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Home > Legal View
 
Conditions for women to sponsor kids

Mushtaq Ahmad Jan (Compiled by Ahmed Shaaban) / 16 July 2012



I am living in Abu Dhabi on my company sponsorship. I work as a secretary and earn around Dh15,000. I and my husband are going through the legal formalities for divorce in India. Can I sponsor my children? My son is 15 and daughter is 10. Is it necessary to get divorce and custody, and then apply for visas for my kids or can I apply now before the divorce?

According to the Abu Dhabi Government, expatriate women, who work in a “rare or important specialisation, such as engineering, education, nursing or any other profession related to the medical sector, can apply for visas for family members, if her salary is not less than Dh10,000 or Dh8,000 plus accommodation” providing sponsorship requirements are met. Since, your profession does not match the above you should check it with the Department of Naturalisation and Residency Affairs, which may deal with it on a case by case basis.

Generally, a daughter of any age could be sponsored. However, a son could be sponsored only if he is below 18. Furthermore, you will be required to produce either marriage certificate or divorce and custody documents duly attested by the UAE Foreign Ministry. Since the divorce is pending back in India you are not able to produce marriage certificate.  Alternatively you have to wait till you can produce divorce and custody document.


Overstay outside UAE

I used to work as a mechanical engineer in a construction company here for four years. My UAE visa is valid till December 2012. I took my annual leave in August 2011 and couldn’t return as I had an accident. I have settled all my dues through my friends. My company has not yet sent me a release. How may I cancel my current visa and can approach another company in the UAE for employment?

You have to check whether your current visa has been cancelled or not. If your current visa is not yet cancelled by your employer, you can come back to the UAE on the same visa provided your current employer get approval from the relevant immigration as you have overstayed outside the UAE. After your arrival, you have to give your resignation in accordance with the terms of your employment contract. However, if your visa has been cancelled you can come on a new visa. 


Immigration Ban

I was working for a company here. I was blacklisted forever due to a theft case in 2005. Now a company has appointed me at the Sharjah Hamriya & Jebel Ali free zone. Is it possible that I can get an employment visa on the company sponsorship for two years?

Blacklisting or a ban is a legal mechanism in the UAE that prevents a resident or an employee from re-entering into the UAE, or from accepting any employment position with a new employer for a fixed period of time.

Workers and visitors may be subjected to an entry ban or a work ban, depending on what they have done while they were in the UAE. Blacklisting or ban could be broadly categorised into two types i.e. employment ban and immigration ban.

In an employment ban same. A person is not permitted to work in the UAE for a specific period of time due to breach of certain provisions of the UAE Labour Law. An employment ban is usually given under the following circumstances:

1)    A permanent ban is usually imposed on absconding employees.

2)    A ban for a period of six months will be automatically imposed by the Ministry of Labour, in case if a worker has not completed two years with his current employer. An immigration ban is usually imposed for serious labour offences or crimes committed by person.  Therefore, an immigration ban means that one cannot enter the UAE, irrespective of whether the person intends to enter as a visitor or for residency. Since you were convicted of theft, an immigration ban was imposed upon you. Therefore, you will not be allowed to enter into the UAE.


Mushtaq Ahmad Jan is a lawyer at the Global Advocates and Legal Consultants, with Master Degree in international commercial law, University of Hull, Kingston-upon-Hull, England. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, Dubai P.O. Box 11243.

 

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