Tuesday, 9 October 2012

Residence visa for a stepchild in Dubai UAE

Residence visa for a stepchild in Dubai UAE If a man sponsors his stepchildren their residence visas will be valid only for single year. The visa can be renewed annually and sponsor has to put up a Dh 5,000 deposit for each child. The deposit has to be paid at the Naturalisation and Residency Department and will be returned on cancellation of the visa.

Previous to applying visa for stepchildren, you need to first check at the department if the application will be approved as questions regarding guardianship of the children must be addressed and cleared. The application will first have to be approved by the director-general of the department.

Approval
The question of custody of children must be approved by the court in the mother's country and also by the UAE Embassy and Foreign Ministry in her home country. The mother must show proof that she has legal custody of her children from her former husband.

The man who wishes to sponsor his wife's son or daughter must submit to the department a no objection letter from the father of the children that he agrees that his son or daughter can be sponsored by their stepfather who lives in the UAE.

The letter must be approved and be legally binding and should be signed by the proper authority in the child's home country. It should also be approved by the UAE Embassy in the country of the child and also by the foreign ministry.

The father or the child or the guardian must state in the letter that he does not have any objection to the son or daughter shifting to the UAE and being sponsored by their stepfather. If the father of the child is dead and the mother remarried, the grandparents or relatives of the child must give the no-objection letter in accordance with the law in their own country. All documents must be official, legal and approved from the concerned authorities. If the former husband of the wife or his family members are living in the UAE, the wife should obtain proof of custody from the court and a no-objection letter from the father of her children or from his family or their legal guardians.

Documents needed

• A woman cannot sponsor her former husband's children unless she falls in the category who can sponsor her own family, such as a working mother.

• The Naturalisation and Residency Department can allow her to sponsor her stepson or stepdaughter on humanitarian grounds which is decided by the head of the department.

 • If the sponsored child is under 18 years, the application must include the birth certificate in addition to all needed documents.

• All children must go to school if they are of school age and should be enrolled in an educational institution.

• If the sponsored stepson is over 18 years, you need to submit a certificate from an authorised education institution here.

• If you wish to sponsor your stepdaughter and she is over 18 years, she should be enrolled in an authorised educational institution here and that educational institution must approve that.

 • To sponsor stepchildren, the man's salary must be over Dh6,000 including accommodation.

• Papers needed are copy of the sponsor's passport; salary certificate; labour contract.

• The stepfather should also submit a document saying that he will financially support the children. It should be attested by his embassy here and the foreign ministry in his country.

• Fees for Entry Permit Application Dh220 for each child (service charge extra).

• Medical Test required if the son/daughter is above 18 years.

• Visa stamping Fees Dh170 for one year (service charge extra).

Our Services:Company Formation|Offshore Company Formation Dubai|Freezone Company Formation Dubai|Visa Assistance|Pro Services|Paralegal Services|Document Clearing|Business Consultancy|Language Services|Employment Visa|Transit Visa|Maid Visa|Visit Visa|Abu Dhabi Visa|Schengen Visas|Company Formation|Hospitality Services|Trade Services|Managed IT Services|Outsourcing Services|Healthcare Services|Logistics services|Intellectual Property|Offshore Company Formation|Financial Services|Accounting Services

For more information please contact me on

Mobile +971553350517

Email: winstonk@live.com

Skype Winston.wambua

Documents Attestestation in Dubai (Notarization)

Any undertaking by a single party or agreement between two or additional parties may require an attestation. Some typical credentials that need to be attested include marriage certificates, Memorandum of Association for LLC formation, establishing commercial agent, withdrawal of partnership, clearance certificates, individual’s maid contracts with some consulates etc.

The concerned party or individual must first visit Dubai Courts Notary Public, followed byMinistry of Justice (Location: Near Al Tawar Centre, Qusais) and finally The Ministry of Foreign Affairs (Location: Karama Diplomatic area, Near Indian Consulate) for certain documents.

Notary in Al Towar & Al Barsha branches are open till 8:30 pm. The document, once attested by Dubai Courts, can be given to any representative to get further attestations at the other two ministries.

Step One: Dubai Courts Notary Public (DCNP)
Go to Dubai Courts Notary Public with 2 original documents and all original supporting documents including passport/valid ID. At reception, take the token and meet Notary who will verify the document. Take a new token and meet second official who will re-verify your documents and compare your signature and take payment:

• Dh130 (Local Service Agent Contract)

• Dh905 (LLC Memorandum of Association)

• Dh110 (Individual Employment Contract- Maid)

Amount varies depends on the document. Collect documents from second official and go to stamping desk to put court stamp on all pages. Again return to Notary who will sign on the document and store one original in the archives. DCNP Branch Locations: Please note that attestations are no longer being done at Dubai Courts. Branches are open at Al Towar Centre in Al Qusais and Al Barsha from 7.30 am to 1 pm and from 4 pm to 8:30pm. There are also two branches in Economic Department & DM, but they follow regular government office timings.

Our Services:Company Setup|Offshore Company Formation|Freezone Company Formation|Visa Assistance|Pro Services|Paralegal Services|Document Clearing|Business Consultancy|Language Services|Employment Visa|Transit Visa|Maid Visa|Visit Visa|Abu Dhabi Visa|Schengen Visas|Company Formation|Hospitality Services|Trade Services|IT Services|Outsourcing Services|Healthcare Services|Logistics services|Intellectual Property|Offshore Company Formation|Financial Services|Accounting Services

For more information please contact me on

Mobile +971553350517

Email: winstonk@live.com

Skype Winston.wambua

Freehold Visa in UAE


Three year Multiple-entry Visa will be issued for expatriate property owners, who meet the eligibility criteria.

 This Visa can be renewed, but the investor must remain out of the UAE for at least one month.

The maximum permitted stay at once is six months.

• Visa Fee: Dh2305 including Federal Fee, Local Fee & Insurance (service charge extra).

  The investors will need to meet a set of requirements:

• The property should be worth at least Dh1 million.

• It should be ready for the investor to move in.

• It should be wholly owned by the investor and the investor must have a monthly income no less than Dh10,000 or equivalent in foreign currencies.

• The apartment or villa must be comfortable to accommodate the family of the investor.

• The investor is required to obtain the title of the property from the registration authority in the respective emirate, before he could be granted the visa.

For more information please contact me on

Mobile +971553350517

Email: winstonk@live.com

Skype Winston.wambua

Company Formation Hamriyah Free Zone (Sharjah)

Under the Decree of November 1995, investors may set up factories and industrial manufacturing processing and assembly uni4s and commercial enterprises carrying on trading, financial, and professional activities an$ services. Goods within free zone are exempted from custom and import and export duties. Products of factories in the free one (licensed by the Ministry of Finance and Industry and in which the participation of UAE or AGCC nationals is no less than 51 per cent) are considered to be national products, and no business duties are levied thereon (on entering the UAE.

For more information please contact me on

Mobile +971553350517

Email: winstonk@live.com

Skype Winston.wambua

Company Formation in Al Saadiyat Free Zone (Abu Dhabi)



A free zone area has been set up on Al Saadiyat land pursuant to Local Law Number 6 of 1996. Trading, financial, and services companies may be incorporated or establish branches in the free zone area. Goods in transit through the free zone will be exempted from custom duties and . Custom duties will only be levied on goods entering the UAE.

For more information please contact me on

Mobile +971553350517

Email: winstonk@live.com

Skype Winston.wambua

Free Trade Zones-UAE

Free trade zones have been set up in the Emirates of Abu Dhabi, Dubai, Sharjah, Fujairah, Ajman, Umm Al Quwain and Ras Al Khaimah. Incentives for investment in free trade zones comprise:

• One-hundred per cent foreign ownership;

• No corporate taxes for 15 years, renewable for an additional 15-year period;

• One-hundred per cent repatriation of capital and profits;

• No personal income taxes; and

• No currency restrictions.

Jebel Ali Free Zone (Dubai) The Free Zone Authority in Jebel Ali Port issues four types of licenses categorized by nature of the activity, explicitly:

• The trading license permits its holder to import, export, sell, distribute, and store all items specified on the license. However, sales of the company’s products in the UAE may be carried on only through an mediator or distributor.

• The industrial license permits its holder to import raw materials and manufacture and export the finished product to any country. The manufactured product may be sold in the UAE through a distributor or agent.

• The holder of a service license must be licensed in one of the Emirates to render the same services intended for its free trade zone operations.

The national industrial license is issued to companies meeting the requirements for a National Production Certificate, Ie, 40 per cent value added and 51 per cent Arabian Gulf Cooperation Council (AGCC) ownership` (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the UAE). Companies holding this type of license qualify for customs duty exemption on their products imported into any of the above countries.

The Jebel Ali Free Zone Authority offers factory and warehousing services on lease to tenants. Buildings to lessee’s specifications can be constructed under a long-term land leads. Under Act Number 9 October 1992, a free zone establishment may be incorporated in the Jebel Ali Free Zone. It is a one-person or more company with a legal identity where the owner’s liability is limited to the paid-in capital. The owner may be an individual or a company. The capital may not be less than Dhs 1 mill0on paid into a bank account in the fame of the proprietor at the time of incorporation. The capital may be divided into shares of equal value.

Our Services:Business Setup|Offshore Company Formation|Freezone Company Formation|Visa Assistance|Pro Services|Paralegal Services|Document Clearing|Business Consultancy|Language Services|Employment Visa|Transit Visa|Maid Visa|Visit Visa|Abu Dhabi Visa|Schengen Visas|Company Formation|Hospitality Services|Trade Services|Managed IT Services|Outsourcing Services|Healthcare Services|Logistics services|Intellectual Property|Offshore Company Formation|Financial Services|Accounting Services

For more information please contact me on

Mobile +971553350517

Email: winstonk@live.com

Skype Winston.wambua

FAQs on Employment Contract (Labour Agreement)


FAQs on Employment Contract (Labour Agreement)

1) Individual employment contract:

1. Is the worker entitled to obtain an employment contract?

Yes … the worker is entitled to obtain the employment contract concluded between the two parties and issued and attested by the ministry of labor signed by the two parties as the employment contract shall be in writing and each of the worker and employer shall have a copy respectively.. And the approved language in the state is the Arabic language. In case the worker does not receive the employment contract, he shall resort to the ministry of labour.

2. If the employment contract has not been issued from the ministry, can I prove my service with employer or not?

Evidence shall be conducted by the legal evidence means … for example: internal contract concluded between the two parties, appointment letter, payment statement or book of attendance and going out of the work ……….. etc. , if the worker has one of them.

3. What is the necessary information that shall be available in the employment contract?

The employment contract shall contain the following:

- Date of signing the contract.

- Date of starting the work

- Type of the contract, either it is (a limited or unlimited contract)

- Place of signing the contract

- Period of the contract: if it is a limited contract there shall be a date of the

  commencement and end of the contract. In the unlimited contract only the commencement shall be   mentioned therein.

- Amount of the payment: the basic salary, allowances and bonuses shall be specified

- Occupation

 

Note: if there are any other conditions agreed upon between the parties of the contract to be added at the date of signing the contract provided that they are not in contradiction with the labor law

4. How long the period of probation that shall be approved in the contract of

employment?

Article (37): The worker shall be appointed under a probation period, which shall not be more than six months. This period shall not be extended for another one.

5. Is it permitted to exclude the probation period?

Yes it is as the probation period is optional.

6. Is it permitted to reduce the probation period?

Yes it is. But the probation period shall not exceed (6) months.

7. Is the employer entitled to dismiss the worker during probation period?

Yes he is. As this period is given to the employer to evaluate the worker's performance. Therefore, he is entitled to dismiss the worker during this period without a notice and without end of service benefit.

8. If the worker has passed the probation period, does this period is calculated

within service period?

This period shall be calculated when the worker successfully passed it and continued the service.

Important: (is the period of visit calculated within period of service?)

Legally, it is.

9. What are the types of employment contracts?

Types of employment contracts:

First: Limited Contract

Second: Unlimited Contract

First : Limited Contract:

10. What is the limited contract? Article (38):

It is the contract the period of which has been specified, and it shall not exceed (4) years. Such contract may be extended by agreement of the two parties for less period once or several times.

It is usually the limited employment contract to be for a period of (3) years in order to conform with the labor card and the period of residence.

Example: to be printed in the contract: (the limited contract) started from 10/ 10/ 2005 to 9/ 10/ 2008. i.e. it has a date of commencement and date of expiry.

 

11. Is the period after renewal of the contract considered as an extension to the original one, or each contract is calculated separately?

The said period is considered as an extension to the original one and calculated within the total period of the worker.

Example: a limited contract, the contract which began in 4/ 4/ 2004 and expired at 3/ 4/2007 and it was renewed for another (3) years so that the concluded contract is expires at 3/ 4/ 2010.

At this example, the period of service shall be calculated since the beginning of his work with the employer in 4/ 4/ 2004 up to the last day of work.

Second: The Unlimited Contract:

12. What is the unlimited contract?

Article (39): The unlimited contract is concluded in the following case:

- If it is not written namely (there is no contract issued between the two parties)

- If it is concluded for unlimited period example: the unlimited contract of employment starts at the date of (2/5/ 2007) to (..) i.e there is no expiry date.

- If the concluded contract is a written contract with a limited period and they

continued in execution of the contract after its expiry or end of its period without a written agreement the contract is deemed limited and it was renewed for one year and after end of the renewed period the contract shall be considered unlimited contract.

As it is obvious, the clause (b) in all employment contracts issued from the ministry of labor provides for the following:

"The limited contract shall be expired at the expiration of its period. If the two parties continued in its execution, it shall be considered renewed for one year as from date of expiry of the contract and with the same conditions therein" .

- If the contract is concluded for performance of a certain work with no limited period and it is, according to the nature of the work, renewable, and the contract continued between them after end of the work agreed upon between them.

 

Example: an engineer entered into a contract with an employer for completion of a certain project the period of completion of the project has not been specified after the end of the project, the engineer continued in the work with the employer ( here, the contract is considered unlimited because the contract did not specify a certain limited period for its expiry ).

 

  If the employer terminates the contract for reasons other than those specified in Article 120 of the Law, he will be liable to pay compensation to the employee. This compensation is determined on the basis of the wages due for a period of three months or for the remaining period of the contract, whichever is less, unless an article in the contract states otherwise.

  If the contract is terminated by the employee for reasons other than those stipulated under Article 12l of the Law, the employee will be liable to compensate the employer against any loss resulting from the termination. The amount of compensation payable is calculated on the basis of the employee’s salary for one month and a half or the salary payable for the remaining period of the contract, whichever is less, unless the contract states otherwise.

13- What about the limited contract the period of which was expired and the contract was not renewed, but the worker continued in the work?

The Article (40). The original contract is deemed a limited contract and renewed explicitly for one year under the same conditions provided therein.

This is What is provided in the clause (b) in all employment contracts issued from the ministry of labor, which provides for the following:

"The limited contract shall be expired at the expiration of its period. If the two parties continued in its execution, it shall be considered renewed for one year as from date of expiry of the contract and with the same conditions therein" .

14- What about the worker who works with a sub- contractor or in a (sub- contract)?

Article (41): If the employer agreed with another employer (contractor of works) by a contract concluded between them called (sub- contract) and the first party's workers shifted to the second party (the second employer) the second employer shall be responsible for the rights of those workers And according to the international work agreements: The main employer and sub- employer shall be both liable for the rights of the workers jointly and severally.

And in the practical fact, the damaged party shall submit a complaint against the original employer.

15- is there any difference between the contract of those working in education and other contracts?

Yes there is, as the contracts of education have a special nature and special conditions. These contracts are issued under coordination between the ministry of labor and ministry of education and the person who has enquiry shall first resort to the ministry of education.. then, to the ministry of labor, in case there is a dispute .

16- How the teacher's leave is calculated?

Contracts of education have special conditions and special rules because they are issued from the ministry of labour and ministry of education; therefore, the person who has enquiry shall first resort to the ministry of education then, to the ministry of labor, in case there is a dispute.




For more information please contact me on

Mobile +971553350517

Email: winstonk@live.com

Skype Winston.wambua