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Abu Dhabi, UAETuesday 20 November 2018

UAE legal Q&As: If you are deported, there might be a way to return

Can a person enter the UAE legally again after being deported?

Q: If a person had been deported by Abu Dhabi, what can be done to enter the country legally again? Would I also be able to travel via Dubai?

A: There are three types of deportation in the UAE. They are immigration and passports deportation; labour deportation; criminal deportation. For the first, we have to address the General Directorate of Residence and Foreigners Affairs to know the reason for the deportation and see if there is any possibility that an agreement can be reached. For the second, we have to address the Ministry of Labour to pay fines, if there are any, and to issue a new labour permit. For the third, we have to ask the judge or the public prosecutor for permission to enter the UAE via Dubai if the deportation was from Dubai, or we have to address the Ministry of Interior in Abu Dhabi, if the deportation was issued in that emirate. In both cases, you could enter the country after a legal settlement made in accordance with UAE law. However, if that settlement was refused there is no possibility of returning to the UAE.

Q: Will I be prosecuted if I order alcoholic beverages to my residence from an emirate other than where my alcohol licence was issued? My licence was issued in Dubai but I would like to order alcoholic beverages to the emirate of Sharjah, where I am organising a social event.

A: Alcohol consumption, possession and transportation are not permitted in the emirate of Sharjah, and violators are legally prosecuted under Article 313 of the Penal Code, which stipulates that “subject to conditions allowed for non-Muslims, anyone who drinks alcohol shall be sentenced to detention for not less than one month and not more than six months and a fine of not less than Dh1,000 and not more than Dh2,000 or either penalty”.

Q: Does an employer have the right to cancel the visa of an employee and prevent him from working in the country if he finds out that the employee is involved in a bounced cheque case brought before the police or a court?

A: Article 120 of the Labour Code states that “an employer may dismiss a worker without notice in any of the following circumstances: if the worker adopts a false identity or nationality or submits forged certificate or documents; if the worker is sentenced finally by a competent court for an offence involving honour, honesty or public morals; if the worker is found in a state of drunkenness or under the influence of a drug during working hours; if, while working, the worker assaults the employer, the responsible manager or any of his work mates.” Issuing a bounced cheque is not listed among these crimes so the employer may not fire the employee on account of that.

If you have a question for Mr Al Bahar, please email it to newsdesk@thenational.ae with the subject line “Know the law”.

newsdesk@thenational.ae