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A quick question about tenancy contract and sponsoring spouse

A quick question about tenancy contract and sponsoring spouse

Old May 27th 2014, 8:50 am
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Default A quick question about tenancy contract and sponsoring spouse

Hello,

Having been a silent browser for a while on this forum, I have realized there are a lot of knowledgeable peeps on this site so therefore I've decided to post a couple of questions regarding my situation which I am hoping you could advise me on.

I work in Abu Dhabi and live in Dubai my British Passport has the Abu Dhabi Residence Visa. My two kids (British Passport holders) are also under my sponsorship.

However, my wife (Egyptian), has a Dubai Residence visa in her Egyptian Passport (from her employer). We live in Dubai, the tenancy contract for the flat we are living in Dubai is also under her name but the rental cheques are provided by me since I am the one who gets the housing allowance. The Landlord has accepted cheques from me for the last 4 years we have lived there to date.

Since my wife's contract has ended, her visa will be cancelled therefore. My wife will return back to UK August 2014 for about 8 months with the kids. She intends to return after 8 months under my sponsorship.

My understanding is that the rental contract must be under my name in order for me to sponsor the spouse and children back into the UAE? I may be wrong - if anyone can advise me on this....

I have therefore spoken to the landlord and mentioned that since they accept the cheques from under my name, they should also mention my name to the rental contract i.e cheque "payment by "myname"" and leave my wife name as the main tenant.

The landlord has refused and has said that I should cancel the existing contract and renew under my name with a rental amount of the current market rate (currently I am paying 40 % less than current market rate) and we are protected by the Dubai rental caps. So its obvious they are making excuses.

This means that without a rental contract under my name or at least mentioning my name somewhere - will I be able to sponsor my wife and kids back into the UAE in 8 months time ?

The tenancy contract will need to stay in my wife name, will immigration allow me to sponsor my wife and kids if I show them our marriage certificate, and copies of rental cheques under my name even if the tenancy contract will be under my wifes name who I intend to sponsor? Is there a way round this...

Your replies would be greatly appreciated.

PS... Since 2010, every year I have been taking the landlord to Rental Committee Court because of their illegal rent hikes (they were not complying with RERA regulations) I have won every case, and have had to pay court fees so it is obvious they literally hate me and want me out.

Your responses will be greatly appreciated.

SM.
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Old May 27th 2014, 9:28 am
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hmmmm...nice
 
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Default Re: A quick question about tenancy contract and sponsoring spouse

if you are the sponsor, the tenancy contract should be in your personal name, or it can be in your company name, and then it has to mention you as the occupant and it will have to mention your wife/family as well...
the only way to find out if immigration will accept you sponsoring them with the 'evidence' you have, is to go to immigration and ask, as this would be a case to case type of situation where no one can predict the outcome (although my prediction is that they won't accept it).

The landlord is right in saying that if the new contract is going to be in your name, he can ask for the current market rate, as it will be viewed as a new contract, not a renewal (even if you have been paying the rent and have been living in that same property), if you contact rera they will tell you that you have no rights in this situation.
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Old May 27th 2014, 9:46 am
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Angry Re: A quick question about tenancy contract and sponsoring spouse

Thank for your reply.

I suppose, while my wife is here, we should visit immigration check with them. If the answer is No then I will have to pay double rental!

I hope they are understanding in situations like this.

SM
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Old May 27th 2014, 11:23 am
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Default Re: A quick question about tenancy contract and sponsoring spouse

Originally Posted by AbuDhabiGuy
Hello,

Having been a silent browser for a while on this forum, I have realized there are a lot of knowledgeable peeps on this site so therefore I've decided to post a couple of questions regarding my situation which I am hoping you could advise me on.

I work in Abu Dhabi and live in Dubai my British Passport has the Abu Dhabi Residence Visa. My two kids (British Passport holders) are also under my sponsorship.

However, my wife (Egyptian), has a Dubai Residence visa in her Egyptian Passport (from her employer). We live in Dubai, the tenancy contract for the flat we are living in Dubai is also under her name but the rental cheques are provided by me since I am the one who gets the housing allowance. The Landlord has accepted cheques from me for the last 4 years we have lived there to date.

Since my wife's contract has ended, her visa will be cancelled therefore. My wife will return back to UK August 2014 for about 8 months with the kids. She intends to return after 8 months under my sponsorship.

My understanding is that the rental contract must be under my name in order for me to sponsor the spouse and children back into the UAE? I may be wrong - if anyone can advise me on this....

I have therefore spoken to the landlord and mentioned that since they accept the cheques from under my name, they should also mention my name to the rental contract i.e cheque "payment by "myname"" and leave my wife name as the main tenant.

The landlord has refused and has said that I should cancel the existing contract and renew under my name with a rental amount of the current market rate (currently I am paying 40 % less than current market rate) and we are protected by the Dubai rental caps. So its obvious they are making excuses.

This means that without a rental contract under my name or at least mentioning my name somewhere - will I be able to sponsor my wife and kids back into the UAE in 8 months time ?

The tenancy contract will need to stay in my wife name, will immigration allow me to sponsor my wife and kids if I show them our marriage certificate, and copies of rental cheques under my name even if the tenancy contract will be under my wifes name who I intend to sponsor? Is there a way round this...

Your replies would be greatly appreciated.

PS... Since 2010, every year I have been taking the landlord to Rental Committee Court because of their illegal rent hikes (they were not complying with RERA regulations) I have won every case, and have had to pay court fees so it is obvious they literally hate me and want me out.

Your responses will be greatly appreciated.

SM.
if you change the contract name etc then they can treat you as a new tenant and so charge you the market rate always has been that way. as long as you dont change anything you are fine.
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Old May 27th 2014, 11:24 am
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Default Re: A quick question about tenancy contract and sponsoring spouse

Originally Posted by AbuDhabiGuy
Thank for your reply.

I suppose, while my wife is here, we should visit immigration check with them. If the answer is No then I will have to pay double rental!

I hope they are understanding in situations like this.

SM
as long as you are not out of the country for more than 6 months then the visa is not cancelled, can you not just do that?
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Old May 27th 2014, 11:25 am
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Default Re: A quick question about tenancy contract and sponsoring spouse

or maybe as they will not be living with you go and live in al ghadeer or somewhere where its much cheaper anyways
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Old May 27th 2014, 11:55 am
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Default Re: A quick question about tenancy contract and sponsoring spouse

Originally Posted by busybee2
as long as you are not out of the country for more than 6 months then the visa is not cancelled, can you not just do that?
The wife residence visa will be cancelled by her employer before she leaves for UK, and she has to go for 8 months at least due to one of my child having an operation.
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Old May 27th 2014, 4:00 pm
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Default Re: A quick question about tenancy contract and sponsoring spouse

Originally Posted by AbuDhabiGuy
The wife residence visa will be cancelled by her employer before she leaves for UK, and she has to go for 8 months at least due to one of my child having an operation.
having an operation on the nhs? isnt that going to cost you as a non resident?

so then the only option is to move because you want to change the contract to a different name, and its always been the law that if thats the case they can treat as a new contract and charge market rates etc etc.
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Old Jun 1st 2014, 6:31 am
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Default Re: A quick question about tenancy contract and sponsoring spouse

Originally Posted by busybee2
having an operation on the nhs? isnt that going to cost you as a non resident?

so then the only option is to move because you want to change the contract to a different name, and its always been the law that if thats the case they can treat as a new contract and charge market rates etc etc.
Yes we will have to pay, we have had several opinions here in UAE from 3 different specialists and all are saying different things, so best to go to NHS and pay them as its regulated and we trust them more with their treatment options.

It seems I will have to treat as a new contract and pay todays market rate upon renewal! Lets see... My wife will try and negotiate with her employer if she can get some unpaid leave leaving her visa open.....
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