In the UAE, a travel ban is a serious legal measure. It can prevent individuals from leaving the country due to pending civil claims.
This article explains the key aspects of the travel ban civil case uae under Federal Decree-Law No. (42) of 2022.
We will also share how our law firm can assist clients facing such issues in 2025.
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Table of Contents
Travel Ban Civil Case UAE Law
A travel ban in a civil case aims to ensure the debtor remains in the UAE until they settle their debt.
The legal grounds and procedures are clearly outlined in Articles 324 to 327 of the Civil Procedure Code.
When Can a Travel Ban Be Issued?
A creditor may request a travel ban even before filing a main lawsuit if there are serious reasons to fear the debtor might flee and the debt is at least 10,000 dirhams.
Certain debts, like maintenance obligations or work-related commitments, have specific rules.
Conditions for Granting a Travel Ban
For a travel ban to be issued:
- The debt must either be of a known, due amount or
- If uncertain, the judge can estimate a provisional value.
- The creditor must submit written evidence supporting their claim.
- The creditor must provide a financial guarantee to cover potential debtor losses if the claim proves to be unjustified.
For example, if someone owes AED 50,000 backed by a signed loan agreement, the creditor can apply for a travel ban.
How the Court Handles the Travel Ban Request
The judge may:
- Briefly investigate if the documents are insufficient.
- Order the debtor’s passport to be deposited with the court.
- Circulate the travel ban to all UAE exit ports.
If necessary, the debtor can be detained if they refuse to surrender their passport or try to evade restrictions.
How Long Does a Travel Ban Last?
The ban remains until the debtor’s obligation ends. However, the judge can lift it in specific cases, such as:
- If the debt is settled.
- If the creditor withdraws their claim in writing.
- If the debtor offers a sufficient bank guarantee.
- If eight days pass without the creditor filing the lawsuit after the ban order.
- If thirty days pass without enforcing a final judgment.
- If three years pass without further execution steps.
For instance, if a debtor deposits the owed amount with the court treasury, the travel ban can be canceled.
Exceptions and Special Cases
The travel ban procedures do not apply to foreigners facing extradition under criminal cooperation laws.
Additionally, if someone needs to travel urgently for medical reasons (for themselves or a close family member), they may be permitted to leave temporarily, provided they submit official medical documentation.
Learn about Civil Cases for Credit Cards in Dubai.
Legal Services Related to Civil Travel Bans in UAE
Our experienced legal team specializes in all aspects of civil travel bans in the UAE, including:
- Applying for Travel Bans: We assist creditors in preparing strong applications, supported by the necessary documents and guarantees.
- Challenging Travel Ban Orders: If a client has been unjustly banned from traveling, we file appeals and grievances swiftly and effectively.
- Negotiating Settlements: We negotiate between debtors and creditors to lift the ban through mutual agreements or guarantees.
- Representation in Court: We represent clients during brief investigations and full hearings before the competent judges.
- Filing Urgent Applications: In case of medical emergencies, we help draft and submit urgent travel requests to the court.
- Execution and Enforcement Support: We ensure that execution procedures are completed properly if a judgment is obtained.
- Defending Against Detention Orders: We act quickly to prevent or contest detention orders issued against debtors.
Find more services from expert Civil Lawyers in Dubai.
FAQs about Travel Bans in UAE Civil Cases
In conclusion, a travel ban civil case UAE is a potent tool for creditors but involves strict legal procedures.
Whether you are a creditor seeking to secure your rights or a debtor facing restrictions, professional legal advice is crucial.
Our law firm stands ready to protect your interests and guide you through the process smoothly and efficiently.
Contact our law firm in UAE for expert help. Click the Whatsapp icon below.
A law graduate and legal writer focusing on UAE law, he became known for his ability to clarify complex legal concepts through his writings. His work simplifies the intricacies of the legal landscape in the Emirates, helping both locals and expatriates navigate their legal concerns.
