Sunday , September 20 2020

Do I have to provide ‘no dues’ while leaving UAE?

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Question: Should I provide proof of no dues from government service providers like Etisalat, DEWA, etc., if I am leaving the country after cancelling my residence visa?

Answer: You do not require to provide any kind of No Liability certificate, clearance or no dues certificate from any government department or service providers like DEWA, Etisalat or banks, etc., after cancellation of residence visa, unless these departments file a complaint or case against you. If they file a case asking for their dues, then might you will be stopped at the airport to account for the outstanding liability.

The law stipulates in the 1st article of the Evidence Law in Civil and Commercial Transactions that clearance is the original principal and that preoccupation is opposed. This means that the plaintiff must prove his right, and the defendant must deny it. A judge may not rule with his personal knowledge. This is assured and decided by the Supreme Court that the plaintiff, according to what is required by the first article of the Evidence Law in Civil and Commercial Articles, has the burden of proving the veracity of what he claims, whether he is a plaintiff originally in the lawsuit or a plaintiff on him in it, and that whoever claims an apparent dispute has the burden of proving it.

If you wish to apply for immigration resident visa for countries like UK, USA, Canada, for example, they might ask you to provide a NOC (No Objection Certificate) or Police Clearance certificate from UAE. You can get police clearance certificate now online via Dubai Police app or website. If you have any case against you with the police or courts, you first need to clear the case/s and only then can you obtain the police clearance certificate. But if you wish to cancel your residence visa earlier or upon maturity, whether you are on employment, sponsor or husband visa, then you do not require such an NOC.

Bouncec Cheque

Question: I have bounced cheques worth Dh5,000,000. Three months ago, I filed a complaint against the cheque owner at the police station. Two months ago, it was forwarded to the criminal court which issued a six-month jail term verdict for the cheque owner. At the time of the judgment, the cheque owner did not attend court. I subsequently came to know that he was caught and put in jail to serve the six months. I went to Dubai Court to inquire about my money but I came to know that the cheque owner did not pay up the amount owed to me. I have been advised by the court to file a civil case to claim the due amount. Two weeks ago, I filed a civil case to claim the amount. Do I need to prove my case in civil court too or will the court pass judgment in my favour? Will the court force the counter party to pay the court fee in case the judgment is in my favour and in case I provide the civil court with a criminal judgment against the cheque owner? Please advise.

Answer: I would like to clarify to the questioner that the criminal court, which passed judgment against the cheque owner, provided him with an option: to pay up the cheque amounts. It means that the court will give him a chance to resolve the matter amicably and pay up the cheque amounts otherwise he will go to jail. This is the only procedure that shall be applied by the criminal court as per the law. The issuer of the cheque did not pay the amounts and for that reason, he went to jail. Therefore, the questioner shall file a civil case to claim the cheque amounts. I would advise the questioner that the conviction of the criminal court does not necessarily mean that the cheque owner would be convicted by the civil court.

Therefore, the questioner shall provide the civil court with documents and all evidences in order to claim the amounts. Finally, the questioner has the right to claim the court fee in addition to a profit that will be decided by the same court and to be paid by the counter party in case the judgment is in the favour of the questioner.

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