Nominal Ownership of Property in UAE – Q&A

Nominal Ownership Of Property In UAE - Q&A

  1. What is nominal ownership of a property?
    It is when a property is officially registered in the name of someone other than the owner.  For example, I buy a property and register it under my friend’s name.

  2. Is nominal ownership of a property in the UAE legal? 
    -The UAE does not recognize nominal ownership of real estate assets. 
    -In the UAE, property registration, as is reflected in the title deed, is undisputed evidence of property ownership.
    -For title deed to be treated otherwise, would contradict the principles of 1) security and insurance, 2) confirmation of property registration, 3) integrity of the land registry. 
    -Therefore, the title deed is considered to be an absolute authority.

  3. Are there ways to challenge such ownership?
    Only if there is proof of either fraud or forgery. 

  4. What are the consequences of nominal ownership? 
    -Attempts to challenge the ownership will result in extensive legal fees and court proceedings.
    -The person listed on the title deed is the legal owner.
    •  
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Health Insurance in UAE

Health Insurance in UAE - Q&A

  1. Is UAE health insurance mandatory?
    Yes, although it is more regulated in Dubai and Abu Dhabi, as compared to other emirates.

     

  2. What laws cover UAE health insurance? 
    There are both federal and emirate-based laws. Most Emirates have their own specific health-insurance regulations, which apply to their residents. But at the federal level, the UAE Immigration Law lists health insurance coverage as a requirement for all types of visas and residencies.

     

  3. Who does the UAE health insurance apply to? 
    All residents of the UAE are supposed to be covered by health insurance.  This includes even those who are self-sponsored, for example on Golden Visas. Furthermore, even tourists are supposed to have health insurance in UAE.

     

  4. Who has the responsibility of providing health insurance in the UAE?
    The sponsor has the obligation to provide health insurance in UAE.  For example, companies sponsoring employees must provide health insurance to their employees.  However, if employees are sponsored by someone else or self-sponsored, then the obligation is on the sponsor.  This applies to Golden Visa sponsors.

     

  5. Is there a basic level of protection/coverage for UAE health insurance?
    Yes, it is called the Essential Benefits Plan and it applies automatically to all residents in Dubai.  This plan covers 1) basic tests, 2) diagnosis, 3) treatment, 4) as well as emergencies in all Emirates.

     

  6. What are the penalties for not providing/having UAE health insurance?
    The penalties depend on the violation.  Under the Dubai Health Insurance law, the penalties range from AED 500 to AED 150,000.  Employers who fail to provide health insurance to their employees, are subject to AED 1,000 fine/employee. Employers who demand their employees to cover the costs of health insurance can be subject to AED 10,000/fine.  
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Business Set Up In UAE | Minimum Age

minimum age to trade in uae

Minimum Age To Start Business In UAE

minimum age to trade in uae

Minimum age for starting a business in the UAE has been lowered to 18 years of age. This is as compared to the previous law, which had set the minimum age to 21. 

This means that, now, individuals who are 18 years old, and above can freely own, transact, manage and set up a business in the UAE. 

Furthermore, minors who are between the age of 15 and 18, can also trade in the UAE. Although they are subject to certain regulations, as per the UAE Cabinet. 

This became possible by virtue of the UAE new Commercial Transactions Law, which is the Federal Decree Law No. 50 of 2022 re: Commercial Transactions Law, and Articles 18.1 and 18.2, in particular. Which replaced the previous Commercial Transactions Law No. 18 of 1993.

@ludmilayamalova Minimum age to do business in UAE #ludmilayamalova #lylawdubai #learnontiktok #legaltiktok #business #startups #uaebusiness ♬ original sound - Unreal Keanu Reeves

Business Set Up In UAE | Minimum Age - FAQ

You need to be 18 years of age to set up a business in the UAE.

Yes. Individuals aged between 15 to 18 years can trade in UAE however, will be subject to certain regulations as per the UAE Cabinet.

Freelance license in UAE is now available for those who are 18 years of age and up. Read more.

Primarily you need to obtain a business license and it needs to be for a specific business activity that you wish to conduct. Learn more.

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Alimony Under Family Law for Non-Muslim Divorces in UAE

Alimony under Family Law for Non-Muslim Divorces in UAE

Alimony Under Family Law for Non-Muslim Divorces in UAE

Alimony under Family Law for Non-Muslim Divorces in UAE

Alimony for women, in non-Muslim UAE divorces, under the new UAE Family Law, is calculated based on a number of factors. 

They include, among other things:

    1. Years of marriage
    2. Wife’s age
    3. Financial position of the spouses
    4. Father’s financial support towards joint children’s custody
    5. The extent of a wife’s involvement in their children’s lives. 
    6. As well as, the reason for divorce.

Importantly, under the Family Law for UAE divorces, the wife’s right to alimony ends in the event she remarries. 

This is in line with the UAE Decree Law No. 41 of 2022, which became effective on February 1, 2023. And which is now the default law for all non-Muslim divorces in UAE. 

Notably, this Family law is also subject to further Executive Regulations, which will introduce further clarifications, in due time. 

Alimony Under Family Law for Non-Muslim Divorces in UAE - FAQ

Yes. In the cases of UAE divorces, women can get alimony under the new Family Law. However it is calculated based on a number of factors.

The new Family Law for divorces in UAE calculates alimony for women based on a number of factors. Among other things, they include: 

  • Years of marriage
  • Wife’s age
  • Financial position of the spouses
  • Father’s financial support towards joint children’s custody
  • The extent of a wife’s involvement in their children’s lives. 
  • As well as, the reason for divorce.

No. In fact under the Family Law for UAE divorces, the wife’s right to alimony ends if she remarries.

Both parents, by default, have equal and joint right to custody of their children. Importantly, this right is also granted to children, so that they are not deprived of one parent or another.

UAE Golden Visa – Real Estate Investor Visa Dubai & Other Emirates

golden visa for real estate investors

Golden Visa for Real Estate Investors

golden visa for real estate investors

UAE Golden Visa is available for real estate investors. 

Eligibility  

To qualify for UAE Golden Visa on this basis, a number of requirements must be met. 

    1. The total value of the real estate investment must be at least AED 2 million.  This may include multiple properties.
    2. Next, the real estate investment must be wholly owned by the Investor. 
    3. If the property is mortgaged, it can also qualify, as long as the mortgage is from a local bank.
    4. Golden Visa is also available for real estate investors in Dubai & other emirates in the off-plan properties.
      • As long as the total value of the investment is at least AED 2 million. 
      • And the purchase is from local companies, approved by the authorities. 
    5. There is also a requirement of comprehensive health insurance, throughout the validity of the permit.

Application 

  • Applications for the real estate investor visa in Dubai must go through the Dubai Land Department. 
  • For other emirates, applications should be made through the ICA.

This is in line with the UAE Cabinet Resolution No. 65 of 2022. And Article 8, part II, in particular.

UAE Golden Visa - Real Estate Investor Visa | FAQ

  • The total value of the real estate investment must be at least AED 2 million.  This may include multiple properties.

The real estate investors in Dubai can apply for the UAE Golden Visa through the Dubai Land Department.

Application for the UAE Golden Visa for other Emirates must be made through the ICA.

No. In order to qualify for the UAE Golden Visa –  Real Estate Investor Visa in Dubai and other Emirates, the property must be wholly owned by the investor.

Yes. As long as the property is mortgaged from a local bank – the real estate investors in Dubai or other Emirates can qualify for the UAE Golden Visa.

Maintaining UAE Golden Visa | Overview

Maintaining Golden Residency UAE

Maintaining Golden Visa

Maintaining Golden Residency UAE

The UAE Golden Visa, which is issued for 10 years, can be maintained for the entire 10-year period, provided that certain conditions are met. 

Specifically, to maintain UAE Golden visa, the holders: 

  • Must be able to support themselves and their family members, who are sponsored by them, throughout the period of their residency. 
  • They must, also, maintain valid health insurance, throughout the entire period. 
  • And, depending on the category of the Golden visa, they may have to continue to fulfill the conditions, in full or in part, which qualified them for the Golden Residence Permit, at the outset. 

In general, the ICA, which is the UAE governing Authority over such matters, may issue decisions, setting out specific conditions, required for Golden Residency holders to continue to maintain their residency,

This is in line with Article 4 of the Annex to the UAE Cabinet Resolution No. 65 of 2022. And the corresponding regulations. 

Golden Visa UAE Benefits - FAQ

  • The holder must be able to support themselves and their family members, who are sponsored by them
  • They must maintain valid health insurance,
  • And, depending on the Golden Visa category, they may have to continue to fulfill the conditions, in full or in part.

Yes. The dependent family members’ of Golden Visa will continue to remain valid until permit expiration period.

No. There is no requirement to visit the UAE, every 6 months as compared to types of residencies.

The Golden Visa UAE is issued for 10 years and renewable for the same period of time.

Yes. Golden Visa holders can in fact start a business, work and even invest in the UAE.

Golden Visa UAE | Benefits

Golden visa uae benefits

Golden Visa UAE Benefits

Golden visa uae benefits

The UAE Golden Residency has many benefits. Some of the most notable benefits are as follows. 

  1. Golden Visa UAE Benefits –  Long Term Residency
    It is a long-term residency permit for the UAE, issued for 10 years and renewable for the same period of time.
  2. Golden Visa UAE Benefits –  Self-Sponsorship
    It is a form of self-sponsorship, without the requirement of a Guarantor or a Host.
  3. Golden Visa UAE Benefits – Ability to Sponsor Family Members
    Golden Residency applies, equally, to family members, including spouses, children, regardless of their age and parents.
  4. Golden Visa UAE Benefits – Opportunities
    Golden Residence is available for various activities in the UAE, including to work, to invest or to start a business.
  5. Golden Visa UAE Benefits – Long-Term Sponsorship of Domestic Workers
    Golden Residency holders can recruit domestic service workers for 2 years, as compared to 1 year for other residents. 
  6. Golden Visa UAE Benefits – No 6-month Re-Entry Rule
    There is no requirement to visit the UAE, every 6 months, to maintain the residency, as is the case with other types of residencies.
  7. Golden Visa UAE Benefits – Multiple Entry for those Eligible
    Those who are eligible for Golden Residency and are outside of the UAE, are entitled to a 6-month multiple entry Visa, renewable for another 6 months, to complete the permit process.
  8. Golden Visa UAE Benefits – Validity of Visa in the Event of Death
    In the event of death of the main holder of the Golden Residency Permit, the dependent family members’ Golden Residency remains valid, until the expiration of the permit. 

This is in line with, among other things, Articles 1 and 3 of the Annex to the UAE Cabinet Resolution No. 65 of 2022. As well as other provisions in the UAE Immigration Laws and regulations. 

Golden Visa UAE Benefits - FAQ

Yes. In the event of death, the dependent family members’ of Golden Visa will continue to remain valid until the expiration of the permit.

No. There is no requirement to visit the UAE, every 6 months as compared to types of residencies.

The Golden Visa UAE is issued for 10 years and renewable for the same period of time.

Yes. Golden Visa holders can in fact invest, work and even start a business in the UAE.

Yes. To clarify, Golden Residency holders can recruit domestic workers for 2 years, as compared to 1 year for other types of residencies.

Civil Divorces in UAE – Guide

civil divorce in uae

Civil Divorces in UAE

civil divorce in uae

Divorces for non-Muslim residents of the UAE. are now subject to a new UAE. Civil Personal Status Law.

This new law applies specifically for non-Muslims and will now be the default law for all non-Muslim divorces.  The law is UAE Federal Decree Law No. 41 of 2022. Which came into effect on February 1, 2023.

  • At a high level, the new law states that men and women are equal, in divorce, in terms of their rights and obligations.
  • This means that, among other things, parties have equal right to: 1) a unilateral divorce and/or 2) a divorce without having to prove fault.
  • Also, both parents, by default, have equal and joint right to custody of their children. 
  • Notably, this right is also granted to children, so that they are not deprived of one parent or another.  
  • Furthermore, irrespective of the type of divorce, women have the right to alimony from their ex-husbands. Which is calculated based on a number of expressed factors.
  • Also, noteworthy, parties’ pre-nuptial or post-nuptial agreements are enforceable, under this law.

Civil Divorces in UAE | FAQ

The alimony for women in non-Muslism divorces are calculated based on a number of factors:
They include, among other things:

  • Years of marriage
  • Wife’s age
  • Financial position of the spouses
  • Father’s financial support towards joint children’s custody
  • The extent of wife’s involvement in their children’s lives. 
  • As well as, the reason for divorce.

No. As per the law, the wife’s right to alimony ends in the event she remarries.

Yes. Among other things, parties have equal right to: 1) a unilateral divorce and/or 2) a divorce without having to prove fault.

Both parents, by default, have equal and joint right to custody of their children. Importantly, this right is also granted to children, so that they are not deprived of one parent or another. 

Yes. Parties’ pre-nuptial or post-nuptial agreements are enforceable, under this law

Civil Marriages in UAE | Overview

Civil Marriages in UAE - Non-Muslim Residents & Citizens

Civil Marriages in UAE

Civil Marriages in UAE - Non-Muslim Residents & Citizens

Civil marriages in UAE can now be registered in the country, across all Emirates.  The right to have a civil marriage in UAE is available for all non-Muslim: 1) residents and 2) citizens.  

  • At a high level, civil marriages in UAE are registered in the local Courts, of the relevant Emirate, before a specialized notary judge.
  • Previously, only Muslim marriages could be registered in the UAE. Courts. 

To qualify for a civil marriage in UAE:

  • The couple must be a man and woman, who are at least 21 years old.
  • Both of them must be single, as confirmed by a declaration to that effect.
  • And, the marriage must be 1) consensual and 2) not incestuous.

Among other things, at the time of registering the marriage, the parties can also register:

  • A marriage contract, outlining the terms of their marriage and divorce, or otherwise known as a prenuptial agreement.
  • As well as a will, outlining the distribution of the parties’ interests in the event of death.

Civil marriages in UAE. have become possible by virtue of a brand new law, which is the UAE Federal Civil Personal Status Law No. 41 of 2022. Which came into effect on February 1, 2023.

Notably, prior to this federal law, civil marriages were available in the Emirate of Abu Dhabi only. By virtue of Abu Dhabi’s own law. 

Civil Marriages in UAE | FAQ

Yes, prior to this federal law, civil marriages were available in the Emirate of Abu Dhabi only. However, now it is applicable across all Emirates.

At a high level, civil marriages in UAE are registered in the local Courts, of the relevant Emirate, before a specialized notary judge.

The right to civil marriage in UAE is open to all non-Muslim residents and citizens in the country.

In order to qualify for civil marriage in UAE: 

  1. The couple must be a man and woman, of at least 21 years of age.
  2. Both of them must be single. 
  3. And, the marriage must be consensual

Yes, now non-Muslim civil marriages can have a marriage contract, outlining the terms of their marriage and divorce.

Business Setup in Dubai OR Other Emirates | Overview

how to setup business in Dubai & other emirates

Business Setup in Dubai OR Other Emirates | Overview

how to setup business in Dubai & other emirates

To start a business in Dubai or other Emirates, there are a few rules and guidelines.

  1. First and foremost, you need to have a business license.
    This license needs to be for a specific business activity, which you wish to conduct.
  2. Depending on the activity, you need to choose the relevant economic zone.
    It could be either on the mainland or in a free zone. In the Emirate of your choice.
  3. The exact location of your business would also depend on 1) whether and 2) what type of employees you wish to hire. 
  4. Once you choose the right business zone, you need to submit an application to that authority, with the relevant information about yourself and your business. And pay the licensing fee.
  5. You also need to choose an office and sign a lease agreement.
    It could be either for a physical office or a flexi-desk.
  6. You will also need to create your corporate logo and stamp. 

These are some of the required steps for the issuance of a basic business license.

Additionally, depending on your business, you may also be required to:

  • Open a corporate bank account.
  • Obtain various insurance policies.
  • Appoint an auditor.
  • And, register your business with the tax authority.

Importantly, your business license will need to be renewed every year, along with the submission of certain documents and payment.

Business Setup in Dubai OR Other Emirates - FAQ

First and foremost, you need to have a business license. This license needs to be for a specific business activity, which you wish to conduct.

Yes, you are a business license in order to home business in Dubai or the other Emirates.

Minimum age for trading or owning a business in the U.A.E. has been lowered to 18 years of age. This is as compared to the previous law, which had set the minimum age to 21. 

Yes. Minors who are between the age of 15 and 18, can also trade. Although they are subject to certain regulations, as per the U.A.E. Cabinet.

Yes, you require a business license even if you are a Golden Visa holder.