bans

Another significant enhancement is the automatic re-imposition of the travel ban once the children have returned to the country. This gives further comfort to the other parent that the ban will be in place and obviates the need for further action.

Dubai Social Agenda 33 Initiative

These changes form part of the Dubai Social Agenda 33 initiative, which comes into effect in January 2024. The Agenda defines targets to be reached by 2033. The major goals include:

  1. Top 3 Cities for Standard of Living: Positioning Dubai among the world’s top three cities for the standard of living.
  2. Healthy Life Expectancy: To have a healthy life expectancy ranking among the world’s top ten.
  3. The Quality of Education: Establishing the quality of education in Dubai as among the top ten cities in the world within the next five years.
  4. Emirati Workforce: Tripling the number of Emiratis working in the private sector.
  5. Housing for New Families: Providing a land plot and a loan for every new Emirati family in Dubai within a year of their application.
  6. Supporting New Emirati Families: Double the number of new Emirati families in Dubai.

Conclusion

This streamlined process for travel bans on children in divorce cases represents a leap forward in family support during such difficult times. The Dubai Courts are relieving parents of much of the stress and time that has been consumed by red tape, enabling them to spend more time with their families and less time fighting the system. The change not only benefits the parents but also aligns with the broader goals of the Dubai Social Agenda 33.

How to Obtain an Investor Visa in the UAE: Q&A on Minimum Share Capital Requirement

Q: What is the minimum share capital requirement for an Investor Visa in the UAE?

A: Business investors are obliged to have share capital in their company, valued at a minimum of AED 50,000, to be qualified for an Investor Visa in the UAE.

Q: Does the percentage of shares held by the investor matter in getting an Investor Visa?

A: No, the value of the share capital is more important than the percentage of shares held. In any case, the share capital must be at least AED 50,000, whatever the percentage of ownership.

Q: Can an investor apply for an Investor Visa with a small percentage of ownership in the company?

A: An investor can be qualified for the Investor Visa, even on a small percentage of ownership, like 5%, provided that represents a minimum share capital of AED 50,000.

Q: Does this requirement of share capital apply to all economic zones of the UAE?

A: Yes, this rule applies uniformly across the UAE, including all economic zones such as the Department of Economic Development (DED) and various free zones.

Q: Why is this share capital requirement standardized across different zones?

A: This is uniform because the UAE immigration law and federal authorities regulate it so that its application should always be the same throughout the federation.

Q: How does the concept of UAE Investor Visa work?

A: In general, an Investor Visa to the UAE is a regular residence visa in the United Arab Emirates, valid for two years. With such a visa, you enjoy easy travel, family sponsoring, and other opportunities available in the state, respectively.

Q: What to do to get an Investor Visa?

A:

  1. Check Your Share Capital. Your share capital of the company should not be less than the minimum requirement of 50,000 AED.
  2. Prepare Documentation. Gather all those documents that prove your share capital and ownership percentage of the share capital.
  3. Apply Through Relevant Channels. The application should be made through the concerned economic zone authority, such as DED or the concerned free zone authority.
  4. Be Well-informed. Emphasize being updated on changes in immigration laws and rules to ensure full compliance.

Q: What do I need to do to get any clarification on my Investor Visa application?

A: One should seek further advice and support from legal experts or immigration consultants who have specialized knowledge in UAE visa regulations. They will provide specific advice and support you through the application process.

Understanding the Role and Responsibilities of the GCGRA in the UAE Gaming Industry

Introduction
The GCGRA is at the heart of a transformation that is taking place in the United Arab Emirates regarding the industry of commercial gaming. The authority was created to make sure gaming activities are conducted with integrity and managed responsibly, and it’s one of the cornerstones composing the UAE regulatory framework. This blog will outline what GCGRA is, its roles, and responsibilities, thus providing insight into how it impacts the industry.

What is the GCGRA?
The General Commercial Gaming Regulatory Authority is the federal authority to regulate lotteries and commercial gaming activities within the UAE. Its mission is to build and maintain a world-leading regulatory framework that upholds the highest standards of integrity, transparency, and responsibility.

Core Responsibilities and Roles of the GCGRA

1. Licensing
GCGRA is in charge of issuing, maintaining, and renewing commercial gaming licenses. Any entity that intends to conduct activities within the gaming industry of the UAE must apply for a relevant license with the GCGRA. This process ensures that gaming activities are conducted in a manner that does not violate any legal or ethical premises.

2. Maintenance of Standards
Included among the major responsibilities of the GCGRA are developing and maintaining clear-cut rules, standards, and directives with regard to gaming operations. While doing so, GCGRA has made operators adhere to the best practices that are supposed to guarantee fair play and protect consumers against likely malpractices.

3. Promoting Responsible Gaming
It institutes several responsible gaming measures that minimize harmful results game activities have on the players themselves, families, and at the social levels of organizations. The GCGRA can equally work in cooperation with licensed operators so they may create a culture and attitude for responsible behavior aimed towards ethical gaming.

4. Financial Crimes Prevention
One of the essential elements of the mandate of GCGRA is to prevent financial crime. It strongly enforces compliance with the UAE’s laws on the prevention of money laundering, terrorism financing, and other financial crimes. In this process, the GCGRA safeguards the integrity of the gaming industry to keep it free from all illegal activities.

Licensing Process
The GCGRA has, therefore, made it easier to license new operators into the gaming market of the UAE through an efficient pathway, which includes:

  • Initial Notification: The applicant is supposed to notify the GCGRA of its intention to apply for a license.
  • Intake Form Submission: The applicant fills in basic information about the business and the type of license it is applying for.
  • Screening and Portal Access: After screening the applicant, the applicant is given access to the GCGRA licensing portal.
  • Detailed Application Process: The applicants give detailed information on business, financial, and corporate.
  • Evaluation and Approval: GCGRA goes deep into the application to ensure the suitability of the applicant.
  • Licensing: After successful evaluation, the applicant pays the due fees, and the license is issued.


Ongoing Licensee Obligations
Licensees are expected to adhere to high standards and requirements of the GCGRA even in possession of a license. Some of these include:

  • Professional Conduct: To always carry oneself with integrity and professionalism.
  • Regulatory Compliance: Understand and apply all appropriate rules and regulations.
  • Information Maintenance: Keep the GCGRA updated on any important business or personal changes in status.
  • Cooperation and Transparency: To cooperate fully with the GCGRA in providing all information that might be requested from them with timely attention.


Conclusion
The GCGRA shapes the gaming industry responsibly and with a tremendous deal of transparency in the UAE. By way of high standards, promotion of ethical practices also protects operators and consumers. To do business in the UAE games market, understanding and adherence to GCGRA guidelines are tantamount to success.

For more details on how to overcome the complexities of UAE gaming regulations, please contact our law firm at www.lylawyers.com.

New Influencer Licensing Regulations in Abu Dhabi: What You Need to Know

In a far-reaching decision, the Abu Dhabi government has brought new licensing regulations into law to regulate the operation of social media influencers. Being a law firm specializing in media and technology law, we take this opportunity to walk our audience through these changes and what this will mean for the influencer community, along with businesses operating in this emirate.

What are the New Regulations?
Starting from July 1, 2024, the Abu Dhabi Department of Economic Development will require all social media influencers and businesses that use digital platform advertising to obtain applicable licenses. This shall be necessary for any person who may use social media for promotional activities in Abu Dhabi.

License Types and Fees
There are two major kinds of licenses:

  • Individual Influencer: AED 1,250 – about $340
  • Companies or Groups of Influencers: AED 5,000 – about $1,360

Besides the ADDED license, an influencer will also have to get a permit from the UAE Media Council.

Penalties for Non-Compliance
The penalties are not light:

  • Fines ranging from AED 3,000 to AED 10,000 ($817 to $2,720)
  • Possible closure of business in case of repeated violation

Who Qualifies for an Influencer License?
While the regulations are all-inclusive, there are basic qualifications:

  • Minimum age: 18 years
  • A valid UAE residency visa, or in the case of non-residents, an Emirates ID card/unified number
  • Substantial and active followership: no official minimum count of followers
  • Content permissible under UAE laws and within the bounds of cultural decency
  • Valid trade license or freelancer registration in Abu Dhabi

Please note that qualifications do not imply approval. Applications will be considered based on various merits, including the quality of content, the level of audience engagement, history of compliance, and respect for cultural sensitivity.

Content Restrictions
Influencers will be required to comply with UAE advertising laws that restrict advertisement of the following:

  • Tobacco
  • Alcohol
  • Gaming
  • Some medical products, except with proper authorization

All content must respect local cultural and religious sensitivities.

Impact on the UAE’s Digital Space
These regulations put into light how serious the UAE is about creating a formal and professional setting when it comes to digital marketing. They might be a headache in the beginning, but ultimately they will be a boost for credibility in influencer marketing and far more protection for consumers.

Influencer Tips
If you are an influencer operating in several Emirates:

  • Do your homework on the particular requirements of each emirate in which you work
  • Ensure compliance with both local and national regulations
  • Consider consulting a lawyer to understand these complexities better

As the online world further develops, knowing these rules will be important for all influencer marketers in Abu Dhabi and the wider UAE. For further guidance or assistance with applications for licenses, please do not hesitate to contact our team.

Understanding Alimony in UAE Divorces: Non-Muslim and Muslim Marriages

The UAE has different legal frameworks concerning alimony in divorce cases, reflecting its diverse population and the balance between civil laws and Islamic traditions. Every divorce case is thus governed either under the Civil Personal Status Law for Non-Muslims or the Personal Status Law for Muslims. The following section debates how alimony is determined under each system, indicating key factors and conditions.

ALIMONY IN NON-MUSLIM DIVORCES

For non-Muslim spouses, alimony is provided for under the Civil Personal Status Law for Non-Muslims through Decree Law No. 41 of 2022, effective February 1, 2023. The following factors are considered in determining alimony under this law:

  1. Years of Marriage. The length of the marriage impacts the amount of alimony awarded; the longer the marriage, the higher the financial support.
  2. Wife’s Age. The wife’s age is taken into consideration to determine her viability for self-sufficiency.
  3. Financial Position of the Spouses. The financial conditions of both spouses, their income and assets, are considered for a just settlement.
  4. Father’s Contribution to Joint Custody. The amount contributed to the costs of joint custody, including housing, education, and healthcare is taken into account
  5. Wife’s Involvement in Children’s Life. The extent to which the wife has participated in raising and taking care of the children influences the alimony
  6. Reason for Divorce. The grounds for the divorce may play a factor in the amount of alimony awarded, especially when grounds include fault or misconduct.

Pre-Nuptial Agreements

One peculiar aspect of non-Muslim divorces is that it allows for the enforcement of pre-nuptial agreements, which can provide the terms upon which separation is to be made and even alimony for the wife. The Civil Personal Status Law enables the courts to enforce such agreements, as long as they are valid and do not offend public policy. This gives the couple leeway to determine financial issues before marriage, thus minimizing disputes during divorce.

Termination of Alimony

The general rule of the law is that a wife’s entitlement to alimony automatically terminates in case of her remarriage. However, such provisions can be modified by a valid pre-nuptial agreement. If the agreement provides for continuing alimony after the wife’s remarriage, the courts may enforce such terms.

This flexibility gives a non-Muslim couple substantial freedom in developing their financial settlement, as long as the agreement does not violate any law or principle of public policy. Future Executive Regulations will likely further flesh out these provisions.

ALIMONY IN MUSLIM DIVORCES

The Personal Status Law, based on the principles of Shariah, controls alimony and support payments for married Muslim couples. The major provisions are outlined below:

  1. Iddah Period (Three Months). The husband is bound to pay the living expenses of the wife for the period of Iddah, which is three months after divorce. This waiting period ensures the wife’s well-being and also satisfies the religious requirements.
  2. Custodial Payments for Mothers. She will receive a monthly allowance if she is granted custody of the children, as compensation for being the custodian of the children. This amount is in addition to child support and helps the mother to take care of the children.

Alimony Termination

  • A wife’s alimony automatically stops if she remarries.
  • Alimony can also cease if the wife is proven to not be a “good Muslim.” For example, her lifestyle, behavior, or conduct may be considered against Shariah principles.

Major differences in Non-Muslim and Muslim Alimony

  • Prenuptial Agreements. In non-Muslim divorce, there is more freedom with financial matters as there can be an enforcement of pre-nuptial agreement, while in Muslim divorce, there are Shariah principles which the pre-nuptial agreements cannot override it.
  • Scope and Duration of Alimony. Non-Muslim divorces usually have more comprehensive and long-term allowances. In Muslim divorces, the emphasis is on temporary support, such as during the Iddah period, and custodial allowances.
  • Termination Conditions. Although alimony in both systems does not continue after the wife’s remarriage, for Muslim divorces, the wife’s adherence to Islamic values can be a factor that affects her right to alimony.

Conclusion

The UAE’s dual legal framework offers tailored solutions for non-Muslim and Muslim divorces, reflecting the country’s multicultural landscape and Islamic heritage. Non-Muslim couples benefit from greater flexibility through pre-nuptial agreements and broader financial considerations, while Muslim divorces emphasize Shariah principles and temporary support.

For personalized advice on your rights and obligations under these laws, consult an experienced legal professional to protect your interests.

Custody Laws in the UAE: A Comprehensive Guide for Muslim and Non-Muslim Families

Custody in the UAE is rather sensitive and multi-faceted, influenced by the type of family structure, religion, where the marriage was held, residency issues, and many more depending on the couple’s relationship. There exist different legal frameworks for custody between Muslim and non-Muslim families; some important nuances include when the custody is transferred, the responsibility tied to custody and guardianship, and how courts will make a decision.

Custody Laws for Muslims

In the case of Muslim families, all issues regarding custody are decided under the UAE Personal Status Law, Federal Law No. 28 of 2005, as amended. It prescribes the conditions that must be satisfied by custodians and the circumstances under which custody may be transferred from one parent to another.

Key Provisions of the Personal Status Law

  1. Religious Alignment
    • Article 144: The custodian must be of the same religion as the child.
    • Article 145: A mother who has a different religion from her child loses custody unless the primary court decides that it is in the interest of the child to stay with the mother up to a certain age.
  2. Conditions of Custodianship
    • The custodian needs to possess mature judgment, be of full age, and able to bring up the child.
    • He should not have been convicted of one of the offenses against honour and should not suffer from contagious diseases.
    • If female, the custodian should not be married to a person unrelated to the child unless the court decides otherwise.

Transfer of Custody

Whereas by operation of law, custody often passes from the mother to the father at various stages, depending upon whether the child is a boy or girl, such transfer is not automatic. The law presumes that the father has accepted responsibility for custody and the accompanying duties thereof in the areas of financial support and caregiving.

In practice, however, the following may be the custody arrangement:

  • Mutual Agreement: Parents can mutually agree upon a mother continuing to have custody of the child beyond the age at which the law would normally transfer that right. This is simply because a father may not want, for practical or emotional reasons, to be given custody.
  • Judicial Discretion: The Courts often apply the principle of the best interest of the child and depart from rigid interpretations of Shariah. For example, in cases where the father is incapable of taking care of the child—either financially or otherwise—the court would grant custody to the mother even when the law is explicit.

Custody and Guardianship

With custody come heavy responsibilities. If the father is unable to provide sufficient financial or emotional support to the children, the mother can appeal to the court to continue with both custody and even guardianship. The court, in this regard, assesses if the mother is in a better situation or position to handle the needs of the children and grants her more powers over the welfare of the children.

Custody Laws for Non-Muslims

Non-Muslim families in the UAE have broader choices of legal frameworks with, by comparison, more flexibility than the Shariah-based system.

Applicable Laws for Non-Muslims

  1. UAE Federal Decree-Law No. 41 of 2022
    • This law applies to non-Muslims throughout all Emirates except Abu Dhabi.
  2. Abu Dhabi Law No. 14 of 2021
    • This is the personal status law applicable to non-Muslim foreigners living in Abu Dhabi.
  3. Foreign Law
    • This allows non-Muslim couples to apply the laws of the country where they got married, according to the UAE Personal Status Law.
  4. Pre-Nuptial Agreements
    • Pre-nuptial agreements regarding custody terms on which the couple may have depended. Though the pre-nuptial agreements are not binding in matters of custody, the court can consider them if they are for the best interest of the child.

Requirements for Fosterage

Article 143 of the Personal Status Law provides the requirements that a fosterer must satisfy:

  • Sound judgment and maturity.
  • The ability to provide for and bring up the child.
  • Freedom from contagious diseases.
  • A clean criminal record.

Loss of these prerequisites will lead to the loss of custodianship.

Challenges and Considerations

  1. Religion and Custody
    • Religion forms a decisive factor in custody questions concerning the Muslim child. However, it is often at the discretion of the court as it considers the practical realities of a particular case and the custodial parent’s emotional and financial stability.
  2. Personal Circumstances and its Impact
    • A mother’s remarriage, lifestyle choices, or behavior incompatible with Islamic values can lead to the loss of custody. In practice, however, the courts often balance the child’s interest against the strict legal interpretations.
  3. Rights and Responsibilities of Custody and Guardianship
    • The court presumes that the party granted custody is able to provide financially and emotionally for the child. If the father cannot do so then the mother may request custody and guardianship for the child’s benefit.
  4. Application of Foreign Law
    • To the extent foreign law is argued, the UAE courts will often apply UAE law in cases involving Muslim children. This could vary depending on compelling circumstances.

Conclusion

Custody matters in the UAE are a sensitive balance of legal provisions, practical realities, and the best interests of the child. While laws may specify at what age custody transfers from one parent to another, the real application can widely differ based on agreements between the parents, judicial discretion, and specific case circumstances. The ultimate focus of courts is the welfare of the child, which may override strict legal interpretations.

For the families battling through such complex legal waters, an experienced lawyer needs to be consulted regarding their rights and the best welfare of their children.

Overview of DIFC Long-Term Residency Visa Application

What is a DIFC Long-Term Residency Visa?
The Dubai International Financial Centre offers a long-term residency visa to persons who fall under certain categories. In this regard, if you are an owner of property at the DIFC, which was purchased at a value of AED 2,000,000 or higher in value, then you have every right to apply for this type of visa. This would entail a 10-year residency within the United Arab Emirates for investors and property owners.

What is the validity of the DIFC Long-Term Residency Visa?
The DIFC long-term residency visa or also known as the Golden Visa, shall be valid for 10 years.

How to apply for the DIFC Long-Term Residency Visa?
In order to apply for the DIFC long-term residency visa:

  1. Log in to the DIFC client portal and raise a service request for the long-term residency visa.
  2. If you are a landlord and do not have an account, please create an account by emailing DIFC at difc@aam.ae.
  3. Access will be given through the portal to submit your application online.
  4. The application fee is AED 6,289 plus an additional AED 1,000 for the No Objection Certificate.

You will be able to pay through the portal wallet at submission.

What is the cost of the DIFC Long-Term Residency Visa?
The fees to apply for the DIFC long-term residency visa will be as mentioned herein:

  • Application fee of the visa: AED 6,289
  • No Objection Certificate: AED 1,000

Additional Clarifications
1. Is it possible for someone to apply for a Golden Visa if they have only paid part of the property’s purchase price and have obtained the remaining balance either through installments or a mortgage?
Yes, an applicant who has paid only 60% of the purchase price of an immobilized property and is paying the rest in installments or by mortgage may apply for the DIFC Golden Visa.

2. Is a person who owns more than one property in the DIFC and whose combined value is in excess of AED 2,000,000 qualified to apply for the Golden Visa?
Yes, an individual may apply for a DIFC Golden Visa if he owns several properties in the DIFC and the combined value thereof exceeds AED 2,000,000.

3. Will the unit(s) be blocked by the DIFC upon submitting the application for the Golden Visa, and what is the blocking period?
Yes, upon submission of the Golden Visa application, the unit(s) will be blocked by the DIFC. The block is for the same period as the visa, which is 10 years.

How to Report a Missing Person in the UAE

If you ever find yourself in the middle of a missing person crisis in Dubai, it is the right steps taken which make a difference. The purpose of this article is to clearly outline the steps involved in reporting a missing person in Dubai, as well as the requirements.

Purpose of Reporting a Missing Person
This is one of the important services at Dubai Police, where it ascertains that effective and immediate measures are taken to track disappeared persons. The service assists in implementing procedures against which a missing person can be searched and recovered.

Requirements for Reporting a Missing Person
In order to report a missing person in Dubai, you have to fulfill some requirements:
• ID Copy: A copy of the passport or Emirates ID of the missing person is required.
• Waiting Period: The report is acceptable only when the missing person has been absent for at least 48 hours.
• Who Can Report: The report may be submitted by the relatives, friends, or roommates of the missing individual.
• Other Requirements: Police can also request personal belongings of the missing person, such as worn clothes or a toothbrush, to help in finding him/her.

Free Service
Dubai Police offers this service free of charge, so reporting shouldn’t be difficult.

How to Report a Missing Person
1. Visit the Police Station. You have to visit a police station falling in the jurisdiction area where the missing person lives. Suppose the missing person is a resident of Al Barsha; you would report at the Al Barsha Police Station.
2. Not Sure About Which Station to Go To? If any person is not sure about going to which police station, they can call on 999 for the facilitation of Dubai Police.

Timing of Submission
You can also submit the missing person report on the same day as you visit the police station so that it can be put into action immediately.

Importance of Missing Person Reports in the UAE
Dubai is a secure city; however, cases of missing individuals are reported. The efficiency of the one reporting and responding to such cases makes a big difference in bringing the missing person home in a safe and swift manner.

Missing Person Cases in Dubai- Examples
Several scenarios depict the importance of effective reporting of the missing person, which includes:
• Tourist: A foreigner may visit Dubai for sight-seeing purposes and lost his/her way in the city. Thus, he or she may fail to reach his/her lodging facility.
• Residents: Any resident of Dubai may get missing due to personal problems or family conflicts.
• Children: There are instances concerning children who accidentally wander away from their caretakers in public places.
• Mental Health Issues: People who are mentally ill often become confused and disappear. The earlier this is reported, the easier their recovery.
• Police Raids: A missing case sometimes occurs where a police raid has taken place in an apartment. For this reason, the authorities must take prompt action.

Searching for Missing Family Members Abroad
The steps a family member overseas would follow to locate a missing family member:
1. Contact Dubai Police: Call the Dubai Police on 999 to declare disappearance and seek advice.
2. Relevant Information: One should provide full details of the missing person, including identification and last contact or any travel plans they may have had.
3. Local Contacts: One should work with friends or family members in Dubai to facilitate reporting and follow-up with the police.

Conclusion
The reporting will be important in order to facilitate timely action by the authorities. The Dubai Police are, no doubt, quite efficient and full-fledged, ready to handle such tasks; being informed is what would, in turn, make it easier for one to get through with it much faster. For any further query or help, please contact the relevant department. Stay informed, stay safe!

Banks Freezing End of Service Entitlements

What to Do if Bank Freezes Final Settlement After Switching Jobs
Suppose this were to happen: you lose your job and find another one that pays less, so you immediately intimate your bank of the change in employment and find your final settlement frozen just because the new employer is not listed with the bank. You have enough salary coming in from your new job to service the installments on your existing loans, yet the bank will have nothing of releasing your dues.

This is not an isolated incident in the UAE, and if this were your case, then it’s time to know about your rights and options. So, can your bank, legally, withhold your end-of-service entitlements or final settlement in this context? Let’s break it down.

Understanding the Bank’s Actions
The basis on which the bank will freeze your funds, even when you are still able to service your loan obligations, usually rests on the terms of the loan agreement you signed. This, in turn, means your options are going to largely depend on what the details of your agreement show. Two possible scenarios exist:

Scenario 1: Contractual Provisions Allowing the Freeze
Sometimes, your loan agreement can specify that you need to draw at least a certain minimum monthly salary as a prerequisite for the loan. This is typically employed as a kind of guarantee that gives assurance in particular of your capability to repay the loan amount taken in advance. If your monthly salary drops below this minimum value, the bank may trigger a clause that enables them to freeze your final settlement, whether or not you are in default on the loan payments.

In this case, the bank can legally hold on to the final settlement depending upon the conditions of the contract between them. Laws in UAE like Article 715 of UAE Civil Transactions Law permits allowing a loan to be tagged along with the condition of security, pledge, or mortgage.

In other words, if these are the conditions in your agreement, then the bank is not in contravention of UAE law and/or public order. This therefore will give the bank the right to lawfully deduct or freeze your settlement, as they approved the loan at a salary level that they considered adequate to protect their interests.

Scenario 2: There Are No Such Contractual Provisions
It may not be legally justified for the bank to hold the final settlement if there were no clauses in the loan agreement related to the minimum salary requirement or any clause that allows the bank to withhold your final settlement upon a decrease in salary.

In this regard, the bank shall not freeze your final settlement in case:
• You are not in default of your loan obligations, and
• Your new salary is still sufficient to pay the monthly installments of the loan.

If both of the above exist, then you have enough reason to approach the bank to unfreeze your account. You may need to approach the bank with proof that your new salary can still meet your loan obligations. It is also likely that even now, the bank may offer to restructure the loan in view of change in your salary. This may sound superfluous, but the restructuring can actually offer an opportunity to cut down on your monthly payments, making it easier for you to be able to afford it longer term.

What Should You Do If the Bank Refuses to Release Your Settlement?
If, in case of a bank continuing not to release your end-of-service entitlements despite approaching them to resolve the matter, you may do the following:
• Review Your Loan Agreement: Check your agreement for any clauses that enable the bank to apply this action. Look at every word regarding salary requirements or end-of-service payments being in the nature of collaterals.
• Approach the Bank: Write to the bank while providing proof of your current salary and financial ability with which to service the loan.
• Loan Restructuring: You can also demand loan restructuring according to your revised salary. This is either an extension of the tenure of the loan or the amount you pay every month.
• Lodge a Complaint: If, after all, the bank does not release your settlement, you can file a formal complaint to the Central Bank of the UAE or to Sanadak, the UAE’s consumer protection platform. Your complaint should mention your right to have your money returned based on the UAE Civil Transactions Law and what the bank is supposed to do based on the regulations and guidelines on consumer protection by the Central Bank.

Protecting Your Future
It always pays to be one step ahead, and as transparent as possible with your bank when there is a significant change in the status of employment or income. This may reduce chances of funds freezing for an unknown reason. Secondly, read your loan agreement in detail before signing, making sure you know what rights the bank has, and what you are obliged to do.

Conclusion
Whether your bank has legal rights to withhold your final settlement in case of a job change is, of course, a matter of the exact contractual terms agreed upon between you and the bank. In that case, if there is a provision in the contract stating that they could freeze one’s funds due to a salary decrease, then they can be considered justified. In the absence of this, it may not be justified for the bank to freeze your funds if the salary is sufficient to cover installments on a monthly basis.

In such a case, one would be advised to consult with an attorney who can best discuss and make the proper decision regarding one’s rights. For a situation like this, at LYLawyers, we can represent you in court due to the financial situation presented and give you the legal representation needed to settle your case. Feel free to call us today and book your appointment so that we may take you through such woes.

Understanding Protections for Victims Under UAE Domestic Abuse Law

The UAE’s fight against domestic violence has evolved over time, with the government passing Federal Law No. 13 of 2024 on Domestic Abuse (the “New Law“). First and foremost, this legislation superseded Federal Decree-Law No. 10 of 2019 and broadened the scope of definition for domestic abuse, coupled with further protection for victims.

From a victim’s standpoint, it is crucial to understand the protections available, the mechanisms in place for reporting abuse, and the support services that can be accessed. Below is an analysis of these protections and the steps a victim can take to report a case.

Protections of Victims Under the New Law
The New Law provides a number of layers to protect victims in order for them to come forward safely and find much-needed support. The protections include the following:

  1. Broader Definition of Domestic Abuse
    The definition of domestic abuse can now include everything from physical abuse through psychological, sexual, and economic harm. This means coercive control, financial manipulation, or even emotional intimidation are abuses in their own right, against which protection can be sought.
  2. Emergency Protection Orders (EPOs)
    The victim may now apply for what is termed an Emergency Protection Order, a court order granting the victim immediate protection. In essence, EPOs are meant to restrain the abuser from communicating with the victim, entering into the victim’s home, and harassing in whatever manner or communicating with the victim. An EPO can be issued in the absence of the abuser and is enforceable the very moment it is issued.
  3. Restraining Orders and Long-Term Protection
    In addition to EPOs, victims can also seek long-term protection through restraining orders. These orders grant continued protection against the abuser for a longer period and afford a legal means of keeping the abuser at a distance.
  4. Access to Shelters and Support Services
    Victims have the right to temporary shelter, counseling, and rehabilitation programs. Such services offer a haven for the victims to protect themselves and take necessary psychological and emotional counseling in overcoming the traumatic abuse.
  5. Medical and Psychological Assistance
    Medical treatment and psychological counseling also form part of the protective measures for the victims. By law, healthcare facilities are charged with the provision of the necessary care for the victims and the reporting of suspected cases of abuse to the appropriate authorities.
  6. Right to Confidentiality and Non-Retaliation
    The New Law has kept the victim’s identity and other details concerning the case private. It is also protective against the abuser’s retaliation, which, in other simpler words, signifies that any threatening behavior, harassment, or inflicting more harm on the victim for reporting the abuse will result in a more extended sentence given to the abuser.

Filing a Domestic Abuse Case: A Step-by-Step Approach for Victims
It is intimidating and overwhelming for the victims when it comes to reporting a domestic abuse case. The New Law has, however, provided a clearer route of reporting and supporting mechanism so that this process becomes easier and more accessible. Following is the step-by-step process of how the victim can report a case:

  1. Call the Police or Emergency Services
    If the victim is at immediate risk or in danger of their life, it advises calling 999-the UAE police for emergencies-or reporting to the nearest police station. The police are trained to handle cases of domestic abuse and can provide protection on the spot, initiate an investigation, and refer the victim to shelters or medical attention.
  2. File a Complaint with the Family Protection Department
    Victims can also directly approach the Family Protection Department at the police station. The Family Protection Department handles the cases of domestic abuse and issues EPO or restraining orders against the offender.
  3. Seek Medical Care and Report Abuse
    If the victim has sustained injuries or needs any medical assistance, then they need to be treated at the hospital or clinic. Any hospital or clinic medical staff is bound to document any injuries compatible with domestic abuse. The physician’s documentation could be evidence in a case.
  4. File for a Protection Order
    A victim may make an application for a Protection Order through the Family Protection Department or courts. Legal services are usually provided to support a victim in making such an application. Once granted, the Protection Order restricts the movement and contact of the abuser with the victim.
  5. Contact Social Services or Victim Support Centers
    Presently, there are numerous bodies and facilities that provide services to the victims of domestic abuse in UAE. Some of them provide shelter facilities while others offer counseling facilities; a few even offer free legal services. The victim may go to such centers on their own or at the police’s recommendation.
  6. Utilize Reporting Hotlines and Apps of the UAE
    The UAE has established several dedicated hotlines and mobile apps through which domestic abuse can be reported. Some of them are listed below:
  • For Women and Children
    • EWAA Shelter for Women and Children on hotline 800 7283: Dedicated to supporting women who are victims of domestic violence.
    • Dubai Foundation for Women and Children (Dubai) on 800 111: Offers victims immediate protection and support services in accordance with international human rights obligations.
    • Hemaya Foundation for Children and Women (Ajman) on hotline 800himaya (800 446292): Providing care, shelter and rehabilitation programs for victims of domestic and community violence in all its forms.
    • Aman Centre for Women and Children through RAK Police on 07-2356666: Ensures shelter, protection and legal aid for victims of violence and trafficking in persons.
    • Protection Foundation for Women and Children (Ajman/Local) on 0508973223: Strives to provide the necessary assistance and psychological support to victims of violence, women and children.
  • For Children
    • Child Protection Centre (Sharjah) on toll-free helpline number (Sharjah/ Local) on 800 700: For reports related to children exposed to risks and attacks of all kinds, such as physical, sexual, and emotional abuse, and neglect.
    • Child Protection Centre (Abu Dhabi/ Federal) on 116111: Can be used to report abuse against children, including domestic violence.
  • For Families / General Support
    • Family Welfare Authority (Abu Dhabi/ Al Ain/ Local) on 8005354: Allows disputing parties to submit a request to the Social Support Centres to look into the problem and amicably reach a solution.
  • Mobile Reporting Options
    • Police Eye App: Allows residents to report domestic violence cases discreetly through a mobile application.
    • DFW App: offers victims immediate protection and support services in accordance with international human rights obligations
  1. Engage a Legal Representative
    A legal representative can be quite useful in guiding the victim through the legal process. Lawyers can assist the victim in filing their complaints, seeking Protection Orders, and even in court appearance.

Important Points to Note by Victims
Victims of domestic abuse in the UAE are now further protected legally. The New Law goes a long way in providing wider definitions of abuse, immediate and long-term protective measures, a robust infrastructure of support, and importantly, has eased the process of reporting abuse without retaliation or exposure.

Identifying these rights and protections can make all the difference for victims and their loved ones in their search for safety and justice. If you, or someone close to you, is a victim of domestic violence, we encourage the contacting of law enforcement, social services, or a legal professional if necessary to seek options for relief and protection.