Parents’ legal mess in UAE put children in trouble

October 30, 2013 | By hromedia | Reply More

Oct 30, Abu Dhabi: Thirteen-year-old Cherry’s residency visa expired four months ago. If she does not submit a copy of her renewed visa to her school by November, she would not be promoted to the next grade, or worse, expelled from school.

The Indian teenager is facing an uncertain academic future for no fault of hers. Her father Anirudh Chandran who is her sponsor in the UAE, is accused in a financial crime and is fighting a legal battle since the start of 2012.

As an accused, Chandran’s passport is in the custody of Dubai courts, and he is blacklisted pending a court verdict. In effect, this means he cannot renew his or his dependents’ residency permits.

“I am afraid my daughter will have to discontinue her studies from next year for no fault of hers. There is so much pressure from the school to submit documents before the November deadline, but we feel helpless,” Chandran told XPRESS.

Like Cherry, there are scores of expat children who face a bleak future as their sponsor/father remain embroiled in long legal battles in the UAE.

Take the case of Anand Jaishnav, 42, an Indian businessman accused by his former business partner of embezzling Dh15 million. The case has been going on since the end of 2011 in Abu Dhabi.

Jaishnav told XPRESS he is confident of winning the legal battle as he claims his partner dragged him into a false case after he sold his shares to the partner before parting ways.

But it is his two children, aged eight and 13, who have to bear the brunt of the long legal tussle.

“My son’s visa expired in November 2011. When he got admission in a Dubai school this April, they told us we can submit renewed visa copies later and my son stared going to school. Now we are getting constant reminders to submit copies of the renewed visa and Emirates identity card,” said Jaishnav.

But there is precious little Jaishnav can do. His passport is in court and his visa has already expired an year ago. Without a valid visa and a travel ban on him, he cannot renew his family’s visa.

“I have a paper from the court that states my passport in in their custody as a condition for bail. I have spoken to the school, but I do not know what I can do to ensure my kids go to school,’ said the businessman.

According to the legal experts, UAE laws deem it necessary that any person accused of criminal charges, including murder, armed robbery, forgery, fraud, embezzlement, among others, are immediately blacklisted till they are cleared of all charges.

Legal speak

Ahmad Jaber, legal consultant at Al Noor Advocates and Legal Consultancy said while some cases will be disposed off within a few months, others especially those involving financial fraud, can take up to two years.

“The accused can obtain a letter from court stating his/her passport is in the custody of court. This should help their dependents renew visas. But if the case is more complex, then it could be difficult,” said Jaber.

Schools in the UAE are required to submit updated copies of passport, visa and Emirates Identity card of their students to relevant education authorities in their emirate. Students cannot be registered with the Abu Dhabi Education Council (ADEC) in Abu Dhabi or the Knowledge and Human Development Authority (KHDA) in Dubai without valid documents.

Many schools don’t allow students to sit for exams, and ultimately they are chucked out.

Schools on their part say there are procedures to follow, wherein every year by mid-November, they have to submit updated documents of their students to relevant education authorities.

“Without these documents, a child cannot be registered with the KHDA. And if they are not registered, that means they do not exist in the system, and are not part of the school community,” said Tim Waley, principal of Uptown Mirdiff School in Dubai.

He said that though students will not be chucked out of school immediately on account of supporting documents, they will not be allowed to sit for assessment exams or get promoted to the next grade.

“We try to give maximum leniency to parents who have problems submitting the required documents. We set deadlines for them and we do particularly send reminders. But finally a line has to be drawn,” said Waley.

Press journalist for HRO media – contributed to this report.