What Key Factors Should Be Considered When Checking Legal Status & Travel Bans Before Travelling from the UAE?

Considerations When Checking Legal Status & Travel Bans Before Travelling from the UAE?

Before leaving the UAE, it is important to make sure that there are no legal obstacles, such as travel bans or fines, that could cause you to be detained. Travel bans may be imposed due to legal issues in the UAE, such as unpaid debts, bounced cheques, or ongoing legal disputes. This article discusses travel ban laws, especially when they relate to debtors, bounced cheques, and how to request or challenge a ban. Before addressing any travel ban issues, it’s wise to consult with Dubai criminal lawyers who can assess whether a legal restriction is in place due to pending charges or debts.

The legal process of bounced cheques is primarily regulated by the UAE Commercial Transactions Law (Federal Decree-Law No. 50 of 2022) and the Civil Procedure Law (Federal Decree-Law No. 42 of 2022).

Article 630 of the Commercial Transactions Law states that the drawer is prohibited from issuing a cheque without adequate funds in the account.  Furthermore, Article 667 allows the drawee to take legal action if a cheque is returned with a notice of inadequate funds, resulting in a writ of execution. The dishonoured cheque holder may initiate compulsory execution under the UAE Civil Procedures Law, Federal Decree-Law No. 42 of 2022. The aforementioned law specifies the steps for imposing travel restrictions on individuals engaged in debt cases or legal conflicts. For instance, creditors can ban a debtor from leaving the country if they default.

The Civil Procedure Law may allow the individual to seek a travel ban under particular criteria, which is as outlined under Article 324. unless it relates to alimony or employment related obligations, the debt must be a minimum of AED 10,000 The debt has to be recognized, payable, and not conditioned by restrictions. However the debt amount is unknown, the court may estimate the debt temporarily. In the event that the travel ban is deemed unfair, the creditor is obligated to provide evidence of the debt and may be required to submit a guarantee to pay any potential damages that may be incurred by the debtor. The creditor must submit written evidence to the competent judge in order to support their claim, it should mention suspicions that the debtor may attempt to flee the country. Additionally, the court may conduct additional investigations if the submitted documents are inadequate. A travel ban order can be issued and sent to all exit ports in the UAE if the court determines that the debtor’s passport must be held in court while the case is being reviewed. Complex cases involving bounced cheques and debt-related travel bans are best handled by professionals from the top law firms in UAE with proven experiences.

According to Article 325 of Federal Decree-Law No. 42/2022, a travel ban may remain in effect until the debtor’s obligations are satisfied. On the other hand, the travel ban may be either lifted or challenged. However, the law stipulates some requirements that must be satisfied before the ban can be lifted or challenged, and these requirements are as follows:

• The travel ban may be revoked if any of the fundamental conditions are deemed to be insufficient.
• In order to remove the travel ban, the creditor may need to provide written consent.
• The debtor has the option of providing a bank guarantee or surety that is considered acceptable by the court.
• The court may accept a surety or bank guarantee from the debtor.
• The ban can be revoked if the debtor deposits the same amount as the debt at the court treasury.
• If the creditor does not initiate the execution of a final judgment within thirty days or fails to file a debt action within eight days, these provisions may be challenged.
• In the event that the creditor fails to seek judgment enforcement after three years of absence in the case, the ban may be lifted.

Ignoring a restriction on travel could lead to significant fines. The travel ban will be enforced by enforcement authorities in the event that the debtor makes an attempt to leave the country or violates the travel ban. It prevents the debtor from leaving from UAE. Seeking assistance from experienced legal consultants in UAE can help ensure that all necessary steps are taken to challenge or lift a travel ban legally and efficiently.