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#Best Law Firms In Dubai
proconsultadvocates · 6 months
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Responsibilities Best Lawyer in Dubai Play
If you’re experiencing family issue, legal advices become a must have thing. A licensed lawyer deals with innumerable family law matters, which are often complex, having high stakes and multi-jurisdictional angle, with utmost ease, care and professionalism.
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othman-advocates01 · 10 months
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Best Law Firms And Legal Consultants in Dubai | Othman Advocates
Othman Advocates Lawyers and legal consultants are One of the best law firms in Dubai. We provide the best legal services in Dubai. Contact us today. If you are looking for best law firms in Dubai, you can contact Othman Advocates.
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adglegal · 11 months
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Unveiling the Importance of Labour Lawyers in Dubai
Labour laws play a vital role in ensuring fair and just treatment for employees in any given workplace. In Dubai, where the workforce is highly diverse and multinational, it becomes crucial for employees to have access to legal support and guidance when dealing with employment-related issues. This is where labour lawyers in Dubai come into the picture. In this blog, we will delve into the significance of labour lawyers and how they can help employees navigate through complex labour laws in the UAE.
Expertise in UAE Labour Laws: Labour lawyers in Dubai possess in-depth knowledge and understanding of the UAE's labour laws, regulations, and legal procedures. They are well-versed in the Federal Labour Law, which governs employment relationships in the country. This expertise allows them to provide accurate advice and guidance to employees, ensuring their rights are protected.
Contracts and Negotiations: Labour lawyers play a crucial role in reviewing employment contracts, ensuring that they comply with the local labour laws and protect the interests of the employee. They can help negotiate fair terms and conditions, ensuring that employees are aware of their rights and obligations before signing any agreement. In case of disputes related to contracts, labour lawyers can represent employees during negotiations to reach a favorable outcome.
Resolving Workplace Disputes: Workplace disputes can arise in various forms, such as unfair termination, non-payment of wages, discrimination, harassment, or breach of employment contracts. Labour lawyers act as advocates for employees, representing their interests and ensuring that their rights are protected. They can initiate legal proceedings, negotiate settlements, and provide legal representation during mediation or arbitration processes.
Ensuring Compliance: Labour laws in Dubai impose certain obligations on employers, such as providing a safe working environment, timely payment of wages, and adherence to working hours and leave entitlements. Labour lawyers can help employees ensure that their employers comply with these obligations. In case of any violations, lawyers can take appropriate legal action to hold the employer accountable.
Redundancy and Termination: When facing redundancy or termination, employees often feel vulnerable and unsure about their rights and entitlements. Labour lawyers can guide employees through the process, ensuring that proper procedures are followed and employees receive fair compensation. They can also evaluate the grounds for termination and advise employees on the appropriate course of action.
Conclusion: Labour lawyers in Dubai are essential for safeguarding the rights of employees in the dynamic and diverse workforce of the city. They provide legal support, guidance, and representation to employees, ensuring their interests are protected in accordance with the UAE's labour laws. Whether it is reviewing contracts, resolving disputes, or navigating through complex legal procedures, labour lawyers play a crucial role in promoting fairness and justice in the workplace. If you find yourself facing any employment-related issues, it is advisable to seek the assistance of a knowledgeable and experienced labour lawyer to ensure your rights are upheld.
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elplegal · 1 year
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Startup Lawyer Dubai - Need legal guidance for your startup in Dubai? Economic Law Partners LLC, a trusted firm, offers expert counsel and support as experienced startup lawyers in Dubai, ensuring compliance, protection, and growth for your entrepreneurial venture. Contact us for tailored legal solutions today!
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nourattorneys · 2 years
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Wills for Non-Muslim Foreigners in the UAE
The United Arab Emirates follows Sharia Law regarding personal status and inheritance. Property is the one of the important parts in wills property lawyers in Dubai will help you to understand that. By the law, the courts of the UAE abide by the provisions of Sharia when there is no will. For example, if a person dies and leaves no will, the UAE courts will distribute their assets and appoint guardians according to Sharia principles. However, according to Sharia principles, sometimes distribution unexpectedly affects non-Muslim foreigners.
Section (4) of the regulations of the UAE Personal Status Law, articles (240) to (272), and the most significant provisions thereof state that the will shall be enforceable within the limits of one-third of the testator's assets after the execution of the rights over it, and will be worth more than the third within the limits of the heirs who accepted it.
In addition, the legislator stated in Article (1/2) of the UAE Personal Status Law No. 28/2005 that:
The provisions of this Law apply to UAE nationals unless non-Muslims have particular rules relating to their religion and sect. Furthermore, such provisions will apply to non-nationals unless they insist on following its laws.
It is legally agreed that there will be no will for the heir unless approved by the heirs of legal age. Therefore, lawyers in dubai will advise to court the endowed funds are transferred to the legatee after the testator's death, unless the testator specifies other conditions, for example (to be transferred to the legatee at a later date after the testator's death).
In addition, according to the provisions of article (272) on the mandatory will of someone who dies, or is presumed dead by a court ruling, and has a son or daughter who died before or with the testator; the grandchildren will have the right to testament for the third part of the inheritance within the limits and conditions of this.
The need for non-Muslim foreigners to write their wills:
As previously stated, the foundation is the application of the requirements of the UAE Personal Status Law to all UAE nationals and foreign residents. However, suppose foreigners follow the application of their law. In that case, this law should be applied in this situation, provided that a legally authenticated copy of it is supplied, even if its provisions are not by Islamic Sharia, and provided that the parties to the dispute are non-nationals and non-Muslims.
Concerning the applicability of foreign law in the United Arab Emirates regarding the will, if it included or contained property owned by a testator within the United Arab Emirates, the legislator of the United Arab Emirates made an absolute prohibition in this regard and decided that the applicable law in such a case shall be UAE law only. Based on the above, distribution according to Sharia principles sometimes has surprising and unexpected effects on non-Muslim foreigners. Looking for law firms in dubai? The legal firms in Dubai can help with most of the legal services. Talk to the property lawyers in dubai now.
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hasib51ahmed · 2 years
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Corporate Lawyer | Rental Disputes Lawyers | Court Lawyers in Dubai
Hikmat Fayad is one of the Best law firm with high-quality experts . We're specialized Corporate lawyer, Court lawyers in dubai, Rental disputes lawyers with great affordable prices. Contact Us!
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Mediation and Conciliation in Civil and Commercial Disputes: A New Horizon
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With the launch of the Mediation Rules by the Dubai International Arbitration Centre effective from 01 October 2023, the UAE has introduced a significant piece of legislation at the federal level, consolidating Mediation and Conciliation specifically in Civil and Commercial Disputes viz. Federal Decree Law №40 of 2023 (the “Decree-Law”) which will come into effect on 29 December 2023, thereby repealing Federal Law №6 of 2021 on Mediation in Civil and Commercial Disputes which regulated both the judicial and non-judicial Mediation; and Federal Law №17 of 2016, as amended by Federal Law №5 of 2021, which governs Conciliation and regulates the establishment of court-annexed Conciliation and Mediation centres for civil and commercial disputes; ushering in a new era for alternative dispute resolution (“ADR”) in the UAE.
By nature, the concept of Mediation and Conciliation is profoundly embedded in Arabic culture and Sharia law, as such, the Decree-Law is a welcome step equally for parties and lawyers alike to progress ADR in the UAE. This move aligns with the UAE’s commitment to signing the Singapore Convention on Mediation, announced in March 2022.
Overview
At the outset, Mediation may be conducted in all civil and commercial disputes capable of settlement without conflicting with the existing laws or the public order and morals prevailing in the UAE, without prejudice to the provisions of the local laws that regulate Mediation. This is in accordance with Article 8 of the Decree-Law, while Article 27 of the Decree-Law states about the exclusive competency of Mediation and Conciliation Centre (the “Centre”) to conciliate civil and commercial disputes (i) whose value does not exceed five million (5,000,000) dirhams; and (ii) between spouses or relatives up to the fourth degree, regardless of their value. The adversaries may agree to resort to the Centre for Conciliation of civil and commercial disputes whose value exceeds five million (5,000,000) dirhams, whether before a case is filed or while it is being heard.
That said, as outlined in Article 28 of the Decree-Law, certain disputes do not fall within the jurisdiction of the Centre viz. (i) urgent and interim orders and cases; (ii) cases to which the government is a party, (iii) rental cases heard before special rental dispute committees, (iv) labor cases, personal status cases; and (vi) any other cases decided to be heard before a Centre, committee or other entity of similar jurisdiction.
Establishment of Centres
The Federal Judicial Council (the “Council”) or the chairman of the local judicial authority may establish one or more Centre(s) for Mediation and Conciliation within the territorial jurisdiction of the first-instance courts; and shall issue pertinent regulations to govern the work and operations of the Centre(s). There is also scope for establishing special Centre(s) for Mediation and branches of foreign Mediation Centre(s); with court or the local judicial authority having supervisory authority on its working and formulating the general policies.
Remote Mediation and Conciliation Platform
Article 4 of the Decree-Law empowers the Mediators and Conciliators to conduct Mediation and Conciliation meetings through electronic means and remote communication, subject to regulations and procedures issued by the Minister of Justice, based on the approval of the Council or the chairman of the local judicial authority.
Mediators and Conciliators Accreditation Processes
The Federal Judicial Inspection Department or the local judicial authority shall maintain a roster for registering Mediators from amongst those registered in the experts’ schedule at the Ministry of Justice or with the local judicial authorities, and the expert Mediators named by a decision of the Council or the chairman of the local judicial authority. Normally they shall be selected from amongst retired members of the judiciary, lawyers registered in the schedules of practicing and non-practicing lawyers. Qualification includes practice of the profession for a period of not less than five (5) years prior to their registration in the non-practicing lawyers’ schedule, and other highly qualified experts and international experts in the legal and business fields, who are known for their expertise, integrity and impartiality. Furthermore, Article 15 of the Decree-Law allows appointment of any natural or legal person, known as Private Mediator, entrusted by the Parties with the task of Mediation to amicably resolve the dispute between them, and not registered on the Mediators’ Lists.
The appointment of Conciliators follows a procedure similar to employment. The Federal Judiciary or the president of the local judicial authority will establish the qualification for the post of a Conciliator. The Conciliators must take a legal oath before assuming their duties, and shall be subject to a specific compensation scheme.
Confidentiality and Non-disclosure
The documents and information submitted or agreements or concessions made by the parties to the disputes submitted for Mediation or Conciliation (the “Parties”), and Mediation and Conciliation procedures as a whole are treated with utmost confidentiality, as envisaged in Article 5 of the Decree-Law; except with the consent of the Parties, or as required by law. Exception further extents to document(s) prepared by the Mediator or the Conciliator and signed by the Parties, including the Settlement reached to resolve the dispute, in whole or in part, between them; and the documents and instruments necessary for its enforcement. Failure by the Mediator or Conciliator to adhere to the confidentiality and non-disclosure obligations stipulated herein, attracts disciplinary actions according to Article 40 of the Decree-Law, without prejudice to the provisions of civil and criminal liability.
Prohibitions on the Mediator and Conciliator
Article 6 of the Decree-Law prohibits the Mediator and Conciliator from acting as an arbitrator or expert in the dispute, or accepting to be an attorney in a dispute against any of the Parties regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising from it, even after the completion of the Mediation or Conciliation procedures, unless the Parties agree otherwise. Prohibitions further extents to giving testimony against any of the Parties to the dispute regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising therefrom, even after the completion of the Mediation or Conciliation procedures, unless authorized by the concerned party or the Parties agree otherwise, except in cases where the testimony is related to a crime; and in case of acting as a Mediator or Conciliator in a dispute where one of the Parties is a spouse or a relative up to the fourth degree by blood or marriage.
Parallel Mediation and Conciliation Structures
While the previous separate federal laws on Mediation and Conciliation laws are now consolidated, these two parallel structures continue to co-exist under the Decree-Law. Concerning Conciliation, under the court-annexed system, mandatory Conciliation is a prerequisite for specific types of disputes prior to litigation proceedings, and with regards to Mediation, voluntary process that can be initiated either through contractual agreement or by court referral, subject to the Parties mutual consent applies. Here, the chief difference is with the role of the “Mediator” opted by the Parties i.e., while in the Mediation process, the Mediator acts as a facilitator aiding the Parties to arrive at an agreement using the Mediation techniques; however, in the Conciliation process, the Mediator only suggests possible paths to the Parties in order to resolve the dispute. Precisely, both the structures share a common goal, which is amicable resolution of the disputes, whether before, or at the stage of the legal proceedings.
Consensual Mediation
In enforcing the agreement between the Parties made either before or after the occurrence of dispute, with the aim of resorting to Mediation for the Settlement of the dispute (“Mediation Agreement”), the Parties may directly resort to the Center to settle the dispute between them, before filing a lawsuit, as per Article 11 of the Decree-Law. This is Consensual Mediation, the initiation of which interrupts legal and judicial deadlines and only resume upon the completion of the Mediation, unless it is concluded by the Parties signing a Settlement Agreement. The procedures for Consensual Mediation are set out in Article 12 of the Decree-Law. In pursuance of Article 13 of the Decree-Law, the court before which a case is filed regarding a dispute brought before a Mediator in enforcing the Medication Agreement, shall decide suspension of the case until the completion of the Mediation procedures, if the defendant urges therefor before making any request or submission on the merits, unless the court finds that the Mediation Agreement is void or impossible to be enforced. The filing the case shall not however, preclude the initiation or continuation of Consensual Mediation procedures.
Court-Referred Mediation
Court-Referred Mediation occurs by virtue of a referral decision made by the subject-matter court competent to hear the lawsuit (“Competent Court”), at any stage of the case, whether proposed by the court with the Parties’ consent or upon their request. Article 14 (3) stipulates that the referral decisions issued by the Competent Court cannot be appealed by any ordinary or extraordinary means of appeal. Mediation shall end as per Article 21 of the Decree-Law if the Parties (i) sign a Settlement Agreement; (ii) agree to end the Mediation before reaching a Settlement Agreement for any reason; (iii) if one of the Parties informs to the Mediator or the Centre of their wish to participate in or continue Mediation; (iv) if the Mediator notifies the Centre, in writing or electronically, that the Mediation: (a) is futile and that there is no possibility of reaching a resolution to the dispute; (b) has been ended due to the absence of any of the Parties from two consecutive Mediation sessions without excuse; and (v) if the Mediation period expires without being renewed.
In all the above cases, the Mediator shall, upon the end of Mediation, deliver to each party any memoranda and documents they presented, and they may not retain them or copies thereof, and shall send a written or electronic report to the Centre on the result of the Mediation within three (3) working days from the date of ending the Mediation for any reason. The Centre shall notify the Parties and the Competent Court, within three (3) days, of the report and the result of the Mediation.
End of Mediation
Mediation if concluded successfully can end by signing the Settlement Agreement. The ratification process of the Settlement Agreement follows three tiers. i.e., from the Mediator to the Centre and finally to the Court. The Mediator shall submit a report to the Centre along with the Settlement Agreement, which the Centre shall send it to the Court within 3 working days. As a final step, the Court shall ratify the Settlement Agreement and issue a decision to end the dispute, wholly or partially, at a session to be scheduled within seven (7) working days from the date of its receipt of the Settlement Agreement. After its ratification, the agreement shall become a writ of execution and an exequatur shall be affixed thereto upon the request of all Parties or one of them, in light of the terms of the agreement submitted to it, and shall be executed according to the procedures stipulated in the Federal Civil Procedure Law.
That said, the aggrieved party has the rights to object or challenge ratification of the Settlement Agreement, by filing an annulment case before the competent Court. The party seeking annulment shall prove one of the reasons viz. (i) lack of legal capacity of one of the Parties to the Settlement Agreement or diminished capacity at the time of its conclusion, (ii) no Settlement Agreement or if the agreement was void or voidable, or if it was made after the expiry of the Mediation period; or (iii) if one of the Parties was unable to present their defence due to invalid service of process or notification of the Mediation procedures or due to them not having been aware thereof for any other reason beyond their control. Pursuant to Article 24 (2) of the Decree-Law, the judgment issued by the court in the annulment case shall be final and can only be appealed through cassation.
Settlement before the Conciliator
If a settlement is reached between the Parties before the Conciliator, either in whole or in part, this shall be recorded in a minutes signed by the Parties and the Conciliator. These minutes shall be ratified by the Supervising Judge, have the force of a writ of execution and the same binding force of court judgments, and are not subject to appeal by any means of appeal. Upon ratification, the minutes shall be affixed with an exequatur upon the request of all or any of the Parties, free of charge, and shall be executed in accordance with the procedures stipulated in the Federal Civil Procedure Law.
Conclusion
The enactment of the Decree-Law marks a pivotal moment for Mediation and Conciliation in the UAE, offering a unified platform for resolving disputes not just in property and construction disputes but in other Civil and Commercial disputes as well.
Recommendation
Whether you are navigating construction disputes, real estate intricacies, or commercial contracts, having a reliable Dubai Lawyer is crucial in providing comprehensive services across various legal domains. Dubai Lawyers and Dubai Law Firms play a pivotal role in addressing a spectrum of legal needs. Considering the legal landscape in Dubai, individuals and businesses can benefit from the expertise of seasoned Dubai Lawyers.
Our record of representing clients in Mediations and ADR procedures throughout the UAE speaks volume. Thus, we recommend for a comprehensive understanding and implementation of the new legislation, consider consulting the seasoned lawyers at Al Dhaheri International Advocates & Legal Consultants, renowned for their expertise in mediation and alternative dispute resolution throughout the UAE.
                                                                    Written by — Dr. Sherina M. Saji
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advamitsuden · 2 years
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Top 25 Most Trusted Lawyers in Delhi India 2023
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Advocate Amit Suden is one of India’s foremost senior corporate immigration attorneys with 25+ years of experience as one of India’s senior corporate mobility lawyers, Mr. Amit is recognized as an experienced authority on expatriate mobility matters.
"Top 25 Most Trusted Lawyers in Delhi India 2023"
ADVOCATE AMIT SUDEN FIRM SPECIALISING IN EXCELLENT TAILOR-MADE LEGAL SOLUTIONS
Demand for legal services in India is growing exponentially with large infrastructure projects expected to be launched by the Government to combat the economic slowdown with the increasing number of companies in the nation; many Indian companies engaging in cross-border transactions; increasing levels of legal awareness, regulation & compliance. One law firm that has been able to seize these opportunities and add value to its clientele is New Delhi, headquartered Riar Global LLP.
Founded in 2010, Riar Global carries a legacy of quality and integrity and caters to a wide range of legal requirements of a diverse clientele. The firm continuously helps clients get through the maze of complex legislation in a world where globalisation and technology are constantly changing. It is concentrated on providing clients with counsel that would guarantee the most excellent feasible resolution without compromise.
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johnypage95 · 7 days
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hhslawyers · 24 days
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From Debt to Recovery - Dubai's Top Tips for Personal Insolvency Solutions
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uaealqadaae · 1 month
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adglegal · 11 months
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The Role of Advocates in Dubai
In Dubai, advocates are lawyers who are licensed to practice law in the UAE. They play an important role in the legal system, providing legal advice and representation to clients.
Advocates are qualified to practice law in Dubai after completing a law degree from an accredited university and passing the UAE Bar Exam. They must also be admitted to the Dubai Bar Association.
Advocates can provide a wide range of legal services, including:
Drafting and reviewing legal documents: Advocates can help you draft and review legal documents, such as contracts, wills, and trusts.
Advising on legal matters: Advocates can provide you with legal advice on a wide range of matters, such as employment law, family law, and criminal law.
Representing you in court: Advocates can represent you in court if you are involved in a legal dispute.
If you are looking for legal advice or representation in Dubai, an advocate can be a valuable resource. ADG Legal is a leading law firm in UAE with a team of experienced advocates who can help you with all of your legal needs.
Why Choose ADG Legal for Advocate Services?
There are many reasons why you should choose ADG Legal for your advocate services. Here are just a few of the benefits we offer:
Experienced advocates: Our team of advocates has a wealth of experience in the UAE legal system. We understand the complexities of the law and can help you navigate it to achieve your desired outcome.
Personalized service: We understand that every client is different, and we tailor our legal services to meet your specific needs. We will work with you to understand your case and your legal challenges, and we will develop a customized legal strategy that is right for you.
Value-added services: We offer a wide range of value-added services, such as legal research and drafting services. These services can help you save time and money, and they can help you achieve your legal goals more effectively.
Commitment to excellence: We are committed to providing our clients with the best possible legal representation. We are always up-to-date on the latest legal developments, and we are always working to improve our services.
Contact Us
If you are looking for a trusted advocate in Dubai, contact ADG Legal today. We would be happy to discuss your case and to develop a customized legal strategy that is right for you.
Visit our website at www.adglegal.com or call us at +971 4 332 2222.
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elplegal · 1 year
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Employment Lawyers In Dubai
Looking for the best employment lawyers in Dubai? Find out what factors you should consider before making your decision in this comprehensive guide.
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nourattorneys · 2 years
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Why do you need a Second Citizenship?
Second citizenship is a fundamental right of every citizen in the UAE. It is one of the most important rights a citizen has in the UAE and a basic right all citizens have. A legal advisor in Dubai will advise Second citizenship is a fundamental right because it gives you the right to vote, hold public office, and be involved in government.It also gives you the right to work and study, which are all important rights that citizens have in the UAE.
Second citizenship is also essential because it gives you the right to live in the country without leaving your home country. This implies you can live anywhere in the world, including the United States, Canada, and Australia. This means that you can live as an individual without having to leave your family behind.Second citizenship is also important because it gives you the right to vote and hold public office. This means that you can be a member of parliament or a governor or even a president if you are an Emirati citizen.
lawyers in Dubai say Second citizenship also gives you the right to be involved in government and politics. This means you can be involved in all aspects of life such as politics, education, business, etc.
So if you are an Emirati citizen and want to become an Emirati citizen,
The first thing that you need to do is to obtain a Second Citizenship. This legal document allows you to have a second nationality in your own country. This is especially important if you live in the United Arab Emirates (UAE). The UAE has rigorous immigration restrictions, and obtaining second citizenship might be challenging. This is why getting one as soon as possible is important.
So, what exactly does this entail? First, it means you must apply for a Second Citizenship when you arrive in the UAE. Then, you must fill out an application form and submit it to your local government officials. After they get your paperwork and issue your certificate of citizenship, they will issue you with a passport and allow you to travel anywhere in the world without any problems.But what if I don’t have a valid passport? There are other options besides getting another one from the airport or going through immigration officials at the airport. You can also apply for a Second Citizenship once you arrive in the UAE.
Your paperwork and documents will be processed and sent back to your home country after they get everything sorted out with your paperwork. So, if everything goes well, you should be able to get your Second Citizenship without any problems. This is the best way to get a Second Citizenship in the UAE. However, if you want to ensure that everything goes smoothly, you need to contact an immigration lawyer that can assist you with your papers.
These corporate lawyers in Dubai professionals will be able to assist you with any problems or concerns you may have and they will make sure that everything goes smoothly and according to plan. Contact the best legal firms in Dubai to get the best quality legal services in Dubai.
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hasib51ahmed · 2 years
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Litigation Advocate in Dubai | Civil and Commercial Lawyer
Hikmat Fayad is one of the Best law firm with high-quality experts . We're specialized litigation advocate, legal support professional, civil and commercial lawyer with great affordable prices. Contact Us!
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