How to deal with a court case in the United Arab Emirates when your residence visa is about to expire
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Can proceedings be attended virtually via audio or video?
Ask: I have a civil case in a Dubai court, but my residency is about to expire. What option do I have to continue staying in the country to continue with the case?
Answer: As per your queries, it is assumed that you, as a plaintiff, have filed a civil case before the Dubai Court against an individual. He is also currently supposed to be representing himself before the Dubai Court in the said civil case. Therefore, the provisions of Federal Decree Law No. 42 of 2022 on the Promulgation of the Civil Procedure Law and Federal Decree Law No. 29 of 2021 on Entry and Residence of Foreigners are applicable.
In the UAE, if a person files a civil case, he or his representative or lawyer must attend all court hearings. In the event that a person (plaintiff) filing a case does not attend the hearing, either personally or through his or her attorney, the civil case filed by such person (plaintiff) may be dismissed by the court. . This is in accordance with Article 53(2) of the UAE Civil Procedure LawWhat states,
“The Court will issue a ruling to dismiss the case if the plaintiff does not attend a session and the defendant appears, unless the defendant requests the Court to issue a ruling in the case.”
If a person (plaintiff) is unable to attend court hearings in person, he or she may appoint an attorney-in-fact to represent him or her in court in the applicable civil case. This is in accordance with Article 58 of the UAE Civil Procedure LawWhat states,
“1. The court will accept from the parties whoever they designate as attorney-in-fact in accordance with the law.
The attorney-in-fact must prove the designation of his or her principal’s attorney-in-fact through an official document.
The power may be made by means of a declaration that appears in the minutes of the session.”
Additionally, in the UAE, individuals or entities can appear in court remotely (online – audio video conferencing) in cases filed by or against them. This is in accordance with Article 328 of the UAE Civil Procedure LawWhat states,
“The use of remote communication technology in civil procedures will be understood as the use of audiovisual communication means between two or more parties in order to achieve the appearance and exchange of documents remotely, including the registration of the lawsuit, the procedures of declaration, trial and execution carried out. through this technology.”
Based on the above legal provisions, if your UAE residence visa is about to expire, you can renew it or obtain a new UAE residence visa and continue to attend court hearings in person or virtually related to the filed civil case for you. However, if you are unable to renew your UAE residence visa and have to travel outside the UAE after the cancellation of your current residence visa, you can attend the court hearing virtually from your home country or from any other country. .
In case the court requires your physical presence in the civil case filed by you, you may be required to travel to the UAE on a visit visa to attend the court hearings. Alternatively, you may also consider granting power of attorney to a person or lawyer in the UAE to represent you and appear on their behalf in the civil case filed by you.
If you continue to reside in the UAE upon the expiration of your UAE residence visa, you may have to bear penalties for each day of overstay after completing the grace period to reside in the UAE. This is in accordance with Article 11 of the UAE Immigration LawWhat states,
“Any Foreigner whose visa or residence permit has been canceled or whose residence has expired with the expiration of the period of the visa or residence permit, and does not start the renewal – in cases where this is admissible – or if he did not abandon the country. State within the deadlines determined by the Executive Regulations of this Decree-Law, an administrative fine will be imposed for each day that you reside illegally in the State from the date of expiration of said deadlines, and the value of this fine will be will be determined by decision of the Council of Ministers.”
News Source: Khaleej Times
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