drhassanelhais
10+ Views

Inheritance Under Muslim Law: Framework of Sharia Law

1. What law governs the inheritance on the demise of UAE national or an expatriate?
The principal source of law of inheritance in UAE is Shariah and on the basis of which several Federal Laws have been promulgated. In addition, main laws governing succession are Federal Law Number 5 of 1985 concerning the Civil Transactions Code (the Civil Law) and Federal Law Number 28 of 2005 regarding the Personal Status Law (the Personal Law).

Article 1(2) of the Personal Law states that the law will be applicable on all the citizens of UAE unless a non-Muslim foreign national have special provisions according to their community, which empowers the foreigner to have a choice of the law and avoid application of Shariah. Simultaneously, Article 17 of the Civil Law states that the inheritance will be governed by the law of the testator at the time of his death.

2. How the law of inheritance in UAE differs from other jurisdictions?
The law ofinheritance in UAEis extensive and accommodate everyone irrespective of their religion and nationality. The succession for Muslim is governed by the Law of Shariah, whereas, the non-Muslim is authorized to choose the law of their home country. The Law of Shariah is capable of alteration and further interpretation.

Further, being a civil law jurisdiction, the impact of precedents is null as compared to other common law jurisdictions. As opposed to other authorities, UAE does not follow the "right of survivorship" wherein the jointly-owned property will be given to the surviving owner, and the UAE courts have exclusive authority to decide upon such matters.

3. Under the law of inheritance, who holds the right to claim the deceased's estate?
The heirs and descendants have the right to claim the estate of the deceased according to the Shariah Law for Muslims. Whereas, beneficiaries of the will can claim the estate in case of non-Muslims if there is a legally certified will. In case of a deceased Muslim, the estate will only be transferred to those who qualify as an heir under principles of Shariah.
The primary step for courts in the event of the death of a Muslim is to determine the heirs and reconfirm it through two male witnesses along with documentary proof such as marriage or birth certificates. According to the principles of Shariah, spouse, parents, children, grandchildren, siblings, grandparents (paternal), uncles/aunts, nephews/nieces are considered as heirs to the estate. It further imposes several conditions on who can become an heir mentioned as below:
Any illegitimate children and adopted children will not be considered as heirs;
Non-Muslim cannot benefit from the estate of a Muslim;
A person committing murder to benefit from the estate will be ineligible to claim the estate;
Divorced women cannot claim from ex-husband's estate unless they are in "iddat" period.

4. How will the estate be divided among the heirs of a deceased Muslim under the law?
If a Muslim dies, the transferable rights will include all the rights pertaining to the property, usufruct and any other dependent rights like outstanding debts. It shall also cover the obligations of the deceased which can be paid off from his estate. Further, whatever is residue, post payment of funeral obligations, shall be divided among the heirs. Following are the ways under which the property will be distributed:

A. One half (1/2) of the property will be given to:
The husband, if the wife has no successor;
The daughter, if the deceased has no other children;
The daughter of the son or of his descendants, if the deceased has a child or a grandchild higher in degree with her;
The sister, if she has no brother or sister, a successor of the deceased, father or grandfather;
Consanguine sister, if she has no brother or germane sister or brother, a successor of deceased, father or grandfather.
B. One-fourth of the property will be given to:
The husband, if the wife has a descendant;
The wife, if the husband has no descendant.
C. One eight of the property will be given to:
The wife, if the husband has a successor.
D. Two-third of the property will be given to:
2 or more daughters, if deceased has no son;
Two or more daughters of son, or hi successors, of the deceased, has no son, grandson of the same degree;
2 or more germane sisters, if there is no germane brother, successor, father or grandfather;
2 or more consanguine sister, if there is no consanguine brother, a germane brother or sister, a successor, father or grandfather.
E. One-third of the property will be given to:
The mother, if the deceased has no successor or if there is no one else to succeed;
2 or more of mother's children, if there is no successor or father or grandfather, the property shall be divided equally;
The paternal grandfather, if he concurs the estate of germane or consanguine brother and in the absence of forced heirs;
F. One-sixth of the property will be given to:
The father upon concurring with succeeding descendent;
The paternal grandfather, if the deceased has a successor, if the forced heir is present, if his share is less than one-sixth or one-third of the reminder or if nothing is residual post taking his forced share;
Mother, along with successor of deceased or with 2 or more brother and sisters;
Grandmother, if she is not ineligible for an inheritance;

5. How will the estate be divided among the heirs of a deceased non-Muslim foreign national under the law?
The Personal Law in UAE permits the non-Muslim to draft a will and divide the property according to their will. However, if a foreign national dies without a will, the Civil Law and the Personal Law will allow the courts to distribute the assets of the deceased according to the principles of Shariah.

According to Article 17(1) of the Civil Law, the inheritance will be regulated by the law of the deceased during the time of his death, whereas, Article 17(5) of the Civil Law states that the UAE law will be applicable on non-Muslim expatriate wills regarding the property located in the country. In addition to this, Article 1(2) of the Personal Law states that the law will be applicable to non-Muslim unless he elects otherwise. Thus, if a non-Muslim foreign national die in the state are leaving the real property or other assets in the country, his home country law can be applicable, and his heirs can request the court accordingly. However, there is a restriction on dealing with the assets for property located in UAE.

6. Do heirs of a deceased foreign national has the right to choose the law under which the estate shall be divided?
As mentioned before, the foreign nationals are empowered to choose the law of the deceased during the time of his death, reference Article 17 (1) of Civil Law and Article 1(2) of the Personal Law.
The heirs must at the first appearance in the court, should request the court for application of home country law of the deceased. Further to this, Article 276 of the Personal Law, the heirs seeking inheritance shall submit the following documents:
The death certificate, duly legalized;

Last domicile of the deceased;
Will of the deceased, duly authorized.
Whereas, if the heirs have a judgment from a court of competent jurisdiction, they shall submit the same (duly attested, notarized and translated in Arabic) for execution.

Although the Personal Law allows the request for application of home country law, the Law does not expressly set aside the civil code, which leads to a level of uncertainty as to whether a non-Muslim will be considered under Shariah Law or under home country law.

7. What will be status of shares owned by either the UAE national or a foreign expatriate in mainland or a free zone company upon their death?
Upon the death of a partner or a shareholder in a company established within UAE, if relevant documents are not present, the shares will be divided according to the Shariah Law. However, if in a limited liability company (LLC) a local shareholder dies, in the absence of a shareholders agreement or any specific clause in the memorandum of association, the shares will be given to his heirs. Whereas, in case of a sole proprietorship, joint ventures, or free zone companies, the transfer or succession will be according to the local laws for probate which might not be according to the will of the deceased or his heirs. Since UAE does not recognize the right of survivorship; the shares will not be passed automatically to the rest of the shareholders or the family members. It is essential for companies to have either shareholder's agreement or wills in place to decide the transfer of their shares in the company according to their wish, which is in harmony with the existing shareholders as well.

8. Do Shariah Law recognize wills for Muslims?
The Law of Shariah does recognize wills drafted by Muslim only up to a certain extent. It is similar to that of a non-Muslim will with following prerequisites:
The testator must be over the age of 21 years;
He/she should be of sound mind;
He/she must appoint a trustee and a guardian for minor children;
The will must be duly notarized.
The only restriction which applies to will drafted by Muslim is that it can only be upon 1/3rd share of the deceased's estate and the estate shall not be gifted to any of the heirs. However, if the value of the estate is more than 1/3rd of the estate, the courts must approve it upon seeking written consent from the heirs.

9. Can a foreign non-Muslim expatriate draft and legalize his will in the country? What law is applicable to the wills drafted by non-Muslim foreign national?
A will drafted by a non-Muslim is recognized by the local courts upon the death of the testator, only if the will is duly notarized by the Public Notary in UAE. The will shall be translated in Arabic and must provide all the details pertaining to the assets of the testator along with bank account details. The will must be registered before the Judicial Department of the relevant Emirate. Importantly, Dubai International Financial Centre (DIFC) has established a "DIFC wills and probate registry" which will provide a platform for non-Muslims owning assets in Dubai to dispose of according to their wish. Further, the testator can opt for his home country law, while determining the division of assets, upon his death.

10. What is law pertaining to the joint account on the demise of one co-signatory? Can the surviving co-signatory dispose of all the proceeds from such account?
According to Article 379 of the Federal Law, Number 18 of 1993 concerning the Commercial Transactions Law (the Commercial Law), a joint account is an account owned equally by co-signatories unless they specify a different proportion. It is a common misconception among the residents that upon the death of one co-signatory the sole account holder can dispose of the proceeds from the bank account. However, as mentioned under Article 379 (4) of the Commercial Law, upon the death of co-signatory, the bank must be notified within 10 days from the date of his death. Upon such notification, the bank will freeze the account until the successors are appointed. The court will accordingly divide the proceeds of the bank account either according to the proportion of the deceased in the account, and if the account holders did not mention the proportion, the half of the proceeds would be given to the heirs.

11. What will happen to the jointly-owned property of husband and wife, upon the demise of the either?
The Personal Law and the Civil Law is vague and ambiguous with regards to the property owned by the foreign national. Thus, it is always prudent to have a registered will within the country. UAE does not have a concept of "right of survivorship" wherein, the surviving owner becomes the complete owner of the property, thus, in case of a jointly-owned property by foreign national along with his wife, the local courts have the right to decide upon the matter and divide the estate accordingly.

12. How can foreign nationals protect their family and assets?
It is advisable to foreign nationals to appoint a lawyer specialized in drafting wills to protect their family and assets from future eventualities. UAE is promulgating new laws in order to accommodate the registration of non-Muslim wills, such as DIFC wills and probate registry through which the testator can dispose of their assets according to his wish. The procedure is relatively simple and efficient for non-Muslims to pass their estate upon their demise freely.


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.


Comment
Suggested
Recent
Cards you may also be interested in
What is the current impact of the COVID-19 pandemic on commercial and consumer contracts?
The Covid-19 pandemic is still interfering heavily with international trade creating disruptions and delays on an unprecedented scale. The world has completed more than one year since the Covid-19 outbreak. However, its far-reaching effects are still far from over. Pandemic outbreaks have occurred before on numerous occasions, and they have had a crippling effect on the world economy. However, never before the world has collectively experienced such bottleneck effect on international trade and shipping. The underlying causes are numerous and include factory closures, supply shortage, transit and payment delays, to name a few. Many businesses have been pushed to the brink of bankruptcy in increasing numbers worldwide. In this article, we would identify several common legal and commercial issues. We would like to illustrate the legal measures applicable in the UAE in case of non -performance of commercial and consumer contracts on account of the pandemic. One of the most common after-effects of the pandemic has been the 'contractual non -performance' on account of conditions that are beyond the control of the contractual parties or, in other words "Force majeure conditions". The word Force majeure is a French term that literally means "greater force", and in legal terms, it refers to 'unforeseeable circumstances that prevent someone from fulfilling a contract'. The Federal law no. 5 of 1985 and its amendments on the Civil Transactions (UAE Civil code) states ‘force majeure' as follows: Article 273 In bilateral contracts, if a force majeure arises that makes the performance of the obligation impossible, the corresponding obligation shall be extinguished and the contract ipso facto rescinded. If the impossibility is partial, the consideration for the impossible part shall be extinguished. This shall also apply to the provisional impossibility in continuous contracts. In both instances, the creditor may rescind the contract provided the debtor has knowledge thereof. Further, articles 274- 275 states the legal position if a force majeure condition is established as per article 273. Article 274 When a contract is or shall be rescinded, the two contracting parties shall be reinstated to their former position prior to contracting, and in case this is impossible, the Court may award damages. Article 275 If the contract is dissolved on the grounds of nullity, rescission or for any other reason, and both contracting parties have to return what they have taken possession of, each one of them may retain what he has received, as long as the other party did not restitute what he has received from him, or did not submit a guarantee for its restitution. Despite the recognition of force majeure conditions under the UAE law, the parties to a contract should not be too quick to rely on the said general principle and should try to resolve the issues on mutual terms. As pursuant to Article 267 of the Civil code, "If a contract is valid and binding, none of the contracting parties may revoke, modify or rescind it except by mutual consent, order of the court or a law provision". UAE courts generally interpret force majeure conditions restrictively for each case as per its unique facts and circumstances. In addition, the UAE law imposes each party to confer with the good faith principle and to fulfil their contractual obligations.
Know the Challenges Faced by Sole Representatives
Know the Challenges Faced by Sole Representatives International businesses can establish their presence within the UK without making any large investments, like the £200,000 required under the Entrepreneur route as per the United Kingdom Immigration rules. Many companies prefer to send a private employee to the United Kingdom to check the waters within the UK and develop a presence within the UK. Much to the business owners delight, wishes and interest these businesses can send a ‘representative’ to the United Kingdom by making an application under the category referred to as ‘representative of a foreign business visa’ to determine a business presence within the UK. The parent company must be a real commercial enterprise with its principal place of business outside the United Kingdom. The representative is required to file a web visa form and supported by the employer documents which might also confirm the financial standing of the corporate. it's essential to think about the following: Its turnover to evidence the corporate is actively trading Its registered office must be outside the UK- having one within the UK- defeats the aim of the appliance The type of business should same because the intended business within the UK- for instance, it must supply an identical product or service Few challenges which can be encountered by the companies are that: There shouldn't be any physical presence of the corporate in UK like no active branch, subsidiary or other representatives within the UK The company’s headquarters and principal place of business should be outside the United Kingdom. - this is often to stop that the intention isn't to maneuver the most center of business to the United Kingdom If there's already a branch, subsidiary or other representatives within the UK, employees must apply under the purpose-based system An agent hired to plug the company’s products within the UK wouldn't be considered as sole-representatives A sales representative or buyer who only fulfills that specific role for the corporate A company can only send one representative. If one is admitted then the opposite can apply under the Tier 2 of the points-based system- this is often subject to the corporate holding a Tier 2 sponsor licence The branch established in UK should exist only as a legal entity After the successful UK Sole representative visa application, the holders of this leave to stay are only allowed to figure within the business during which they need appointed in. they're not allowed to require up the other establishment or paid job Additional evidence is usually considered while the Entry Clearance Officer is assessing your application It is imperative that companies seek a Sole Representative of a foreign Business visa inquiry so on identify the strengths and weaknesses of any application and deal professionally and competently with questions from the United Kingdom headquarters. If you've got any comment or want to understand anything about UK Sole Representative visa then you can Contact our UK Immigration experts. You can call us on +91 98191 27002 or email us at info@smi.legal and book your consultation appointment.
Check your eligibility to apply for Tier 2 General visa
Tier 2 General Visa You can apply for a Tier 2 (General) visa if you’ve been offered a talented job within the UK and you’re from outside the ecu Economic Area (EEA) and Switzerland. The Tier 2 (General) category is for foreign nationals who are offered a talented job to fill a niche within the workforce that can't be filled by a settled worker. Tier 2 General may be a Point Based Category and points are often awarded for Been granted a Certificate of Sponsorship (CoS), Earning appropriate Salary, Meeting English academic requirement and Having relevant funds for maintenance. If you would like to use for a Tier 2 General visa, you want to be sponsored by a UK employer who has the Tier 2 sponsor license. The applicant must suit all the wants of codes of practice for employers including the work level, minimum salary, meeting English and maintenance funds. Initial Entry Clearance For entry clearance as a Tier 2 General Migrant, usually, a restricted Certificate of Sponsorship (CoS) is required unless job is on the shortage occupations list or prospective salary to be paid to the Tier 2 Migrant is £159,600 or more once a year There is an annual limit on the amount of Certificates of Sponsorship available under Tier 2 (General) for the restricted Certificate of Sponsorships. Unrestricted Certificate of Sponsorship (CoS) where salary offered is £ 159,600 or higher aren't covered under any quota limits. Resident Labour Market Test Should the employer make an application for you under the restricted CoS, then the employer will get to provide evidence to the UKVI of a Resident Labour Market Test (RLMT) being administered. The resident labour market test is there to guard the settled workforce and means the employer must advertise the work to offer settled workers an opportunity to use. they will only recruit a migrant if: a) RLMT is completed as per the provided instructions and therefore the employer can demonstrate that no suitable settled worker is out there to fill the work, or b)the job is exempt from the resident labour market test. (e.g., where salary offered is £ 159,600 or higher). To complete an RLMT for any job within the Tier 2 (General) category, the employer must place two job advertisements using the methods permitted by the UKVI. 1) Jobs must be advertised with the work Centre and 2) National Newspaper – which must be published a minimum of once every week and is marketed throughout the United Kingdom or throughout the devolved nation during which the work is found or 3) Professional Journal – which is published for a specific field and is out there nationally either through shops or subscriptions. The journal must be published a minimum of once a month and be relevant to the character of the work. or 4) Internet – there are not any restrictions on the precise website but it must be a web version of a national newspaper, a web version of knowledgeable journal or the web site of a prominent or professional recruitment organization. or 5) Organization's which have over 250 permanent employees within the UK also are permitted to advertise the work on their own website. Dependents of Tier 2 General migrant Family members of migrants who are within the UK as Tier 2 General visa holder would be allowed to enter the United Kingdom as dependents if they're from outside European Economic Area (EEA). A ‘dependant’ is any of the following: husband, wife or partner child under 18 child over 18 if they’re currently within the UK as a dependant Dependants applying from outside the United Kingdom If the dependants meet all the relevant requirement of the dependant visa, then they might be required to use online. And also, would be required to possess their fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as a part of their application. Dependants applying within the UK In certain cases, the dependants can apply to increase or switch their visas to remain with the migrant if they’re already within the UK. they ought to apply using the dependant form. They can apply at an equivalent time because the primary applicant or at a later date by post, or face to face at a premium service centre. While applying for dependent visa it's impossible for the applicant to ‘switch’ the visa from within the United Kingdom, this suggests that relations can’t apply within the UK as dependant if they hold a visitor visa and have entered the country on a visitor visa. The applicants are going to be required to return to their home country to form a fresh application. The visa is granted for an equivalent duration because the visa of the most applicant. For dependent children all arrangements for children’s care and accommodation within the uk must suits relevant uk legislation and regulations. For all dependant visa applications, it's necessary to point out that the applicant and therefore the sponsor are going to be ready to support themselves with none recourse to public funds. this is often also called because the maintenance funds requirement. To check your eligibility to use for Tier 2 visas or Tier 2 sponsor license we might advise you to book a meeting with our Solicitors based in London | Mumbai | Delhi | Chandigarh | Vadodara | Bangalore on +91 9819 127 002 to debate the merits of your case.
UK Spouse Visa Document Checklist for meeting the Income Requirement
Welcome to The SmartMove2UK’s latest guide to the financial documents required for your UK Spouse Visa application. We are going to present this guidance article as a UK Spouse Visa document checklist for you to follow to ensure that you can adequately prove that you meet the financial requirement for the UK Spouse visa application eligibility criteria. Before we get started on the UK Spouse visa document checklist for meeting the income requirement, it is important to present the disclaimer: Any of the advice that you find in this article does not constitute as legal advice. This is just a guide. To ensure that your UK Spouse Visa application chances to succeed are maximized, be sure to book an appointment with one of our consultants at The SmartMove2UK (a unit of Smart Move Immigration). Our expert Immigration advisors believe that it’s crucial to provide any prospects for the UK spouse visa application with a brief overview of the requirements they would have to meet, and have hence shared this information out of their extensive experiences as UK legal immigration advisors. Now let’s get to it. The financial documents must be of the sponsor’s financial income. If the applicant is working in their country, the Home Office is not really interested to know what they are earning. They just want to know that the sponsor can support the applicant once they are in the UK. The financial requirement at the moment is 18,600 GBP per annum. The income requirements would increase if there is any additional child. UK Spouse Visa document checklist for meeting the Income Requirement – 2021: Relationship Documents Sponsor’s Employment Letter Sponsor’s Employment Contract P60 (End of year tax certificate issued in the UK and Ireland) 6 x Sponsor’s Monthly Wage Slips 6 x Sponsor’s Monthly Bank Statements Accommodation Documents Additional savings held in regulated financial institution For the best immigration assistance in town, book an initial consultation with one of our UK qualified experts today. Our associates can help you in any part of the world telephonically or through any of our offices in either Mumbai, Delhi, Bangalore, Chandigarh or London. Even if you are missing some of the  documents, you may still be eligible to apply for a UK Spouse visa,  if you have a proficient immigration attorney by your side. And that’s exactly what The SmartMove2UK is here to help you with. You can contact us on +91 98191 27002 or email us at info@smi.legal and book your consultation appointment.
Trademark Registration In Agra
Trademark refers to an property which incorporates a recognizable sign/symbol/words that represent a brand and distinguishes one brand from the opposite . it's a singular identity of a brand. Just like humans, brand name/identities also are vital for a business to survive within the market. Agra may be a market with tons of entrepreneurs and competition which makes it difficult for your business to face call at this crowd. Here, trademark registration in Agra service by AskYourProfessional involves the rescue. We at AYP, assist you get your trademark registration in Agra wiped out few easy steps and in minimal time. Having experience of years during this field, we all know how the market works and different legal things to stay in mind for your business. By availing trademark registration in Agra, you get full rights of your brand name/logo and you'll run your business smoothly. Want to read more about Trademark Registration? Click here. Advantages of Trademark Registration in Agra Legal Protection: If you own a business in Agra, the market is very competitive and you don’t know subsequent step of your competitor. you would like to be legally strong to guard your brand. Here comes trademark registration in Agra which causes you to the legal owner of your brand and nobody can use your brand name/logo without permission. you'll take a action against someone who infringes to try to to so. Unique Identity: Trademark Registration in Agra gives your brand a singular identity which increases your brand value and makes your brand to face call at the gang . Asset: Registered trademark can act as an asset for the business owner because it are often rented/sold/franchised. that's why it's also referred to as an property . Brand Value: It creates a way of trust, increases your goodwill as a registered and known brand are often easily trusted by the purchasers . Documents required for Trademark Registration in Agra Trademark registration in Agra is now simplified with Ask Your Professional. to urge trademark registration in Agra, you would like to: Fill out our contact form/ Contact us directly at +91 8791164133 Submit the specified documents. Get your trademark registration wiped out minimal time. Documents required for people & Sole Proprietorship Any individual can easily get trademark registration in Agra. there's no need for forming a legal entity or business entity to register a trademark. The documents needed are: Copy of the brand . just in case logo isn't provided, the trademark application are often filed for the name. Signed Form-48. Form-48 may be a authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf. Identity Proof of the individual or Proprietor. Address Proof of the individual or Proprietor. Contact Us for any legal Query we will be happy to serve you :-) 
Lessons from a UK Spouse Visa Application
While my Immigration lawyer friend was still dating his wife, he was worried about many things like impressing her, not making a fool of himself, etc. One thing he wasn’t worried about was the prices of the Spouse Visa UK or the tedious spouse visa application rules. However, after a dramatic movie-like romance, they got married, pregnant, and decided to maneuver to the United Kingdom, to make sure that their child could have the life and therefore the future my friend always dream of. He tells me that having spent numerous years asking his clients to prevent crying in his office, he was now within the ir exact situation: crying in the plan to inform his newly married wife why the United Kingdom Spouse Visa was causing such an enormous roadblock to their family plans. In the next several days, he honed his application with a fine-tooth comb and reached several lessons. the primary and most vital lesson he says he would describe to any future applicant is as follows: UK Spouse visas are sinfully expensive The UK spouse visa fee is £3,395, including the £1,872 immigration health surcharge. additionally, the waiting times include anything from a couple of too many months for entry clearance applications. If you would like to buy the appliance to be expedited, it'll cost you another £590, approx. The total cost of the visa (a period of two and a half years) was £3,985. there'll be similar levels of costs when leave granted is nearing to finish and therefore the application will need to be extended, or if the applicant chooses to eventually choose a settlement. This cost figure doesn't include legal fees (for the people that aren't immigration lawyers like my friend) or the several flights required to still live alongside your spouse while keeping a tab on the immigration rules of two different countries. Conclusion: take care about where you spend your legal fees. Like my friend painfully learned, it costs tons of cash to urge through a spouse visa application successfully. Therefore, it's imperative that you simply use your money wisely wherever you’ll, like hiring the sort of legal advisors which will get your visa application done right the primary try itself. If you are considering to apply for UK Spouse Visa you can contact us on +91 98191 27002 or email us at info@smi.legal and book your consultation appointment at The SmartMove2UK.
Civil Claim Procedures for Expatriates in UAE
Civil courts structure in UAE is pyramidal, wherein, the Federal Supreme Court is the highest court at a federal level and the Court of Cassation is the highest court at an Emirate Level. Next in the hierarchy of courts are the Courts of Appeal in the relevant Emirate followed by Court of First Instance in each Emirate. If you are a resident of Dubai or any other Emirate in the country, it is pertinent for you to understand the hierarchy of courts as well as the procedure of filing civil claims before such courts as advised by Civil Lawyers of Dubai. Civil laws in the UAE manage different issues including family concerns, violation of contractual agreements and other corporate-commercial disputes between several parties. The Federal Law No. 11 of 1992 concerning UAE Civil Code was recently amended by virtue of Law number 10 of 2014 and further amendments through Cabinet Decision 57 of 2018 govern the procedure for filing civil claims before relevant courts. The law directs the purviews, guidelines, methodology and strategies regarding Civil Procedural Law. This article will divide the procedure in different easy steps to enlighten our readers the procedure of civil courts to entertain any case. Step 1 The primary step for civil, employment and family disputes is to register the issue before mediation centres facilitated by UAE courts. For instance, commercial dispute resolution committees, family reconciliation centre, rental dispute centre and labour dispute centre. The major function of the foregoing authorities is to resolve the dispute amicably between both the parties and in the event they see no opportunity to reach an amicable solution, they will allow the parties to register the matter before the court by issuing a No-Objection certificate. Step 2 Upon receiving an NOC from the mediation centre, the next step for any claimant is to appoint the Best Civil Lawyers in Dubai or any other relevant Emirate. However, the parties may appoint the lawyers at the mediation stage or post that stage, as they may deem fit. Considering the language barrier and other requirements of the courts in UAE, it is appropriate to appoint a legal consultant in the country to legally represent you before the relevant court authorities. Step 3 The third step is to register the claim before the civil court (case management officer), wherein the primary step is to submit a “statement of Claim” drafted in Arabic Language along with relevant evidences supporting your claim (legally translated in Arabic) along with a legalised power of attorney if the claim is registered through a lawyer. The statement of claim will entail all relevant details of the parties, facts of the matter and the request of the claimant, It is pertinent to note that any document procured from outside the country shall be legally attested through public notary, Ministry of Foreign Affairs and UAE embassy in the country of origin. Step 4 Upon submitting the first claim, the other party will be summoned before the court and will be given an opportunity to present their defense statement. Once both the parties are given equal opportunity to present their case, the court will issue a judgment in favour of either party and will oblige them to pay the relevant costs. Nevertheless, once the judgment is issued, either party has the right to file an appeal before the court of Appeal followed by an appeal before Court of Cassation, in case they are unsatisfied by the judgment issued by the court. Lastly, the procedure for courts in UAE although looks similar with other countries, yet it is significantly different from other countries considering the different rules and regulations followed by UAE courts and difference in language.
The circumstances in Court to grant a divorce by mutual consent and its waiting period
Divorce by mutual consent can be best understood as the legal process by which both the husband and wife mutually agree for divorce and, therefore, would like to terminate the marriage as per agreed terms. The mutual divorce petition is thus jointly submitted by the husband and wife to the Court. In a mutual divorce, the parties often seek independent legal advice in order to obtain legal advice on the provisions governing separation, custody rights, visitation, alimony, property division etc. They would also seek expert legal advice in order to enter into a written settlement agreement finalizing the terms of the mutual divorce. When a mutual divorce is agreed upon between the spouses, they often do not need any further judicial adjudication, as the spouses are not making any allegations against each other that require to be resolved by the judicial courts. This type of divorce is usually preferred by a couple as it gives them a higher degree of control over their separation terms. The parties can mutually negotiate and enter into separation terms that are tailor-made and suitable to their personal and unique conditions, rather than relying on separation terms that are imposed by a court of law. The mutual divorce process in the UAE: A mutual divorce process is accepted in the UAE. The first step in the process includes an application to be filed before the family guidance committee of the respective emirate where the parties are residing. The family guidance committee receives the application and would assign a counsellor to the case. The role of the counsellor is that of an independent mediator and to try to resolve the disputes and issues raised by parties. When the parties wish to enter into a mutual divorce, the family guidance department would confirm the consent of both the parties and facilitate the steps for signing the terms of the settlement agreement, which would finalize the divorce. The mediation step is mandatory even in amicable divorce matters and has to be completed by the parties. In the instance any given party does not agree to enter into a mutual divorce, then they may request the family guidance department to provide them with a referral letter in order to approach the Court for further adjudication. Separation period: Unlike other jurisdictions, the UAE laws do not require a mandatory separation period to be imposed on the spouses prior to a final divorce being granted in the UAE for non-Muslim residents. Other foreign jurisdictions usually require a mandatory separation period of twelve (12) months to be imposed prior to a mutual divorce application to be submitted before the courts. UAE does not have this mandatory provision for non- Muslims. However, the parties have to participate in the mediation process before the family guidance committee before a divorce is granted by the courts. The general considerations for legal recognition of a mutual divorce concluded in a foreign jurisdiction is whether due process of law has been followed in obtaining the mutual divorce. A mutual divorce agreement concluded in the UAE is valid and enforceable in other jurisdictions around the world.
Know About UK Sole Representative Visa | SmartMove2UK
What is Sole Rep Visa UK The Sole Rep Visa UK may be a visa for applying for a representation of a foreign company within the UK to line up either a branch or subsidiary of the corporate. It also can be wont to start the company’s first UK office. to use for the representative visa, you want to either be the only representative of a foreign business trying to determine an edge within the UK otherwise you might be an employee of a foreign broadcasting agency that has come to fulfil a long-term assignment within the UK. The said representative cannot own quite one-half of the business, and therefore the primary business should be outside of the United Kingdom. the world of business within the UK and overseas must be similar. What are sole rep visa application availability? If you apply outside the United Kingdom, you'll book a date 3 months before the date of travel. (Ex. If you’re traveling on 20 Aug, you'll begin applying from 21 May). The visa decision takes a mean of 2-3 weeks. If you apply inside the United Kingdom, it takes 8 weeks to offer a choice. The visa features a validity of an initial period of three years and an extension of two years. After 5 years, you'll continue to use for permanent settlement within the UK. Click here to understand more about the way to extend Sole Rep Visa UK? What are the eligibility criteria for UK Sole Rep Visa? The eligibility criteria stand as: You must be a recruit and employee of a lively and trading business, whose headquarters and principal place of business exist outside the United Kingdom and can remain so. Your recruitment and employment must even have been done outside the United Kingdom. You must possess the required skills, knowledge, and knowledge to try to the role. You must hold a senior level position within the business where you get the complete authority to form decisions on its behalf. Furthermore, you must, however, not own the business or exercise majority control over it. You must find out the business with the intention of building the primary commercial presence of the overseas business within the sort of a registered branch or a wholly-owned subsidiary. You can even be eligible if a legal entity of the business exists within the UK, but it doesn’t employ staff or do business. Not only that, but you'll also replace a previous sole representative of the United Kingdom branch that has not been found out yet. English language requirement for UK Sole Representative Visa To get a visa within the UK, you'll got to prove your command of English language. To prove your knowledge of English language, you'll – Pass an English test approved by the house Office with a minimum of CEFR level A1 in speaking and listening. Possess academic qualifications where the courses were taught in English with a degree recognized by UK NARIC to be like a UK bachelor’s degree, master’s degree, or a Ph.D. There are a couple of other methods to prove your English requirement which are mentioned within the full visa guidance (GOV.UK link). There are a couple of countries where you'll not got to prove your knowledge of English language if you’re the country’s national. you'll check for an equivalent within the full visa guidance. What documents are required for UK Sole Representative Visa Any valid travel identification, like your current passport. Bank statements, payslips of the last 6 months, or similar evidence to point out that you simply can support yourself and any dependants during your trip. Proof to point out that you simply meet English academic requirement. If you’re applying from overseas Details of the situation of your stay. Your tuberculosis test results, if your country requires. You’d need a blank page to place your visa when you’re applying from overseas. you would possibly get to provide additional documents because the circumstances require. Such circumstances are often predicted by the United Kingdom Visa experts at The SmartMove2UK to make sure a seamless visa application. Sole representatives got to provide business documents like A complete description of the activities of the business, including the small print of assets and accounts it holds. A letter that confirms that the overseas business will find out a branch or subsidiary within the same commercial activity as run overseas. The branch must be registered and therefore the subsidiary must be wholly owned. Details of your description, salary, and employment agreement. A letter that confirms your ability to authorize decisions and proves your familiarity with the business. For newspapers, broadcast agencies, and news employees A detailed description of your parent company’s activities, including details of assets and accounts, must be provided. A confirmation letter that stages you'll be representing the business within the UK for an extended term and full-time role. Applying for a visa are often a taxing experience. The SmartMove2UK can assist you every step of the way with the complete representation services or check your UK Visa application through personal review services. Using the opinion of UK immigration lawyers / experts at The SmartMove2UK, you can better your chances of visa acceptance in a hassle-free manner. You can then go on ahead to build your business at a new location or work on your awaited assignment in the UK. If you are considering to apply for sole representative visa you can contact us on +91 98191 27002 or email us at info@smi.legal and book your consultation appointment.
UK Visa sponsorship licence Consultants in India
UK Tier 2 sponsor licence The Tier 2 visa category was earlier referred to as working papers visas, Tier 2 visas are work visas that headquarters licensed UK employers holding Tier 2 sponsor licence. There are various subcategories of Tier 2 visa UK including: Tier 2 General Tier 2 Intra company transfer Tier 2 Minister of faith Tier 2 sportspersons If you're a UK business considering sponsoring migrant workers under the points-based system and would really like to seek out out whether you'll be a Tier 2 visa sponsor, the way to apply for a Tier 2 sponsor licence, how you'll sponsor Tier 2 migrants once you have a licence, and what your duties are as a Tier 2 sponsor, then this reading is for you. A UK employer will need a Tier 2 sponsor licence to use someone from outside the ecu Economic Area (EEA) and Switzerland to figure for you within the UK. This includes unpaid work, like running a charity. As UK employer the corporate can apply for Tier 2 sponsor licence counting on their requirement: Tier 2 – skilled workers with long-term job offers Tier 2 Shortage Occupation Tier 5 (Youth Mobility Scheme) UK employers can apply for a sponsor licence covering either tier or both. Tier 2 Sponsor Licence A Tier 2 licence allows employers to usher in skilled workers who are going to be employed on an extended term basis. Tier 2 licence holders can bring applicants within the UK on the subsequent sub categories: Tier 2 General – the role must meet the work suitability requirements Tier 2 Intra-Company Transfer – for multinational companies which require to transfer employees to the United Kingdom Tier 2 Minister of faith – for people coming to figure for a spiritual organisation (for up to three years) Tier 2 Sportsperson – for elite sportspeople and coaches who are going to be based within the UK At The Smartmove2UK our UK Immigration experts have helped companies in several industries including Information Technology, Mobile telephony, App development, Gems & Jewelery, Industrial goods manufacturers, Engineering goods, Health & wellness companies to successfully apply for Tier 2 sponsor licence. Tier 5 Sponsor Licence A Tier 5 licence is for skilled workers who want to be used on a short-lived basis. Tier 5 licences are split into the subsequent sub categories: Tier 5 Creative and Sporting – to figure as a sportsperson (up to 1 year), entertainer or artist (up to 2 years) Tier 5 Charity Worker – for unpaid workers (up to 1 year) Tier 5 Religious Worker – for those doing preaching, pastoral and non-pastoral work (2 years) Tier 5 Government Authorised Exchange – work experience (1 year), research projects or training, eg practical medical or scientific training (2 years) to enable a short-term exchange of data Tier 5 International Agreement – where the worker is coming to try to to employment which is roofed by law of nations, e.g., employees of overseas governments Sponsor Licence Renewal After the initial granting of a Sponsor Licence, the licence is going to be considered valid for a period of 4 years after which it must be renewed. Failure to renew a Sponsor Licence results in an inability to use your non-EU workers, and can end in strict penalties and fines if an unlicensed employer continues to use these workers. At The Smartmove2UK, we've experience with Sponsor Licence renewals, and are available to help you with this process.
Understand how the new UK points-based system of UK Skilled Worker Visa works.
Understanding how the new UK points-based immigration system work In early 2019 the United Kingdom government announced the new Points-Based Immigration System, within the words of the house Secretary it's a system which will attract the brightest and therefore the best from round the globe, boosting the economy and our communities, and unleash this country’s full potential. So, what's the new points-based system? As of 1 Jan 2021, the United Kingdom government will end free movement of the EU nationals, European Union (EU) citizens are going to be treated an equivalent way as those from the remainder of the planet. At The SmartMove2UK, we understand each and each customer’s individual need and requirements and that we respond accordingly thereto. you'll contact our UK Immigration experts for any information or guidance on the new trained worker visa. What implications does this have for the skilled workers? Under the new system which is straightforward, effective and versatile, the EU also as non – EU citizens are going to be treated equally. Points are going to be assigned on the idea of specific skills, qualifications, salaries and therefore the area of experience or profession. Those who will gain enough points are going to be rewarded a visa. There will be no cap or upper limit on the amount of individuals who can qualify for the visa under this scheme. Before the necessity for extension, the skilled workers visa is going to be valid for up to 5 years. People who show exceptional promise or talent within the fields of science, engineering, humanities, medicine, arts and culture are going to be eligible to use for the worldwide Talent Visa. Understanding the points system: To qualify for this visa, migrants are going to be required to attain 60 points. – This consists of 20 points offered for possessing a legitimate and qualifying certificate of sponsorship from your employer – Acquiring 20 points for having been offered the acceptable salary – Acquiring 20 points for having been job at the acceptable skill level Know more about ‘UK Tier 2 Intra Company Transfer Visa Entry Clearance Essentials‘ The post-Brexit world won't be an equivalent as before. We at The SmartMove2UK skills important the journey of Immigration for an applicant is. We also acknowledge the very fact that the changing systems with frequent new amendments aren't easy to stay a track of also as very difficult to know for you. We highly recommend that you contact us for any individual advice or consultation and make your immigration application process smooth, fast and efficient. Call us on +91 98191 27002 or email us at info@smi.legal to know more about Skilled Worker visa.