Friday, February 26, 2016

How to submit Absconding Case at Immigration or Ministry of Labour


We are receiving messages regarding to absconding case in United Arab Emirates, so we decided to write the necessary things for our fans.
Can we Report Abscond Case in UAE?
Yes you can, send the required documents to Immigration and Ministry of Labours to remove Abscond case.
How should I apply and what are the requirements?
Documents that required are given below.
1.     Personal file (print out) from Immigration desk along with 120 AED fee.
2.     Passport Copy.
3.     Original E-Signature Card of the Authorized Signatory.
4.     Labour Card Copy.
5.     Labour Establishment Card Copy.
6.      Date of Abscond should be written on paper.
7.     Application fee for Tasheel Should be pay at tasheel center.
Please follow these steps for submitting the documents.
1.     Go to any Tasheel center and type an electronic abscond application.
2.     Wait 24 hours for Online Approval.
3.     Collect approval (print out) from same tasheel Center.
4.     Submit approval at immigration department along with immigration establishment card copy and Trade License copy.
5.     Pay immigration fee that worth 340 AED for Dubai Visa. (Check the fees for other emirates of UAE at immigration desk).
Note: Payment at Tasheel Center only pays through E-Dirham Card.
Is E-Dirham card available at Tasheel Center?
No, you have to buy this card from any branch of National Bank of ABU DHABI or AFAQ ISLAMIC FINANCE Company. Take your Passport Copy along with Emirates ID card copy for E-Dirham card.

What will happen in case of fake abscond report?
In case of fake report in immigration an employer or owner of the company where abscond person works should pay Penalty that worth 10,000 AED, company file will be banned from further transactions, Companies of the owners and all other businesses will be blocked unless he pays 10,000 AED to immigration and the category of the same company will automatically change to C.
What will happen if Employer or Employee cancels the absconding process?
There are two conditions either it is cancelling by an employer or employee.
If it cancelled by employer he or she must give the proof that there was an error in absconding file or documents.
For example:  Name wrongly declared or employee was imprisoned or was hospitalized.If cancelled by employee he or she should prove his presence at Duty/work. 
Can we apply for absconding case if we are not in UAE?
No, Abscond reporting is not allowed for those who are out from UNITED ARAB EMIRATES because of personal file that will be asked on Immigration desk before applying. A person should be available in UAE to apply. If employee leaves the country without applying he/she will be banned by immigration for 1 year.

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Disclaimer:
Please be Advised that this article is based on our experience and may vary depending on the situation. it is always best to Contact MOL, (Ministry of Labour), Immigration Department, HR Department  or Free zone Authorities depending upon your Employment Contracts.
All information on this blog is an record of Person's experience and only serves as a Guide for awareness and not to be used as a reference in legal cases.

Overstay/Grace Period Fine and Details

Visit/Tourist Visa ApplicantsIf you are looking for a job in U.A.E and you got your Visit visa for 30 days, entered Dubai or any other Emirates of Uae visiting here and there to find a job and at last you are lucky, you receive a call for confirmation of visa process.
So, it’s time to go out from Country to start your Visa Process. If in any situation or in any case you are unable to go out from U.A.E you will be charged Over Stay fine and these days will be called Grace period for you.
What is the Penalty per/day and how this system work?
After Finishing Visit/Tourist Visa Era, Government of Dubai Provide you 30 days for over stay. Within 30 days (Grace Period) you have to travel out from UAE or any emirates of UAE to Kish, Oman, Kuwait or your home country for exit stamp on your passport. Penalty on visit visa is more than residence visa applicants. You have to Pay 200 AED for the first day and then 100 AED will be charged from you for each consecutive day and this fine should be paid at Airport or at immigration desk before leaving the country. Point to be noted that if you reserved a return flight you have to extend and reschedule it till upcoming date.

Residence/Employment Visa: Suppose you are working in Dubai or any emirates of U.A.E and your visa Contract already finish or you are Looking for another job and luckily you got a new job, now it’s time to cancel your current visa and go out from country to receive your new visa but in any case you are not capable to go out from UAE and your cancellation already submitted in MOL what are the rules you need to follow?
According to Immigration rules you are allowed only 30 days stay after cancelling your visa to complete your remaining work for new visa, however after the expiry of Grace Period, they will subject fine only, it will not become any criminal, ban or blacklist case. Fine for the first day will be 120 AED and then 25 AED will be charged for each consecutive day.
Point to be noted that this fine should be pay after completing grace period of 30 days at immigration at the time of renewal.

What will happen if someone stays more than 30 Days?
As per Government of United Arab Emirates and Immigration Law a person who didn’t leave the country after his/her Grace period his name will be shortlisted in Blacklist, he/she will be face immigration ban and should pay100 AED per Day if stays more than 1 year.

What is the Grace Period and fine for Children?
The fine and Overstay period is same for Children, Wife or anyone else who overstayed in any Emirates of UAE.




Disclaimer:
Please be Advised that this article is based on our experience and may vary depending on the situation. it is always best to Contact MOL, (Ministry of Labour), Immigration Department, HR Department  or Free zone Authorities depending upon your Employment Contracts.
All information on this blog is an record of Person's experience and only serves as a Guide for awareness and not to be used as a reference in legal cases.

Types and Reasons of UAE bans


What is Ban?
Ban is a legal mechanism that prevents employee or residents from re-entering the same country or a person who served ban is will be unable to work or live in specific Country.

Types of Ban in United Arab Emirates:
There are Two Types of Ban in United Arab Emirates.
1.      Immigration Ban
2.      Labour Ban, Employment Ban or Work permit Ban

Immigration Ban

What is Immigration Ban?
All countries except UAE and GCC nationals need permission for the Government of UAE (Ministry of Immigration) to enter in UAE or any part of UAE, as each Emirate of UAE has their own Immigration section with different rules and regulations.
So, if you are denied to enter in UAE you should know you have Immigration ban from Government of UAE.
  
Reason of Immigration Ban:
There are numerous reasons of immigration bans in UAE but we will discuss the most important and popular cause of bans in Emirates.
You will be banned or you cannot enter UAE or any emirate of UAE if you have Immigration Ban due to any Criminal offences, Illegal Visa entry or exit, Fake passports entry and exits, Weapons or ammunition, Drugs, Bounced cheques, Murder case, Serious Abusing case with UAE Citizens, inappropriate relationship, theft, rape, violence, Breaking serious Rules and regulation of UAE Government, or any other crimes.

How to Remove Immigration Ban?
The mostly asked question is how to remove immigration ban, is there any way or any e-services provided from government of UAE or from Ministry of Immigration? The answer will be a big NO.
You will face immigration ban till the time you are cleared by Ministry of Immigration or you have served your Sentence.

What is Labour Ban?
Leaving a job without any reason, breaking terms and condition of Labour Contract or Started another job before finishing the first contract will cause Labour ban on you.

How many types of Labour ban?
Labour ban also known as Employment ban or work permit ban and there are two types of Labour Ban.
1.      6 months Labour ban
2.      1 year Labour ban

What is the Reason of 6 Months Labour ban?
Every Employee of UAE will be banned automatically by Ministry of Labour (MOL) if you leave a current company (job) without any solid reason, and the duration of this ban will be 6 Months. You will not allow entering again to any emirate of UAE until you cleared the ban status.

Can I travel to UAE on Visit Visa if I have 6 months ban?
Yes there is no restriction by Government or Ministry of Labours for you to enter any Emirates of United Arab Emirates on Tourist or Visit Visa.

How to Remove 6 Months Labour Ban?
Is there any way to Remove 6 months ban inside UAE?
How to remove 6 months ban?
How to remove labour ban without leaving country?
How to apply for another visa if you have labour ban for 6 months?
Internet and social sites are full of these questions that how to remove ban or is there any E-services provided for Labours by Government of UAE the answer will be big YES.
You can remove your 6 months ban without Leaving Uae by finding a job in any Free zone of United Arab Emirates or Any Government Job but you have to mention qualification above high school with 5000 AED monthly Salary, Diploma holders with 7000 AED monthly salary and Bachelor’s degree holders with 12000 monthly salary in new Agreement.

What is the Reason of 1 Year Labour ban?
Losing a case in any emirates of UAE against your employer (Company), leaving a Government Job before completing your Limited labour Contract or Violation of Terms and Conditions of your Labour Contract will put 1 year ban on you and you will not allowed to visit UAE until you finish 1 year Labour ban.

Lucky Employee who will not face Labour Ban?
Is there anyone in UAE who will not face Labour Ban? Yes below mention employees may not have a Labour ban:

1.Citizens of UAE will not have immigration and Labour ban.
2.Joining an Oil company.
3.Employees who are Changing job within same free zones.
4.Employees who are joining Government or Semi-Government Organizations.
5. Employees who have completed their Limited term contracts.
6.Employees who have completed 3 years of Service under Unlimited term contract.

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Disclaimer:
Please be Advised that this article is based on our experience and may vary depending on the situation. it is always best to Contact MOL, (Ministry of Labour), Immigration Department, HR Department  or Free zone Authorities depending upon your Employment Contracts.
All information on this blog is an record of Person's experience and only serves as a Guide for awareness and not to be used as a reference in 

Thursday, February 25, 2016

UAE to implement 5 per cent VAT from January 2018


100 food items, education and healthcare to be exempted from value added tax
Obaid Humaid Al Tayer, Minister of State for Financial Affairs
Published: 16:12 February 24, 2016
By Babu Das Augustine, Banking Editor
Dubai: The UAE will implement value added tax (VAT) at the rate of five per cent from January 1, 2018, said Obaid Humaid Al Tayer, UAE Minister of State for Financial Affairs.
The minister was speaking to reporters after a joint press conference on Wednesday with Christine Lagarde, Managing Director of the International Monetary Fund (IMF), in Dubai.
GCC countries have recently agreed that they will introduce VAT at a rate of five per cent in 2018. The framework agreement on the implementation of VAT across the GCC is expected in June this year.
“Once the framework agreement on implementation of VAT is reached, GCC countries have time from January 1, 2018 to January 1, 2019 to implement VAT,” said Al Tayer.
The minister said each country has the flexibility to introduce VAT within this time frame. “A lot of ground work needs to be done before implementing VAT. The private sector will need time to prepare for complying with tax rules that is the reason we are giving enough time for all,” said Al Tayer.

The UAE will impose five per cent VAT while exempting 100 food items, healthcare and education. In the first year, the country is expected to generate Dh12 billion from tax revenue.
GCC countries have decided to implement taxation as part of governments’ efforts to diversify revenues in the context of sharp decline in oil prices.
The IMF has been recommending fiscal consolidation in the GCC through diversification of government revenues and reduction of subsidies.
Lagarde, who came to the UAE to participate in Arab Fiscal Forum held in Abu Dhabi earlier this week, said the region needs to adjust its fiscal affair to the new reality of low oil price.
Introduction of taxation in a region that is used to subsidies and absence of any tax require lots of preparation. “It is time people are made to understand that public services need to be priced. Options are limited for governments. Either a viable pricing mechanism needs be implemented to fund public services or governments can resort to big borrowings, which is not sustainable in the long term,” said Lagarde.
The IMF official said indirect taxation in the form of VAT in low single digits is the most viable option for GCC states in the first stage of taxation as implementation of direct taxes require a fairly well developed institutional framework.
“Even with a low tax rate of five per cent, with the introduction of VAT, it will not be difficult for GCC states to generate tax revenues up to two per cent to gross domestic product,” said Lagarde.
Compared to VAT, corporate income tax (CIT) is more likely to act as a disincentive to businesses considering investment in the region and more negatively impact GDP growth. A personal income tax presents an obvious challenge to the tax-free branding that has served the region so well in the past.
“Implementation of corporate income tax is not on our immediate agenda. We will study the impact of direct taxation on competitiveness before introducing such taxes,” said Al Tayer.
Commenting on the preparedness of the UAE to deal with the current low oil price environment, Lagarde said the country’s efforts to diversify its economy away from oil and its efforts to develop a knowledge based economy will make it less susceptible to oil price cycles.

UAE online law


Post on social media without consent, get jail, Dh500,000 fine
Major crime in UAE to post someone's photograph according to IT law: Dubai Police
Little do people realise that when they click and post others' images on social media without permission, they are violating UAE law and they can be prosecuted, said Major General Mohammed Al Shareef, Assistant Police Commander for Administration during the launch of a social media awareness campaign. (Supplied)
People posting pictures of others on social media networks without their permission could be jailed for six months and fined up to Dh500,000 under the UAE's IT law.
Many social media users are not aware of such a law, says a senior Dubai Police officer.
"Some people do not know that if they photograph a person and post the picture on social networks or other electronic devices, it becomes a punishable crime according to the UAE law,” Major General Mohammed Al Shareef, Assistant Police Commander for Administration said, after launching a social media awareness campaign.
"This crime involves a jail term of six months and a fine of Dh150,000-500,000. We need the public to know that this is a big crime in the UAE because some people do it for fun without knowing they will be prosecuted.”
Another officer warned parents against allowing children to have their own social media account as they could be victims of blackmail and other threats.
“They should control their children because letting them have their own social network account could make them easy prey to blackmail and other crime,” said Mohammed Abdullah, Director, Decision Support Centre, Dubai Police.
He said many countries enforce certain protocols, curbing the use of social media by children till a specific age in order to protect them from possible threats.