Sunday, December 25, 2011

IMMIGRATION BAN IN UAE




With the exception of UAE nationals, all other residents require permission from the UAE government to live in UAE. All non-Emirati require work permits to be employed in Dubai and UAE. They may be subjected to a work visa or entry visa. Ban depending on who they are and what they had been doing when in Dubai or UAE. 

An immigration ban means you cannot enter the UAE, whether as a visitor or for residency. Other bans can arise if you have been convicted of a criminal offence while in the UAE. Common offences that many expats get into trouble with are bad debts, bounced checks, drinking and driving, drunk in public, inappropriate relationships. Of course, more severe offences such as theft, violence, rape, murder etc will also result in an immigration ban but not so many expats indulge in these activities, and those that do are not usually so surprised to receive a ban.

An immigration ban can also arise if you have broken the rules related to immigration for example entering the country illegally, working without a work permit, absconding (leaving your job without informing your sponsor / employer), overstaying (this last one is not so likely to be a problem, just expensive when you get your overstaying fine)
Criminal offences usually result in a permanent ban and this is monitored via eye-scanning equipment at airports, so losing your passport and getting a new one won't get you back in to the country.



Friday, December 2, 2011

EXPATRIATES NEED MISSION VISAS FOR SHORT- TERM JOBS



"Mission visa is valid for entering the country for 60 days and the holder of such visas can stay up to 90 days after entering the UAE. This kind of visa is renewable once for another period of 90 days after which expatriates on mission visas has to leave the country


Dubai: While people on visit visa are not allowed to work with or without salary in the UAE, expats who wish to work for a short time or on probation can enter the country on mission visa which is for 90 days, according to a senior official.

People who enter the country on visit, transit and tourism visas cannot work and cannot obtain a work permit here

People caught working on visit visas will be deported and banned from entering the UAE forever and employers will be fined Dh50, 000 for each such worker, according to him.

Expatriates on visit visas cannot obtain work permits within the duration of their visas and those who come on visit visa to look for a job must leave the country once they find a job after which visas can be processed as per rules for employment visas. People hoping to work here from the date of their arrival must arrange for an employment visa before coming here.

"The employment visa allows people to enter the country once and is valid for 30 days, during which the employer should complete the processing of their work permits and residency visas,"


Sponsoring company

Mission visa can be applied for at the Ministry of Labor by the sponsoring company. Ministry also issues a temporary work permit which is different from the mission visa.

"Mission visa is valid for entering the country for 60 days and the holder of such visas can stay up to 90 days after entering the UAE. This kind of visa is renewable once for another period of 90 days after which expatriates on mission visas have to leave the country”

People who enter the country on mission visas need to obtain the mission card from Ministry of Labor. People on mission visa can convert it to work permit and continue to work. Temporary work permit is also issued for those already living in the UAE on residence visas on case-by-case basis.
Courtesy -GULF NEWS

Friday, November 11, 2011

FISHING LICENSES IN DUBAI FOR RESIDENTS ONLY



 Individuals who want to go fishing must obtain a license from the municipality for recreational fishing — whether it is along the coastline or in leisure boats.

Expatriates who wish to go for recreational fishing in Dubai must be residing in Dubai.
"A fishing license is a requirement for individuals prior to conducting [any] fishing activity. The fishing license will be given only to those who have their residency visa issued in Dubai and are living in Dubai," no fishing license would be issued to those who have their visas issued from another emirate and are living in another emirate. Even if the residency visa is issued in Dubai no fishing license will be given if the person is living in another emirate.
Equal conditions
The same law is followed across other emirates, adding that Emiratis who have their passports issued from Dubai can fish in Dubai.
"If people have their residency visa issued from another emirate they must be living in Dubai to be given fishing license from Dubai. They must prove to us that they are living in Dubai, those who caught fishing without a license will be fined.
Fishing is only allowed in specific areas as authorized by Dubai Municipality. "This is to ensure the management of fishing operation and strict implementation of the Federal Law No. 23 of 1999 on the Exploitation, Protection and Development of Aquatic Resources in UAE and the Federal Law No. 24 of 1999 for the Protection and Development of Environment."


Courtesy "Gulf News"

Tuesday, November 8, 2011

UAE MINISTRY OF LABOUR ANNOUNCED MINIMUM WAGE LIMIT FOR DIFFERENT PROFESSIONAL LEVELS.




Among the other newly introduced changes, the UAE’s ministry of labor announced the introduction of minimum wages for its professional workforce. 

At least 20 percent of the total manpower should be of professional levels (1-2-3), the UAE’s labor ministry said on its website, however it did not detail the professional criteria of the three levels, but it fixed minimum wages for each. 
According to new labour laws, employees under skilled class level 1 those with a bachelors degree should earn a minimum of $3,333 (12,000.00 AED) per month. Diploma holders who come under skilled class level 2 should earn not less than $1,944 (7000.00 AED) and workers who have passed high school should be paid a minimum salary of $1,388 (5000.00AED).
"Our ethical and legal mandate requires us to strive to explore and roll out mechanisms that embody the sincere commitment of the political leadership to put in place a safe and stable environment and to protect rights of all categories in the community," said the minister of labor, Saqr Gobash Saeed Gobash.

Emiratization & fines

The ministry also stipulated a new Emiratization condition, where 15 percent of the total number of the staff in the three professional levels should be Emiratis. 

Also, companies are now categorized into three groups, and can be downgraded and made to pay the ministry’s newly introduced penalty and black-point system against offenders if they violated rules.

“So far as the third group is concerned, the resolution indicated that a firm on the second group which accumulates 100 black points will be downgraded to the newly introduced third group,” the ministry's website said.

"The newly introduced third group will include companies that are convicted by courts for recruiting infiltrators, committing human trafficking or bogus Emiratization and providing wrong information to the Wage Protection System with the aim of evading the system," it added.

Also, restoring the company’s former category is only possible after one year from the date of the downgrading and only after the violation is corrected.

courtesy " Al Arabiya"

Monday, October 3, 2011

COMPANY FORMATION IN UAE


COMPANY INCORPORATION & BUSINESS SET-UP IN UAE

We assist our clients to determine the best possible legal structure for a new business.

LEGALLY PERMITTED BUSINESS STRUCTURES

There are five major categories of legally permitted business structures:
Establishments (Sole Proprietorships)
Commercial Companies
Commercial Agencies
Civil Entities
Free Zone Companies

Establishment (Sole Proprietorship)

An Establishment, or Sole Proprietorship, is a simple structure whereby an individual is issued a trade license in their own name, permitting them to trade or conduct business activity on their own account. The sole proprietor is held personally liable to the full extent for all assets and liabilities incurred by the business. Mainly, it is only UAE nationals and nationals of GCC countries (subject to certain conditions) who are permitted to form establishments in Dubai. However, in recent years, a practice has evolved whereby a UAE national obtains a license for an establishment and leases it to an expatriate(s) for an annual fee. These expatriates, then, take on all management functions of the business and retain all profits. This type of Arrangement, though common, is not recommended as it is fundamentally unlawful and problems may arise if the business relationship between the parties breaks down. Certain foreigners in selected fields may form sole proprietorships if they reside in the UAE.

This is also referred to as “Professional Firm”. These include professional consultants in:
Healthcare services,
Construction & engineering,
The legal profession,
Information technology & computer services,

A professional firm of foreign sole proprietor is required to appoint a local service agent. The local service agent must be a UAE national, but he has no direct involvement in the business and is paid a lump sum and/or percentage of profits or turnover. The role of the local service agent is to assist in obtaining licenses, visas, labor cards, etc.


Commercial Companies
According to the UAE Federal Law, a commercial company can be set up in the UAE on condition of a total local equity of not less than 51%. We assist clients in establishing the following subcategories of business organization in the UAE:

1. General Partnership Company
2. Joint Venture Company
3. Public Shareholding Company
4. Private Shareholding Company
5. Limited Liability Company
6. Branches and Representative Offices of Foreign Companies

General Partnership
An arrangement between two or more partners whereby each of the partners is jointly and individually accountable to the extent of all their assets for any liabilities the business may incur. General Partnership Companies are limited, however, to UAE nationals only.

Joint Venture Company

A contractual agreement between a foreign party and a local party licensed to engage in a desired activity (ies). The local equity participation in the joint venture must be at least 51%, but the profit and the loss distribution can be prescribed. There is no need to license the joint venture or publish the agreement. The foreign partner transacts with third parties under the name of the local partner who (unless the agreement is publicized) bears all liability.

In practice, joint ventures are seen as offering a suitable structure for companies working together on specific projects, or foreign companies wishing to establish operations in the UAE on a short-term basis.

Public & Private Shareholding Company
Stipulated as a legal entity for companies engaging in banking, insurance, or financial activities. Foreign banks, insurance and financial companies, however, can establish a presence in the UAE by opening a branch or representative office. Shareholding Companies are suitable primarily for large projects or operations. The chairman and majority of the directors must be UAE nationals and there is less flexibility of profit distribution than is permissible in the case of Limited Liability Companies.


Limited Liability Company (LLC)

The most appropriate method of establishing a business in the UAE for foreign investors interested in developing a long-term relationship in the local market. An LLC can be formed by a minimumal. While foreign equity in the company may not exceed 49%, profit and loss distribution can be of two and a maximum of 50 persons whose liability is limited to their shares in the company’s capital  prescribed. Responsibility for the management of a Limited Liability Company can be vested in the foreign or national partners, or a third party.

Branches & Representative Offices of Foreign Companies
According to the Commercial Companies Law, branches and representative offices of foreign companies in the UAE may be 100% foreign owned, provided a local agent is appointed. Only UAE nationals, or companies 100% owned by UAE nationals, may be appointed as local agents (often referred to as sponsors). Local agents are not involved in the operations of the company but assist in obtaining visas, labor cards, etc. and are paid a lump sum and/or a percentage of profits or turnover.

For more information on costs and procedures of a company establishment in different Free
Zones please contact me on rupeshpr@hotmail.com / 00971-553660266

Wednesday, August 17, 2011

Trademark Registration in UAE



     The trademark will be published in the Trademark Journal issued by the Ministry and must also be published in two local newspapers. After the publication, there is a period of 30 days during which written objections to registration may be filed to the Trademark Office by third parties. If no objections are received within the initial 30 days, the Trademark Office approves the registration, and the registration certificate will be issued.


 A registration is valid for 10 years from the date the application was filed and can be renewed indefinitely for consecutive 10-year periods. Under current laws, there is no requirement to ‘prove use’ of the registration in order to renew it.

A renewal application must be filed during the last year of expiry. For renewal there is a non–extendable grace period of three months from the date of expiry of the trademark.

Should you require more clarifications please feel free to contact me on rupeshpr@hotmail.com or call me on 00971-553660266
     

Thursday, August 11, 2011

EMPLOYMENT VISA

Description
Employment Visa is a process of legally obtaining government approval for an expat to work under the sponsorship of a company by obtaining the Labour Card and Residence Visa from the Ministry of Labour and Immigration Department respectively. Without having these documents, an expat cannot lawfully work for any company in the UAE.
The basic components of the Employment Visa are:
1. Entry Permit (pink visa)- Allows the person to enter UAE on an employment visa
2. Residence Visa- This is an actual visa stamped on the passport of an expat allowing him/her to stay in the country for 2 years. This residence visa has company name, designation of the employee mentioned on it
3. Labour Card (work permit) - An ATM size card that legally allows a person to work for a company. This card will have company name and designation of the employee.
4. Labour Contract- It is a legal agreement between the company and the employee which states the working conditions, hours, salary and benefits bounded under the UAE labour laws
The Labour Card allows a person to work for the company and the Residence Visa (stamped in the passport) allows the person to have a permit to legally stay in the country for a minimum period of 2 years. Both the Labour Card and Residence Visa can be renewed after the expiry for another 2 years.
All the companies under the jurisdiction of Federal Government seeking to hire expats to fill the job vacancies require this service.
Qualifications for Employment Visa
There are certain qualifications for a person to be eligible for an Employment Visa. A person who is having a labour ban for the failure of completing 2 years of service in the previous company can only be hired by the new company should he/she meets the following conditions:
1. The person has a high School Diploma/ Degree Certificate/ Master’s degree
2. The designation is higher than that of before. For example:-A person who was working as an executive now obtains a managerial post
3. The salary is at least AED 5000 for a high school graduate, AED 7000 for a college graduate and AED 12000 for a post graduate 


Should you require more clarifications please feel free to contact me on rupeshpr@hotmail.com



Wednesday, July 27, 2011

Commercial licence renewal

In UAE it’s essential to renew your Commercial license before it expires. There is a penalty for every day the Commercial license is not renewed. Failure to renew your Commercial license will result in a ban on all licenses held by the share holders, freezing all of their business activities.
The basic components of the Commercial license renewal are:
1. Commercial License – Allows the companies to work legally in UAE.

2. Commercial License is the document which legally allows a company to work .It contains all the details including the name of the activity, partners name, all the Commercial licenses are valid for one year.

3. All companies under Federal Government who are seeking to do trade or services should have a valid Commercial license.

Advantages:
1. Can trade freely with in Dubai.
2. Can trade with the international market.
3. If it is an LLC Company the liability is limited.
4. Legally allowed to perform the specific activity.
5. If you want to expand the business in other emirates or in GCC countries, company will be considered as a local company, except if it is a branch office. Branch office or representative office will not be considered as a local company as they are not own by the locals


Should you require more clarification and assistance to start your business please feel free to contact me on rupeshpr@hotmail.com or call me on 00971-553660266

Saturday, July 23, 2011

Representative office of a Foreign company or a local company in UA

Description
Representative office of a Foreign company or a local company in UAE. Representative office is incorporated to facilitate their own trade in this region or extending their arm in different emirates. This will enable the investors to grow their business and save tax 100%. The other advantage of having the representative licenses is the ownership and the control will be 100% by the investor and any time the local service agent can be changed without notice. . . Representative offices of foreign professional firms may be 100% foreign owned provided UAE nationals or 100% UAE owned companies are appointed as local agents. As mentioned previously, such agents are not involved in the operations of the firm but assist in obtaining visas, labor cards etc and are paid a lump sum as remuneration. The Economic Department is the authority in charge of licensing such branches or representational offices A representative office can be incorporated of a foreign company in UAE and they are allowed to promote their product and services, multinational companies can reach the prospects locally and in the middle east region. They can arrange the meetings and can provide customer service to the clients with in the region
Advantages 
Hundred percent ownership
can reach the market locally
can do the advertisement and promotion.
Should you require more clarification and assistance to start your representative office in UAE, please feel free to contact me on rupeshpr@hotmail.com or call me on 00971-553660266

Saturday, July 9, 2011

ELECTRONIC WORK PERMIT- LESS THAN 50 EMPLOYEES

ELECTRONIC WORK PERMIT- LESS THAN 50 EMPLOYEES

The new rule states that all companies need to apply for an electronic work permit quota (EWP) first. Once done, it will activate the labor card of the company which will then allow the application process to start for new visas. This facility is to determine in advance how many employees will you be requiring in the next six months, and what designations and genders you will be hiring.
The primary reason why this facility has been introduced is for the Ministry of Labor to find out if the designations and genders of companies are in line with their core business activities.

For companies who have less than 50 employees the EWP can be applied in any authorized typing centers
FAQ
  • What is Electronic Work Permit or E-quota?
It is pre-approved designations and gender for companies under Ministry of Labor for them to be able to hire employees.

  • What is the time frame?
7 working days

Thursday, July 7, 2011

WE OFFER ISO CERTIFIED PRO SERVICES: FAMILY VISA


FAMILY VISA

Family Visa is a process of legally obtaining the government approval for an expatriate’s family to come and stay in UAE with him/her. Family Visa can be obtained from the immigration department after going through the required processes and producing the required documents. Any expat who is working or running his/her own business in UAE and holds either an employment visa or Investor/Partner Visa is eligible to bring his/her family to UAE if he/she fulfills the criteria required for the same.
Despite the fact that the process remains same, the basic requirements and eligibility for Family Visa varies on the basis of relationship of the applicant(s) with the sponsor.

REQUIREMENTS
• Net salary of the sponsor should not be less than AED 4000 while basic salary of the sponsor should not be less than AED 3000
• Passport of the applicants should be valid for at least 6 months

Wednesday, July 6, 2011

LADIES WORK PERMIT

LADIES WORK PERMIT
A lady under the residence visa sponsorship of husband or father can get a work permit from Ministry of Labor to be able to legally work for a company; the work permit is valid for 2 year.  
Earlier only female expatriates under the sponsorship of their father or husband were allowed to work in the UAE. With the new decision females who are under the sponsorship of family members such as the mother, brother or uncles can work in the country after acquiring a labour card. Under the labour law no expatriate are allowed to work in the country unless they obtain a work permit and labour card.
While the common practice is that females are sponsored by either their father or husband, mothers in certain professions such as doctors, engineers and pharmacists can also become sponsors. In exceptional cases, brothers and uncles can also sponsor female relatives.
Advantages
Companies can able to reduce the cost of hiring for a new employee.
Required time period is less when compared to employment visa.
FAQ

1) What is the validity of the Ladies work permit?
    The validity of ladies work permit is normally two years.

2) After completing two years can she renew the work permit?
There is no chance of renewing ladies work permit, you have to go through the same steps     for getting new ladies work permit.

3) Is there any ban come if she is leaving before contract period?
   Yes there will be ban same as like employment visa and labor department is involving in it.

4) Whether I can work in ban period?
    Yes she can work according to her degree as well as higher designation and salary.
 

LADIES WORK PERMIT

LADIES WORK PERMIT
A lady under the residence visa sponsorship of husband or father can get a work permit from Ministry of Labor to be able to legally work for a company; the work permit is valid for 2 year.  
Earlier only female expatriates under the sponsorship of their father or husband were allowed to work in the UAE. With the new decision females who are under the sponsorship of family members such as the mother, brother or uncles can work in the country after acquiring a labour card. Under the labour law no expatriate are allowed to work in the country unless they obtain a work permit and labour card.
While the common practice is that females are sponsored by either their father or husband, mothers in certain professions such as doctors, engineers and pharmacists can also become sponsors. In exceptional cases, brothers and uncles can also sponsor female relatives.
Advantages
Companies can able to reduce the cost of hiring for a new employee.
Required time period is less when compared to employment visa.
FAQ

1) What is the validity of the Ladies work permit?

    The validity of ladies work permit is normally two years.

2) After completing two years can she renew the work permit?

There is no chance of renewing ladies work permit, you have to go through the same steps     for getting new ladies work permit.

3) Is there any ban come if she is leaving before contract period?

Yes there will be ban same as like employment visa and labor  department is involving in it.

4) Whether I can work in ban period?
    Yes she can work according to her degree as well as higher  designation and salary.

 

we offer ISO certified PRO services -visa assistance, tradelicence renewal,company incorporation,documents clearing,translation etc.

We provide corporate business solutions across Middle East. We assist in outsourced PRO solutions and would like to know if your company requires any sort of document clearing service. We have our own PRO Unit and an in-house document processing, document translation, legal document drafting facility. We can challenge you to reduce your operational cost and improve profitability. We offer same day processing of Visa applications.

We offer PRO Services as follows:
Business Consultancy
·         Mergers & Acquisitions
·         Market Intelligence & feasibility Studies
·         Strategic Business Development
·         Corporate Finance
·         Investment Management

Paralegal Services
·         Amendment of Share Capital
·         Shareholders Agreement
·         Power of Attorney
·         Legal Notices
·         Drafting of Contracts
·         Drafting of Agreements
·         Review of Legal Documents
·         Notarization Advice
·         Intellectual Property
·         Debt Collection
·         Drafting of Legal Documents
·         Law Suit
·         Employment Issues
·         Landlord & Tenant

VISA ASSISTANCE
·         Employment Visa
·         Visit Visa
·         Residence Visa
·         Transit Visa
·         Maid (Domestic Servant) Visa
·         Schengen Visa

PRO Services
·         Business Sponsorship
·         Trade License Renewal
·         Immigration Card Renewal
·         Visa Stamping
·         Visa Cancellation
·         Driving License Renewal
·         Vehicle registration
·         UAE ID Card Registration
·         Mail Collection

Document Clearing
·         Ministry of Foreign Affairs
·         Ministry of Labour & Immigration
·         Ministry of Justice
·         Dubai Economic Department
·         Legalisation of documents from Courts
·         Bill Payment
·         Car Registration 

Language Services
·         Translation
·         Localisation
·         Minute Taking
·         Proof Reading
·         Transcription

We would be delighted to assist you any time. Please feel free to contact me for more details - rupeshpr@hotmail.com or 00971-553660266.