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Understand what the law says about residence procedures in such situations.
Question: I am a divorced person working in the UAE. My two children are currently in my home country with their father. What is the procedure for sponsoring a visa for my child? Can my ex-husband set up any legal barriers to prevent me from bringing my children here? We have verbally agreed that they will come here, but if he changes his mind, can he create obstacles? Please advise.
Reply: Based on your inquiry, we assume that you have custody of your children, your ex-husband has visitation rights, and this is also mentioned in the divorce judgment of your country/district court.
A divorced single woman is eligible to apply to sponsor her child in the UAE, provided that she meets the requirements. She should hold a valid employment residence visa in the UAE, and her salary must be Dh3,500 and the accommodation provided by the employer or Dh4,000 without accommodation.
In addition, she needs to have the following documents:
>> A child’s birth certificate issued by the Ministry of Foreign Affairs or equivalent education certificates issued by the Ministry of Foreign Affairs or the UAE Embassy/Consulate in the home country and the UAE Ministry of Foreign Affairs It is recommended to translate the certified child/child’s birth certificate into Arabic. Legal translation needs to be certified by the UAE Ministry of Justice.
>> A copy of the lease contract registered in the UAE.
>> If the applicant’s female is not a nurse, doctor, engineer or teacher, she must provide the original bank statement of the last three months, stamped by the bank, and used to record the applicant’s female salary.
>> The divorce judgment confirms the woman’s custody of the child. The same should be legalized. After that, the UAE Ministry of Foreign Affairs should also prove this. If the divorce verdict is in a language other than Arabic, it needs to be legally translated and certified by the UAE Ministry of Justice. Women who apply are required to pay related fees and deposits to the General Administration of Residency and Foreign Affairs.
In addition, in addition to the above requirements, it is recommended that you obtain a NOC from your ex-husband, stating that he agrees to sponsor your children in the UAE to ensure safety. If your ex-husband disagrees, he may apply for a travel ban for the child.
Please also read:
>> UAE Golden Visa: In addition to businessmen and investors, who else can apply
However, matters related to restrictions on children’s travel depend on the laws of your country.
Therefore, if your husband changes his mind, you can contact the competent court in your home country and get an order that allows you to guarantee your children’s right to reside outside your home country and allow them to go anywhere with you.
If you need further advice on this matter, you can get detailed legal advice from legal advisers in the UAE and your country/region.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, the UK and India. For complete details of his company, please visit: www.amalawyers.com. Readers can email questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.
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