UAE Civil court Verdicts can be Executed in India

Pavan Kapoor, Indian Ambassador to UAE

The long arm of the law will no longer take a long time to catch loan defaulters and other civil case convicts in the UAE who have fled to India.

India on January 18th 2020 issued a gazette notification declaring the UAE as a "reciprocating territory" for the Code of Civil Procedure and identifying the superior courts here, thereby facilitating the execution of UAE civil court orders through Indian courts.

Pavan Kapoor, Indian Ambassador to the UAE, confirmed that the notification implies that the civil and commercial court orders from the UAE courts identified as "superior" can now be executed through the district courts in India.

The Indian Ministry of Law and Justice on January 18 published the notification, dated January 17, in the official gazette.

“In exercise of the powers conferred by Explanation 1 to section 44A of the Code of Civil Procedure, 1908 (5 of 1908), the Central Government hereby declares the United Arab Emirates to be a reciprocating territory for the purposes of the said section and the following Courts in the United Arab Emirates to be superior Courts of that territory,” the notification reads.

It also lists the federal and local courts in various emirates in the UAE that have been identified as the superior courts.

Kapoor said the new notification was the only remaining part of a 1999 agreement between the UAE and India related to cooperation in civil and commercial matters.

Reciprocating territory

The UAE had given effect to the treaty by publishing it in the Federal Gazette pursuant to Federal Decree No. 33 of 2000, according to a 2018 Guidance Note signed by DIFC with Nishith Desai Associates, covering enforcement of civil and commercial judgments through DIFC Courts and the Courts of India.

It said though the ratification of the agreement was exchanged in 2000, the treaty could not be fully implemented as the UAE could not be defined as a “reciprocating territory” for the execution of UAE judgments in India without India’s notification in its Official Gazette to give effect to the treaty.

The envoy observed that the missing element of the treaty — designating the courts — had now been added.

“My understanding is that this was the only thing left. Now, that has finally happened. The court order from the UAE now should be executed through the Indian courts.”

Kapoor confirmed that the move would help in the enforcement of civil and commercial court verdicts in financial cases such as loan defaults, bounced cheques as well as verdicts in divorce cases.

A game-changer in financial cases

The move will be a game-changer in the execution of civil verdicts in financial cases.

“This will be a big warning to those who flee to India after taking huge loans from banks. Earlier, most of the banks and individuals found it difficult to recover their money if the accused had fled to India.

"Now, they can approach the district courts in India directly seeking execution of the UAE court orders after due process of attestation of documents.”

No new suit to be filed

Since the UAE was not in the list of reciprocating territory, he said, there was a long procedure for executing a court verdict from here in India.

“It entailed applying for a certified copy of the judgment from the UAE, filing a civil lawsuit again in India, getting a fresh judgement and then filing the execution application. This consumes a lot of time and expenses.”

“Now a new suit will not have to be filed. This will be very helpful for the petitioners of many financial disputes in the UAE if the other party is in India,” 

 “It is an opportunity for petitioners to get a decree of the UAE executed in India in all civil cases, including divorce cases. Decree holders in matters particularly related to financial recoveries can now execute their orders through a much simpler process. The matter will no longer be reexamined on merits. This step strengthens the bilateral judicial relationship between the UAE and India.”

List of UAE courts whose verdicts can be executed in India

•     Federal Supreme Court
•     Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah.
•     Abu Dhabi Judicial Department
•     Dubai Courts
•     Ras Al Khaimah Judicial Department
•     Courts of Abu Dhabi Global Markets
•     Courts of Dubai International Financial Centre

UAE announces New Family Sponsorship Rule for Expats

Now any resident in the country earning Dh4,000 without accommodation or Dh3,000 with company-provided accommodation can sponsor his family in the UAE, the Federal Authority for Identity and Emiratisation announced.

The decision permits a foreigner who is residing in the country, whether male or female, to bring family members (spouse and children under the age of 18 or unmarried daughters) to stay in the UAE, provided the family income (husband and wife) or one of them is Dh3,000 with company provided accommodation, or Dh4,000 without housing conditions, the authority explained.

The authority launched its services in line with the Council of Ministers’ Decision No. 30 of 2019.

The UAE Cabinet had earlier adopted a decision to amend provisions of the resolution on sponsoring of foreign workers to their families in the country.

According to an earlier statement by the General Secretariat of the Cabinet, the amended provisions indicate “income” as a requirement for sponsoring family members, as opposed to the previously listed “professions” which allowed workers to sponsor their families.

The amendment is in line with international developments and accordance with best practices, it added.

“The decision aims at enhancing family stability of foreign workers and social cohesion, as well as attracting highly skilled workers while maintaining a healthy balance between professional and personal life,” the statement continued.

Now any resident in the country earning Dh4,000 without accommodation or Dh3,000 with company-provided accommodation can sponsor his family in the UAE, the Federal Authority for Identity and Emiratisation announced.

The decision permits a foreigner who is residing in the country, whether male or female, to bring family members (spouse and children under the age of 18 or unmarried daughters) to stay in the UAE, provided the family income (husband and wife) or one of them is Dh3,000 with company provided accommodation, or Dh4,000 without housing conditions, the authority explained.

The authority launched its services in line with the Council of Ministers’ Decision No. 30 of 2019.

The UAE Cabinet had earlier adopted a decision to amend provisions of the resolution on sponsoring of foreign workers to their families in the country.

According to an earlier statement by the General Secretariat of the Cabinet, the amended provisions indicate “income” as a requirement for sponsoring family members, as opposed to the previously listed “professions” which allowed workers to sponsor their families.

The amendment is in line with international developments and accordance with best practices, it added.

“The decision aims at enhancing family stability of foreign workers and social cohesion, as well as attracting highly skilled workers while maintaining a healthy balance between professional and personal life,” the statement continued.

UAE Govt announced Long-term visa cost

Long-term UAE residency visas with 10-year validity, which were rolled out earlier this year, can now be obtained for as low as Dh1,150 while the five-year-visa will cost only Dh650, the UAE government announced.

According to eligibility criteria announced earlier, investors in public investment or senior professionals working with the investors, as well as exceptional talents and researchers in various domains, qualify for the 10-year visas.

Investors and professionals falling in the approved categories can apply to issue or renew the 10-year visa for Dh1,150 (Dh150 for the application and Dh1,000 for issuance). Family members of the applicants can also avail 10 years’ visas at the same cost.

Five-year visa

Meanwhile, the authorities also announced the cost of five-year visas, which will be issued for D650 (Dh150 for application and Dh500 for issuance).

Those eligible for five-year visas include investors in real estate, entrepreneurs, executive directors of entrepreneurs and retired expatriate professionals as well as their family members. Top achievers among students with exceptional talents and their family members can also get the five-year visas at Dh650.

Children sponsored by their parents after completing 18 years or after finishing high school or university can apply for a one-year renewable visa at Dh100.

Widows and divorced women and their children can also extend their one-year residency visas for Dh100. These two categories will be charged Dh100 for the issuance of the visa while no application cost will be charged.

The authorities also announced fee details for single and multi-entry visas for exceptional talents and researchers in various sectors. Both single and multi-entry visas valid for 180 days will cost Dh1,100 (Dh100 for the application and Dh1000 for issuance).

Long-term UAE Residency visas for Expatriates in Five new Job categories

Maj Gen Saeed Rakan Al Rashedi (left) briefs the media

The long-term residency visas for expatriates from five select categories has come into force, permitting them to stay in the UAE for up to 10 years, a top official of the Federal Authority for Identity and Citizenship announced in the capital 2^nd May 2019.

Announcing details at a media briefing at the General Identity Directorate in Khalifa City of Abu Dhabi, Major-General Saeed Rakan Al Rashedi, Director-General for Foreigners Affairs and Ports, said, “Today we announce the launch of new services in the field of residency, implementing the UAE Cabinet Decision No. 56 for the year 2018. It grants long-term stay in the country to investors, real estate investors, entrepreneurs, talented people like doctors, researchers, innovators and outstanding students.”

“The UAE leadership makes all-out efforts for the development of the country, provides a peaceful living for all and facilitates residency visas to residents and expatriates from different walks of life and professional backgrounds who wish to stay in the country,” he said.

Applicants under all these five categories — including outstanding students — will be granted a renewable residency visa and will be permitted to sponsor their spouses and children.

The visa benefits for the spouse and children is to ensure a cohesive family and social structure and to create a stimulating environment for stability and growth, officials said.

These categories include general investors who will be granted a 10-year visa, real estate investors, who can get a visa for five years, along with entrepreneurs and talented professionals such as doctors, researchers and innovators 10 years.

The fifth category — outstanding students — will also be permitted residency visas for five years. All categories of visas can be renewed upon expiry.

Expats can apply under investors category, once they qualify during their stay.

Maj Gen Al Rashedi said the measures will attract highly skilled expats and investors from around the world to make the UAE a centre for knowledge and global investment. The decision aims to maintain the position of the UAE as an optimal business environment.

New long-term visa categories

Investors - 10 Year Visa

Conditions:

• Public investment via deposit or company (not less than Dh10 million)
• Non-real estate investments shouldn’t be less than 60 per cent of total investments
• An investor should hold full ownership – not loan. Or he can prove that he reserves rights of investments for three years as a minimum.
• The asset should not be encumbered by claims that impair the appropriateness of the financial value of Dh10 million

Benefits:

1.  10-year visa is renewable
2. Possibilities of having partnered with a condition that each partner should invest Dh10 million
3. Visa for spouse and children for 10 years
4. 10-year visa for one executive director and one advisor
5. Six-month validity entry visa with permits for multiple travels

Real Estate Investors - 5 Year Visa

Conditions: 

• Total investment in real estate should not be less than Dh5 million
• An investor should hold full ownership – not loan. Or he can prove that he reserves rights of investments for three years as a minimum
• The financial asset should not be encumbered by claims that impair the appropriateness of the financial value

Benefits:

1.  Five-year renewable residency visa
2. Five-year visa for spouse and children
3. Five-year visa for one executive director and one advisor
4. Six-month validity entry visa with permits for multiple travels

 Entrepreneurs - 5 Year Visa

 Conditions:

•  Owning a project with a value of not less than Dh500,000 with accreditation certificates from the government
• Benefits:
• Five-year visa, which can be upgraded to investors visa
• Five-year visa for spouse and children
• Six-month validity entry visa with permits for multiple travels. This also can be extended for another six months
• Five-year visa for three executive directors.

 Researchers/ Scientists, Doctors, Innovators - 10 Year Visa

 Conditions:

 Existence of a valid work contract and with specialisation in fields that are prioritised in the country

 Benefits:

1. 10-year renewable visa
2. 10-year visa for spouse and children

Outstanding Students - 5 Year Visa

Conditions:

 The student should have at least 95 per cent in secondary school with a distinction of 3.75 GPA upon graduation from any university

Benefits:

1. Five-year renewable visa
2. Five-year renewable visa for his family

Image Credit: Courtesy: Federal Authority for Identity and Citizenship