Admin

Introduction

Navigating the intricacies of divorce in the United Arab Emirates requires a thorough understanding of the legal landscape, especially for expatriate couples. Whether Muslim or non- Muslim, the process involves distinct steps and considerations. In this comprehensive guide, we unravel the steps involved in filing for divorce in the UAE, shedding light on the nuances of the legal system that impact the lives of those seeking to end their marriage in this diverse and dynamic country.

Steps for Filing a Divorce in the UAE

Divorce proceedings in the UAE involve a structured process that begins with the registration of the case. Here’s a step-by-step guide to help navigate through the complexities of divorce in the UAE.

Step 1: Case Registration Initiate the divorce process by registering the case at the Family

Guidance Section in the respective judicial department of one of the emirates. This step can be initiated by either party.

Step 2: Conciliatory Procedure

Upon case registration, a court-appointed conciliator intervenes to reconcile the divorcing parties. This mandatory procedure allows parties to express their concerns related to the marriage in the absence of legal representatives.

Step 3: Amicable Resolutions

Amicable divorces can be concluded during the conciliatory stage. Parties, with the guidance of the conciliator, draft a settlement based on mutual understanding. The signed settlement doesn’t necessarily adhere to UAE law and can facilitate a smoother divorce process.

Step 4: Referral to Court

If reconciliation efforts fail and one or both parties are determined about the divorce, the conciliator issues a referral letter. This letter permits the claimant to proceed before the court to conclude the divorce case. It must be submitted to the court within three months from the date of issue.

Step 5: Court Proceedings

Once in court, the divorce case falls under the court’s discretion. Each party must provide evidence to support their claims and defenses. The court evaluates the particulars of the case, and the divorce process progresses accordingly.

Divorce Laws for Muslim Couples

For Muslim couples, especially if both spouses are Muslims and residents in the UAE, Sharia/UAE law is likely to be applied to their divorce. In Dubai, the process begins with registering the case at the Moral and Family Guidance Section of the Dubai Courts. Attempts to reconcile divorcing parties will be made with the guidance of an appointed counselor. If both parties are adamant about the divorce, then the case is forwarded to the courts. Situations when one desires to reconcile while the other doesn’t will still end up being forwarded to the courts.

Divorce Laws for Non-Muslim Couples

Non-Muslim expatriate residents have the option to file for divorce in their home country or apply for divorce in the UAE. If they prefer the law of their home country, they can petition for it before the court, as stipulated by Article 1 of Federal Law No 28 of 2005.

Children’s Custody: The custody and guardianship of children are addressed under Federal Law No 28 of 2005 & Latest laws applicable. The biological mother is the custodian, responsible for day-to-day care, while the father is the guardian, responsible for financial support. Custody and guardianship are separate, with the court prioritizing the best interests of the child.

Ending Custody Period: Article 156 of the law states that custody under the mother ends when the son reaches 11 and the daughter reaches 13. The father, being the guardian, can claim custody thereafter.

Qualifications for Custodians: Custodians must be rational, mature, honest, able to care for the child, free from infectious disease, and not sentenced for a crime of ‘honour’. Additional requirements apply if the custodian is the mother or the father.

Travel Bans: A custodian cannot travel with the child without the guardian’s approval, and vice versa. Travel bans can be obtained to prevent unauthorized travel, and disputes can be referred to a judge for resolution.

Time Taken for Divorce: The duration for finalizing a divorce in the UAE varies based on the complexity of the case. On average, it can take three to six months, sometimes more, depending on the intricacies involved. Parties should be prepared for a process that demands careful consideration and, in some cases, patience. Seeking legal advice is crucial to ensure a smooth and fair divorce procedure within the stipulated time frame.

Conclusion

Ending a marriage, especially in a foreign land, involves a nuanced legal journey. As we conclude this guide, it’s essential to recognize that the path to divorce in the UAE is shaped by the unique circumstances of each case. Whether influenced by Sharia law or the personal laws of the home country, the complexities demand a well-informed and patient approach. Seeking professional legal advice is not just a recommendation but a fundamental step to ensure a fair and expedient resolution for those traversing the challenging terrain of divorce in the UAE. To get professional legal help contact us at help@daralhaqooq.com.

Introduction:

In the dynamic landscape of employment rights and responsibilities in the United Arab Emirates (UAE), understanding the provisions regarding leaves, sick days, and termination is essential for both employers and employees. The UAE’s legal framework meticulously outlines various types of leaves, ranging from annual and sick leave to maternity and parental leave, ensuring that workers are provided with adequate time off to attend to personal and family matters. Additionally, termination clauses delineate the circumstances under which contracts can be ended, safeguarding the interests of both parties involved.

In this comprehensive exploration, we delve into Articles 28 to 35 of UAE employment laws, which delineate the intricacies of different types of leaves, the entitlements of workers during leaves, and the procedures governing termination of employment contracts. By elucidating these regulations, we aim to provide clarity and guidance to employers and employees alike, fostering a work environment grounded in fairness, respect, and accountability.

Types of Leaves

1) Annual Leave

Annual leaves are full pay leaves on public holidays or holiday on next day or pay with 50% increase or more.

Annual leave with full wage for full time workers, of not less than;

• Thirty days for each year.
• Two days for each month, if above 6 months and less than 12 months.
• A leave for parts of the last year he spent at work, if his service ended before using his annual leave balance.

Part-time workers are also entitled to annual leave according to the time served and as mentioned in the employment contract.

• During probabtion, the employer may annual grant leave or pass on for for later. If the employee does not complete the probation period then the leave amount shall be paid to the employee.
• Workers should get their annual leave days within the year. Employers can schedule these days based on work needs, after discussing with the worker, or share them among employees for smooth work flow. The employer must inform the worker about their leave date at least a month in advance.
• With employer approval and following establishment rules, a worker can carry forward unused leave days to the next year.
• During annual leave, workers are entitled to their regular wage.
• Public holidays within the annual leave period count as part of the leave, unless the contract or establishment rules offer better terms for the worker.
• Employers can’t stop workers from using leave accumulated for more than two years, unless the worker prefers to save it or receive payment according to establishment rules. If a worker leaves the job before taking accrued leave days, they should receive payment for these days based on the basic wage and the duration of their employment.

2) Maternity Leave

The female worker shall be entitled to a maternity leave of (60) sixty days, according to the following:

• The first 45 days with full wage.
• The following 15 days with half wage.
• The female worker shall be entitled to it, if the delivery took place 6 months or more after pregnancy, whether the fetus was born dead or alive and then died. Leave can be granted starting from the last day of the month preceding immediately the month, in which she is expected to give birth, and this shall be proven by a certificate issued by the medical entity.

3) Sick Leave

If infected by a disease not arising from work injury, worker shall inform employer not exceeding 3 working days with medical report. No sick leave with pay during probation period.

After probation, Worker is entitled to 90 continuous or intermittent days per year, provided that it is calculated as follows:

• The first 15 days with full pay.
• The following 30 days with half pay.
• The following period is unpaid.

4) Bereavement Leave

Bereavement Leave is a paid leave policy granted by the employer in the situation where an employee loses his/her family member, relative, spouse, children, sibling, or any other relationship.

• 5 days, in case of death of the husband or wife.
• 3 days in case of death of the mother, father, son, brother, sister, grandson, grandfather or grandmother, starting from the date of death.
• A parental leave for a period of 5 working days, for the worker (either the father or mother), who has a newly born child, in order to take care of his child and the worker is entitled to such leave for a continuous or intermittent period, within 6 months from the date of the child birth.
• Upon discretion study leave can be granted for a period of 10 working days per year for exams on employment of more than two years.

5) Unpaid Leaves

The worker may, after obtaining the approval of the employer, have an unpaid leave.

Notice period and Leave – If terminated during leave, the notice period will start from the day of joining.

Termination

Article 42 – Termination of employment contract

The situations mentioned below will be considered as termination of contract:-

• The written agreement of both parties upon its termination.
• Expiry of the term specified in the contract, unless it is extended or renewed as per the provisions hereof.
• Based on the wish of either party, provided that the provisions hereof regarding termination of the employment contract and the notice period agreed upon in the contract are observed.
• The employer’s death, if the subject of the contract is related to its entity.
• The worker’s death or full permanent inability to work, as proven by a certificate issued by the medical entity.
• A final judgment issued against the worker by a freedom-restricting penalty for a period of not less than 3 months.
• Closing the establishment permanently, in accordance with the legislation in force in the State.
• The bankruptcy or insolvency of the employer, or any economic or exceptional reasons that prevent the continuation of the project, in accordance with the conditions, rules and procedures specified by the Implementing Regulation and the legislation in force in the State.
• The worker’s failure to fulfill the conditions for renewing the work permit for any reason beyond the control of the employer.

Article 44 – Workers dismissal without notice

In the situations mentioned below the workers can be dismissed without notice:-

• If a worker pretends to be someone else or uses fake documents.
• When a worker’s mistake causes significant losses or deliberate damage to the employer’s property, reported within seven days to the Ministry.
• Not following written safety instructions at work.
• Repeatedly failing to do the job despite warnings after a written investigation.
• Revealing confidential work information leading to losses for the employer.
• Being intoxicated, using drugs, or behaving inappropriately at work.
• Physically assaulting anyone at the workplace, breaking the law.
• Absence from work without a valid reason for more than 20 intermittent days or 7 consecutive days.
• Misusing the job for personal gain illegally.
• Joining another company without following proper procedures.

Article 45 – When worker quits without notice and retains his rights upon end of service in any of the following cases mentioned below :-

• If the employer breaks their promises in the contract or laws, and despite notifying the Ministry and giving 14 days’ notice, they don’t fix the issue.
• If the employer or their representative harms or harasses the worker at work, and the worker informs the authorities and the Ministry within 5 days.
• When there’s a serious danger at work threatening the worker’s safety or health, and the employer is aware but doesn’t take action to remove it.
• If the employer assigns the worker significantly different tasks from what was agreed upon in the contract, without the worker’s written agreement, except in necessary cases outlined in Article 12.

Article 47 – Illegitimate termination of worker

• If a worker is fired for making a serious complaint to the Ministry or suing the employer, which is proven valid, the termination is illegal.
• In such cases, the employer must compensate the worker fairly, determined by the court. The compensation considers the job type, damage caused, and the worker’s service duration. However, this compensation can’t exceed the worker’s three-month wage.
• This compensation doesn’t replace the worker’s right to receive notice period pay or end-of-service benefits as per the law.

Article 50 – Unlawful absence from work

If a foreign worker leaves work for illegitimate reason before the end of contract term, the worker cannot get a work permit for another job for 1 year from the date of absence from his previous work.

Conclusion:

As we conclude our examination of Articles 28 to 35 of UAE employment laws, it becomes evident that these regulations serve as pillars supporting a balanced and equitable relationship between employers and employees. By delineating the entitlements and obligations regarding leaves, sick days, and termination, the legal framework endeavors to uphold the rights and dignity of workers while ensuring the smooth functioning of businesses.

In navigating the complexities of leaves and termination clauses, both employers and employees must remain vigilant and informed, adhering to the stipulations outlined in the law. By fostering open communication, mutual respect, and adherence to legal provisions, employers and employees can cultivate a work environment conducive to productivity, well-being, and professional growth.

As we move forward, let us uphold the spirit of collaboration and understanding, recognizing the importance of compliance with employment laws in fostering a harmonious and thriving workforce in the UAE.

Introduction:

Navigating the intricate landscape of employment in the United Arab Emirates (UAE) requires a deep understanding of the rights and responsibilities inherent to both employers and employees. In this dynamic and diverse business environment, adherence to the legal framework governing employment relationships is paramount. From ensuring fair treatment and compensation to fostering a safe and inclusive workplace, both employers and employees play integral roles in upholding the principles of equity and dignity.

In this exploration, we will delve into the core obligations of employers and employees in the UAE, shedding light on the legal framework that governs their interactions. By understanding these obligations, we aim to promote harmonious and mutually beneficial relationships in the workplace, ultimately contributing to a thriving and resilient economy.

Employer’s Obligation

Article 13 of the Federal Decree Law No. 33 of 2021 regarding the Regulation of Employment Relationships determines the Employer’s obligations and are mentioned below :-

• Employer shall maintain and keep records of the worker for not less than two year from the end of service date & not withhold any official document of worker or force him/her to leave the state at the end of service.
• Provide employee with accommodation or pay in cash or include the accommodation in the wage.
• Invest in development of skills of the worker and provide minimum amount of qualification, training, and empowering tools according to the law.
• Protect workers from the risk of occupational disease and injuries that may occur during work.
• Take necessary action to ensure that the employee is aware of his rights and obligations at work.
• Bear the costs of medical care, insurance, contributions and guarantees of the worker according to the law.
• Give the worker, as per his request and upon expiry of the employment contract, a certificate of experience, without fees, indicating the date of his commencement of work, the date of its expiry, his entire service term, job title or type of work he was performing, the last wage he was receiving and the reason for the termination of the employment contract, provided that the certificate does not include anything that may harm the worker’s reputation or limit his chances of finding new job opportunities.
• Bear the repatriation expenses unless the worker joined another job or employment was terminated from his/her side.
• Provide safe and appropriate work environment.

Employees Obligation

Article 16 of the Federal Decree Law No. 33 of 2021 regarding the Regulation of Employment Relationships determines the Employees/Workers obligation towards the employer and are mentioned below:-

• Perform the work by himself and not outsource it another person according to the direction & supervison of the employer, in accordance to the contract.
• Be committed to good behavior and good morals while undertaking the work and adhere honesty and professional integrity.
• Preserve & maintain the work tools in his custody and return it to the employer at the end of service.
• Keep the information given to him confidential & not keep soft/hard copy of original document related to work without permission of work of employer.
• Implement occupational health and safety instructions.
• Work during the specifies working day and hours as specifies in the employment contract.
• Continuously develop his functional and professional skills and enhance performance level for the employer.
• Do not work for others, unless accepted by law such as part-time or freelance.
• Evacuate the accommodation provided by the employer within 30 days, in general.

Conclusion:

In conclusion, the obligations of employers and employees in the UAE form the cornerstone of a fair and equitable employment landscape. From honoring contractual agreements to fostering a culture of respect and inclusivity, both parties play vital roles in upholding the principles of justice and integrity in the workplace.

As we navigate the complexities of employment relationships in the UAE, let us remember that adherence to these obligations is not just a legal requirement but a moral imperative. By embracing transparency, empathy, and mutual respect, employers and employees can forge partnerships built on trust and collaboration, laying the foundation for a prosperous and harmonious work environment.

Together, let us uphold the spirit of fairness and accountability, ensuring that every individual is empowered to contribute their talents and aspirations to the collective tapestry of success in the UAE.

Introduction

UAE since its inception was a tax-free country until VAT was introduced in 2018. The emirates have gained attention for its attractive business landscape by offering numerous advantages to entrepreneurs and corporations such as zero tax in free trade zones, exemption from VAT & Corporate tax and low corporate tax. Let us understand the taxation on businesses in UAE.

Taxes

1) VAT: Value added tax is a type of indirect tax applied at a standard rate of 5%. However, education, healthcare services, international transportation of passengers and goods, precious metals essential for investments, are not subject to Value Added Tax (VAT). Even the businesses with an annual turnover less than AED 375,000 are exempt from paying VAT.

2) Custom Duty: The rate of customs duty is 5% of the value of goods plus cost freight Insurance on most items. It is 50% on alcohol and 100% on cigarettes.

3) Corporate Tax: Corporate income tax was introduced by The Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses to come into effect from financial year starting from June 2023. Businesses in the UAE need to register themselves with the Federal Tax Authority, maintain & audit financial records for the payment of taxes as well as comply with laws to avoid any legal action against them.

Here are some important articles of the decree-law mentioned above:

Article 3 – Corporate Tax Rate – Article 3 (1) (a) & (b):

Corporations registered in mainland and have profits below AED 375,000 will be subject to 0% Corporate Tax and any profit above that limit will be taxed at flat 9% rate.

Article 3 (2) Corporate Tax Rate for a Qualifying Free Zone Person at the following rates:

0% on the qualifying income and 9% on the non-qualifying income (stated in Article 18 of this decree). Most of the income comes under qualifying income. Thus, no tax is applicable on most of the profits of businesses established in Free Zones like DMCC, JAFZA, Silicon Oasis, etc.

Article 4 – Persons Exempted from Corporate Tax:

Exempted persons Includes Government Entity, Government Controlled Entity, Person engaged in an Extractive Business, that meets the conditions of Article 7 of this Decree-Law, Person engaged in a Non-Extractive Natural Resource Business that meets the conditions of Article 8 of this Decree-Law, Qualifying Public Benefit Entity under Article 9 of this Decree-Law, Qualifying Investment Fund under Article 10 of this Decree-Law etc.

Article 11 – Taxable Person can be a resident or non-resident:

A resident shall include any juridical person with their business in UAE or in Foreign but effectively managed and controlled in UAE, any natural person conducting business activity, or any other person determined by cabinet at the suggestion of the minister from time to time.

Article 20 – General Rules for determining taxable income:

• Any unrealised gain or loss under Clause 3 of this Article.
• Exempt Income as specified in Chapter Seven of this Decree-Law.
• Reliefs as specified in Chapter Eight of this Decree-Law.
• Deductions as specified in Chapter Nine of this Decree-Law.
• Transactions with Related Parties and Connected Persons as specified in Chapter Ten of this Decree-Law.
• Tax Loss relief as specified in Chapter Eleven of this Decree-Law.
• Any incentives or special reliefs for a Qualifying Business Activity as specified in a decision issued by the Cabinet at the suggestion of the Minister.
• Any income or expenditure that has not otherwise been considered in determining the Taxable
• Income under the provisions of this Decree-Law as may be specified in a decision issued by the Cabinet at the suggestion of the Minister.
• Any other adjustments as may be specified by the Minister.
• And several other provisions.

Article 21 – Small Business Relief: A resident whose income is taxable from a business whose annual revenue is below 3 million AED will be eligible for the relief from corporate tax until June 2026.

Article 22 – Exempt Income: Dividend or profits from a juridical resident person or foreign person specified under article 23 of this decree.

Income from foreign permanent establishment under article 24 of this decree. Income derived by a Non-Resident Person from operating aircraft or ships in international transportation that meets the conditions of Article 25 of this Decree-Law.

Article 28 – Deductible Expenditure: Businesses can deduct expenses that are solely and specifically incurred for their business operations and are not related to capital investments. These deductible expenses can be claimed in the Tax Period when they are incurred, following the guidelines set in the Decree-Law.

Non-Deductible Expenditure: Certain expenses cannot be deducted when calculating Taxable Income, including

• Expenditure not related to the business operations.
• Expenses incurred in generating income that is exempt from taxation.
• Losses that aren’t connected to the business operations.
• Other specified expenditures outlined in a decision by the Cabinet based on the Minister’s recommendation.

Deductions can be claimed for the identifiable portion of the expense related to generating Taxable Income. An appropriate proportion of any unidentified part of the expense related to generating Taxable Income can be deducted based on a fair and reasonable assessment considering the specific circumstances of the business.

Taxable Income of a Tax Group: The parent company needs to compile comprehensive financial statements that encompass all subsidiaries included within the Tax Group for the applicable Tax Period. Interactions between the parent company and its associated group entities, and any transactions occurring among these group members, will be excluded in the Taxable Income for the Tax Group.

Non-payment of taxes may lead to jail up to 6 months and fine up to 100,000 AED. The information provided above is only for informational & awareness purposes.

Conclusion

Taxation on businesses in the UAE signifies a pivotal shift in the country’s economic policies. While VAT, customs duties, and corporate taxes bring new challenges, the Federal Decree-Law provides a structured framework aimed at ensuring fairness and transparency. With clear guidelines on exemptions, deductions, and compliance, businesses can navigate the evolving tax landscape responsibly. Ultimately, these changes reflect the UAE’s commitment to fiscal sustainability while maintaining its attractiveness as a global business hub.

For expert legal consultation on compliance with tax laws applicable to your specific business(es) and for saving maximum amount on your taxes, consult our legal expert for a tailored solution for your tax problem at help@daralhaqooq.com.

Introduction:

The United Arab Emirates (UAE) offers a diverse range of visas, each tailored to cater to specific purposes and durations, facilitating travel, residence, and employment opportunities. From short-term transit visas to long-term residency permits, the UAE’s visa system is structured to meet the needs of tourists, job seekers, investors, and individuals pursuing various professional paths. There are specific visas for specific purposes a person such as a person is not allowed to work in tourist visa. So, choose the visa according to your eligibility and needs.

Types of Visas

1) Transit Visa: This visa is designed for individuals passing through UAE, allowing a short stay of up to 4 days to facilitate travel connections between two destinations while encouraging tourism. Only by selected flights.

2) Visit/Tourist Visa: Intended for tourism purposes, this visa permits individuals to visit a country for leisure, sightseeing, visiting family or friends or attending cultural events. Its duration is 30 or 60 days and can be extended based on the country’s regulations.

3) Resident Visa: This visa allows individuals to live and work in a country for an extended period. It usually requires sponsorship from an employer, family member, or another entity within the country.

4) Green Visa: The UAE’s Green Visa, introduced to facilitate self-sponsorship for professionals, freelancers, skilled workers, and investors, brings unique opportunities for long-term residence and work in the country. As of October 3, 2022, this visa category offers a five-year validity, enabling eligible individuals to enjoy various privileges such as:

Sponsorship for Family Members: Visa holders, including freelancers, skilled workers, and investors, can sponsor first-degree relatives such as spouses, children, and parents. Notably, unmarried children up to the age of 25 and unmarried daughters of any age can also be sponsored.

Extended Stay Grace Period: Upon visa expiration or cancellation, individuals now have the benefit of remaining in the UAE for an extended period of six months, a significant increase from the previous 30-day limit.

Dependent Visa Validity: Dependents sponsored under the Green Visa category will have the same visa validity as the principal applicant.

Requirements for Green Visa Applicants:

Freelancers and Self-Employed Individuals:

Must hold a freelance/self-employment permit issued by the Ministry of Human Resources and Emiratization. Proof of a bachelor’s degree or specialized diploma. Evidence of annual income from self-employment for the preceding two years, amounting to not less than AED 360,000 (approximately $98,000 USD), or display financial solvency throughout their stay in the UAE.

Skilled Employees:

Hold a valid employment contract. Classified within the first, second, or third occupational level according to the Ministry of Human Resources and Emiratization. Possess at least a bachelor’s degree or equivalent. Maintain a monthly salary not less than AED 15,000 (approximately $4,100 USD).

Investors or Partners: Obtain approval for investment and provide proof of investment. In cases where an investor or partner holds multiple licenses, the total invested capital will be considered. Gain approval from the competent local authorities.

These criteria have been established to facilitate different professional categories, ensuring that individuals meet specific qualifications, employment standards, or investment criteria to benefit from the advantages offered by the Green Visa.

5) Golden Visa: A premium visa category often associated with substantial investment or contribution to a country’s economy, providing long-term residency benefits. The Golden Visa, with recent adjustments in minimum monthly salary requirements and expanded eligibility, offers a pathway for foreign citizens to establish long-term residence in the UAE. The minimum monthly salary for golden visa is AED 30,000 for eligible professional categories now encompass various fields such as medicine, sciences, engineering, information technology, business, administration, education, law, culture, and social sciences. While the Golden Visa enables long-term residency, it doesn’t grant automatic work rights. Individuals seeking employment must still secure a work permit or a non- sponsored free-zone ID card, depending on the entity’s incorporation.

Benefits of the Golden Visa:

Self-Sponsored Residence: The visa allows long-term residency, independent of employment status, eliminating the need for a sponsor.

Dependent Residence Permits: Dependents of the Golden Visa holder are eligible for 10-year dependent residence permits, offering extended benefits and rights. Family Sponsorship: The Golden Visa holder has the privilege to sponsor family members, including spouses, parents, and children.

Extended Stay Flexibility: The visa allows holders to stay outside the UAE for more than the usual six-month period while maintaining the validity of their residence permit.

Unlimited Domestic Helper Sponsorship: The Golden Visa holder has the authority to sponsor an unlimited number of domestic helpers.

Continued Family Residence:

In case of the primary holder’s demise, family members in the UAE can retain their residence permits until the expiration date of the original permit, ensuring continuity and stability for the family.

6) Non-Work Visa: This category encompasses various visas allowing stays for non-employment purposes, such as remote work, retirement, property ownership, or other activities that don’t involve traditional employment.

7) Retirement Visa: This criteria outlines the eligibility requirements for a specific residency program in the UAE, typically referred to as a long-term visa or residency permit, with a duration of 5 years. To qualify for this program, an individual must meet the following criteria:

Investment Requirement: Possess an investment valued at AED 1,000,000.

Real Estate Ownership: Own one or more real estate properties in the UAE with a purchase or market value not less than AED 1,000,000. For mortgaged property, a property deed is acceptable if the value paid for releasing the mortgage from the total value is not less than AED 1,000,000 at the time of application submission.

Financial Deposit: Maintain a financial deposit of no less than AED 1,000,000, either inside or outside the UAE. If the deposit is external, it must be transferred and deposited into a financial institution within the UAE within 60 days from the date of obtaining the residence permit, except when the deposit is invested within the UAE.

Minimum Annual Income: Possess a fixed annual income of no less than AED 240,000 (or equivalent in foreign currencies), sourced from within or outside the UAE.

Meeting any of these criteria of investment, real estate ownership, financial deposit, or minimum annual income qualifies an individual for this specific 5-year residency program in the UAE. This program aims to attract investors, property owners, and individuals with substantial financial capabilities to reside in the country for an extended period.

8) Remote Work Visa: This residency program in the UAE offers a duration of 1 year and targets individuals engaged in remote work for an entity located outside the UAE. To be eligible for this program, individuals must meet the following criteria:

Eligibility Criteria:

Remote Work Status: Work remotely for an entity based outside of the UAE.

Minimum Monthly Income: Earn a monthly income of no less than USD 3,500 or its equivalent in other currencies. Requirements for Application: To apply for the Remote Work Residence visa, individuals are required to submit the following documentation:

Proof of Employment: Evidence demonstrating employment with an entity located outside the UAE.

Bank Statements: Provide bank statements covering the last 6 months, displaying either a deposit or a monthly income of no less than USD 3,500 or its equivalent in other currencies.

This visa program is tailored to accommodate individuals engaged in remote work, allowing them to reside in the UAE for a duration of 1 year while continuing their employment with an overseas entity. The program aims to attract professionals engaged in remote jobs, acknowledging their contributions to the workforce while residing in the UAE.

9) Jobseeker Visit Visa: The Jobseeker Visit Visa, designed for foreigners seeking employment opportunities in the UAE, grants a visit visa for a single trip without the need for a host or sponsor within the country. Applicants can opt for a visa validity of 60, 90, or 120 days, providing flexibility for their job exploration period.

Eligibility Criteria for the Jobseeker Visa:

Professional Skill Levels: Applicants must belong to either the first, second, or third skill level, as defined by the Ministry of Human Resources and Emiratization (MOHRE) for various job categories. Recent Graduates from Top Universities:

Individuals who graduated from the top 500 universities globally, as per the classification endorsed by the Ministry of Education, within the last 2 years.

Educational Qualification:

Holders of a bachelor’s degree or its equivalent are eligible to apply for this visa category.

Financial Guarantee Requirement:

Applicants must meet the prescribed financial guaranteed criteria set for the visa application.

By meeting these eligibility conditions, individuals seeking employment opportunities in the UAE can apply for the Jobseeker Visit Visa. This visa type allows them a designated period to explore job prospects within the country without needing a local sponsor, offering an avenue to engage in the job market and potentially secure employment based on their qualifications and skill levels.

10) Mission Visa: A mission visa, sponsored by a UAE company, is a 90-day permit enabling expatriates to temporarily work in the UAE. This is also used to hire interns.

11) Other Visas: Student visa, Business Visa, Domestic Worker visa, Self- employment visa, long term investor Visa, GCC resident visa and other visas.

Conclusion:

The UAE’s comprehensive visa system caters to a broad spectrum of needs, spanning from short-term visits to long-term residency and specialized programs targeting professionals, investors, and job seekers. For selecting the right visa for your purpose of entering UAE and securing it without any hassle contact us at help@daralhaqooq.com. Also do not forget to enquire about the work permit, if searching for employment opportunities.

These visa options underscore the country’s commitment to fostering a diverse and inclusive environment, welcoming individuals from across the globe to explore, reside, and contribute to its vibrant landscape.

Introduction

The United Arab Emirates stands at the forefront of protecting intellectual property (IP) through comprehensive laws and regulations. Understanding these legal frameworks is crucial for creators, innovators, and businesses aiming to safeguard their ideas and inventions.

Trademarks: Federal Decree Law No. 36 of 2021

In the UAE, a trademark includes any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks intended to set apart goods, products, or services.

Registering trademarks falls under the purview of the Ministry of Economy. As per the Federal Decree Law No. 36 of 2021, applicants applying for trademark registration can be UAE citizens, foreign individuals, natural, and artificial persons practising any commercial, industrial, professional or service business. They can file trademark registrations online via the Ministry’s portal.

The registration process involves furnishing essential documentation, including the trademark logo, a copy of the commercial license, a Power of Attorney, Copy of Passport, Priority Documents, and other specified attachments. Notably, the law emphasizes the protection of trademarks, affirming the voice accompanying a trademark as an integral part of its identity.

Copyrights: Federal Law No. 38 of 2021

Federal Law No. 38 of 2021 on Copyrights and Neighboring Rights fortifies the protection of intellectual works in the UAE. Covering a broad spectrum of any original work in the areas of literature, art, or science. According to Article 2 of this Federal Law-Decree, the authors of intellectual work shall be protected if their rights are violated in the UAE. The following intellectual works are protected under copyright law:

• Books, booklets, articles and other literature.
• Computer software, applications, databases, and similar works.
• Lectures, speeches, sermons, and other works of similar nature.
• Plays, musicals, and pantomimes.
• Musicals accompanied by dialogues and musicals which are not accompanied by dialogue.
• Audio and video works or audio-visual works.
• Architectural work, architectural plans, and drawings.
• Drawings, paintings, sculptures, etchings, lithography, screen printing, reliefs and intaglio prints and other similar works of fine art.
• Photographic work.
• Works of applied and plastic art.
• Charts, maps, plans, 3-D modelling for geographical and topographical applications and architectural designs etc.

Derivative works. The protection shall extend to the title of the work, if created, and the creative concept devised for broadcast material.

However according to Article 3, the law does not protect the owner of: Ideas, procedures, working methods, mathematical concepts, abstract principles and facts, except for the innovative expression of any of them.

• Official documents, regardless of their native language or the language translated to; such text includes laws, regulations, international resolutions and conventions, judicial rulings, arbitrators rulings, and decisions of administrative committees with jurisdiction.
• News.
• Works that have become common property.

However, clauses 2, 3, and 4 of this Article retain protection if their assembly, organization, or any associated effort demonstrates innovation. However, authors seeking enhanced protection can register their works through the Ministry of Economy’s online platform.

The duration of copyright protection, as per Article 20 of Federal Law No. 7 of 2002, extends to the life of the author plus 50 years, ensuring long-term safeguarding of their creative legacy. The economic rights pertaining to applied art works cease after a span of 25 years, commencing from the initial publication’s first day of the following calendar year.

Industrial Property: Federal Law No. 11 of 2021

Under the ambit of Federal Law No. 11 of 2021, the UAE’s industrial property law encompasses patents, utility certificates, industrial designs, undisclosed information, and integrated circuits.

Patents

Patents safeguard new inventions that are industrially applicable. The eligibility criteria encompass novelty, inventive step, and industrial applicability, granting a 20-year protection period from the date of application.

A patent is ineligible for inventions or creations falling within these categories:

• Discoveries of new plant or animal species and biological methods of animal or plant production, excluding scientific methods in microbiology and microbiological products.
• Human or animal diagnostic, treatment, or surgical methods.
• Scientific principles, discoveries, theories, and mathematical methods.
• Business strategies, plans, or techniques, as well as purely mental activities.
• Natural materials, except for methods related to their extraction or purification.
• Inventions that contravene public order or morals, or pose risks to human life, health, or the environment upon utilization.

Utility Certificates:

It provides protection for new inventions which are industrially applicable but not creative enough to be granted a patent, utility certificates are valid for 10 years, subject to similar stringent criteria as patents.

Utility certificates are not eligible for inventions and creations of:

• Discoveries of new plant or animal species, and biological methods of animal or plant production, except scientific methods of microbiology and microbiological products.
• Human or animal diagnosis, treatment, or surgical methods.
• Scientific principles, discoveries, theories, and mathematical methods.
• Rules, plans and modalities used in doing business or purely mental activities.
• Natural materials, except the method used for their extraction or purification.
• Inventions that violate public order or morals, or harm human life, health, or the environment, when they are used.

Industrial Designs:

An industrial design refers to any decorative or artistic composition, whether in two or three dimensions, intended for use in an industrial or artisanal product.

Eligibility for obtaining industrial designs rests on specific criteria:

• Novelty: The design must be original and distinct.
• Compliance: It must not contravene public order or moral standards. The validity period of industrial designs spans 20 years, commencing either from the application date or the international filing date, providing extensive protection for the design’s integrity and exclusivity.

Integrated Circuits:

The layout design of integrated circuits constitutes a product in its final or intermediate phase, comprising components (with at least one being an active element) mounted on an insulating material. This arrangement forms a complete entity with some or all of the connections, aimed at achieving a specific electrical function.

The validity period for a layout design of integrated circuits extends for 10 years. This duration initiates either from the date of application or from the date of the initial commercial exploitation, whether within the country or abroad, whichever occurs earlier, ensuring comprehensive protection for the layout design. Regarding industrial property registration, the Ministry of Economy’s Innovation and Industrial Property Development Department shoulders the responsibility of registering all industrial property rights specified by the law. This includes overseeing the registration process, ensuring compliance, and providing a platform for securing these rights within the UAE.

Embracing Protection: Ministry’s eServices

The Ministry of Economy’s eServices play a pivotal role in facilitating the application process for trademarks, patents, and industrial designs. By leveraging these online services, individuals and businesses can seamlessly navigate the registration process, ensuring the robust protection of their intellectual creations within the UAE.

Conclusion

Comprehending the intricacies of intellectual property laws in the UAE is essential for individuals, businesses, and innovators seeking to protect their creations and innovations. These legal frameworks not only safeguard intellectual assets but also foster an environment conducive to innovation, creativity, and economic growth. Navigating this landscape requires a deep understanding of the specific laws governing trademarks, copyrights, and industrial property in the UAE. For tailored legal guidance specific to your situation and precise advice on UAE’s intellectual property regulations, it’s highly advisable to seek consultation from specialized legal experts. In a global landscape fueled by innovation, the protection of intellectual property stands as a cornerstone for fostering a thriving ecosystem of creativity, entrepreneurship, and progress.

Our dedicated team at Dar Al Haqooq Legal Consultancy is available to assist with any inquiries or issues related to IP law. Feel free to reach out to us at help@daralhaqooq.com for solutions to your concerns or questions in this field. In a global landscape fueled by innovation, the protection of intellectual property stands as a cornerstone for fostering a thriving ecosystem of creativity, entrepreneurship, and progress.

Introduction

The United Arab Emirates was founded in 1971 and now consists of seven emirates including Abu Dhabi, Dubai, Ajman, Ras Al Khaimah, Sharjah, Fujairah, and Umm Al Quwain. Abu Dhabi being the capital and the largest emirate in the UAE and has the highest judicial authority called the Federal/Union Supreme Court of UAE which is headed by the President of the Supreme Court. The courts here use a dual system for implementation of laws where the primary source of law is sharia and use civil law system for procedures. The main language used in the court is Arabic, but a translator is provided for non-Arabic speakers.

Types of Legal System

The constitution of UAE establishes a federal court system for all the emirates and gives freedom to all the emirates to have their own local judicial system. Article 94-109 of the UAE’s Constitution determines the general principles of the federal and local judicial system. The main difference between the federal and local judicial systems is the highest court.

There are three types of legal system in the UAE based on territorial & subject matter jurisdiction.

Federal Judicial System – It also consists of a three-tier court system. The highest judicial authority in the federal system is the Federal Supreme Court of UAE. Federal judiciary is also a part of the UAE government as per Article 45 of the constitution. The Ministry of Justice oversees courts and department of prosecution at federal level. Article 105 of the constitution states that all/part of local emirate jurisdiction to be part of the jurisdiction of federal court of first instance. Fujairah, Umm Al Quwain, Sharjah & Ajman follow only the federal court system.

Local Judicial System – Abu Dhabi, Dubai & Ras Al Khaimah have their own local judicial department such as Abu Dhabi Judicial Department and Dubai Court in Dubai. They also operate on a three-tiered court system, but unlike having the Supreme Court, they have the Court of Cassation in the three emirates mentioned earlier.

Mixed Legal System – In the UAE, special jurisdictions like the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market Court (ADGM) operate under Federal Law No. 4 & 8 of 2004 (Financial Free Zone Law) respectively. These courts handle civil and commercial cases according to English or common law. Established through constitutional amendments and federal laws, the DIFC and ADGM Courts govern civil and commercial affairs in line with English legal principles within the UAE.

Three Levels of Courts

There are three levels of courts in the UAE. i) Court of First Instance ii) Court of Appeal iii) Court of Cassation iv) Federal Supreme Court

Court of First Instance – This court enjoys the first right to hear all kinds of litigation related to criminal, civil, commercial, personal status, labor, and administrative lawsuits.

Court of Appeal – The orders passed by the lower court can be challenged by the litigants within 30 days of issuance of the order and 10 days in urgent case except in the cases law provides otherwise.

Court of Cassation – This court can only be found where the local judicial system is implemented such as in Abu Dhabi, Dubai & Ras Al Khaimah. The ruling of court of appeal can only be challenged here within 60 days on the grounds of law such as error in application of law or error in interpretation of law, in cases where the pecuniary value is above 200,000 AED or cannot be evaluated. The ruling of this court is final, binding & cannot be challenged further.

Federal Supreme Court – This court can only be found at the Federal level. It has a president and 5 judges, and their judgement is final & binding on all courts. It exclusively handles the matters mentioned below –

• Disputes between the two or more-member emirate or federal government.
• Examine the constitutionality of federal or local law/legislation.
• Constitutional interpretation if requested by any emirate or federal entity.
• Interrogation of ministers & senior federal officials.
• Crimes affecting the interests of the federation.
• Conflict of jurisdiction between judicial authority in two emirates and straighten out the principles based on federal law.

Court Circuits

Every level of court has a judicial circuit to look into matters according to their specialty, expertise, and jurisdiction such as personal status, civil, commercial, labor, real estate, and criminal etc. These circuits are divided into major and minor circuits depending upon the value of the case, type of case, and number of judges.

Minor Circuit – In this circuit a single judge hears and issues first instance judgements on cases whose value is below 500,000 AED except counterclaims (no limit of value) and reviews actions on personal status, division of common property, and wages. If the case’s value is below 20,000 AED, then this court’s decision will be final and cannot be challenged.

Major Circuit – This circuit is formed of three judges and the cases which does not fall under the jurisdiction of minor circuit and is related to civil, commercial, labor, real estate, administrative, bankruptcy etc. fall under the jurisdiction of major circuit.

Other Courts

Labor Courts

Labour courts oversee disputes arising in the private sector. They typically address issues like unpaid wages, end-of-service benefits, denied leave, and compensation due to unfair termination. Workers filing claims under AED 100,000 are exempt from litigation fees.

Personal status court (Sharia)

Personal status court handles all family cases related to matters such as marriage, divorce, alimony, guardianship, custody and visitation, proof of maturity, proof of lineage and inheritance. Sharia Law shall apply to all UAE nationals except Non-Muslims. In a Non-Muslim’s case they shall be governed by special rules relating to their specific creed or sect.

The Family Guidance Section usually handles personal status cases free of charge before they are referred to trial at the Court of First Instance. If both parties fail to reach an amicable agreement, the dispute will be referred to the Court of First Instance after the payment of the court fee, if applicable.

Civil Courts

Civil courts handle cases related to the financial rights of individuals and legal entities such as government departments, companies, and institutions. The cases can be related to disputes about validity, implementation, cancellation or termination of contracts, intellectual properties, land, and mortgages.

The major circuit of the Court of First Instance is responsible for hearing cases with a claimed value of more than AED 100,000, while cases below this value are brought before the minor circuit. Federal Law No. 5 of 1985 applies to civil cases. Commercial courts handle commercial contracts, commitments, banking processes, commercial papers, bankruptcy, and reconciliation issues.

Criminal Courts

These courts handle criminal cases initiated by the federal or local prosecution in each emirate. The case shall be brought through the police and the charges shall be pressed within 14 days.

Conclusion

The courts in the local and federal system both have courts of first instance and court of appeal, but the difference comes in the third tier of the court. They follow the sharia and civil law system. The judicial circuits at every level of court are made to decide specific type cases by judges with expertise in that subject for fast and smooth disposal.

The jurisdiction of the DIFC and ADGM Courts within the UAE’s mixed legal system pertains specifically to civil and commercial matters and uses English or common law. Their authority extends to cases where prior agreements have been made involving these courts, and certain conditions have been met, in accordance with their respective regulations and established conditions.

There are labor courts, personal status, civil, and criminal courts amongst other courts to deal with specific matters. It is crucial to ensure to select and file it in an appropriate court, so that the claim can be processed smoothly and hassle free. It is not necessary to go to court in the case of every dispute because most of the disputes can be solved through Alternative Dispute Resolution procedures. If you need any legal consultancy regarding a dispute, we are here to help at every stage. Contact us help@daralhaqooq.com