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Court Case Decisions

Last activity 17 November 2023 by stanleyb

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ydnar21

Hi bro's & Sis,


Eid mubarak to all... Good morning, Hope that everything is well for all today! Apologies for early question because it's emergency! I really need help so badly! How the court or in public prosecution investigate the case? We file case before with the guy who cheated on us. Our case that we file all documented of course should be English and Arabic right! in our documents we did not saying anything that she working with that guy! What is written about that guy have credit to us only! nothing is mention that she's been work with him and asking for salary, we don't know from where that statement coming from. And we have a court case with the same complaint and we win already. LMRA file case to my wife that she is working for 1 month with that guy which is we didn't say or mention in our documents that we file. And on January 2023 our visa is about to expired then they told us the same that she have case. But when I show them the proof that nothing is mentioned in the documents that we file they allow us to renew our visa! We thought that they already removed the offence because we're been renewed. So I let my wife travel out bahrain last month. Then last night 1am she arrived at the airport then suddenly police Airport hold her inside the airlines we wait until 4am then they get the case from the court decision with the same issue that she's been work before. They bring her in jail right now and because of Eid she cannot go out for full eid holiday. And she have Operation in the hospital last week. I dont know what to do and who can help us for our problem why LMRA doing this my wife not doing anything wrong she did not even working for 3years my heart breaks when they are taking her with her hands chained seems like she kill someone the way they taking her. She did not deserve this. Hope someone can give advice what I should do to let my wife out in the jail. I'm begging you guys help us. Thank you so much appreciate your response.

roshadel05

That is awful 😢... Anyone who could help this guy? Be strong, Sir. You need that...

leh95

I am sorry for your trouble. Be strong for your  wife and hopefully  this can be resolved.


Most of the knowledgeable  members  here seem busy during  eid. Hopefully one of them can message back with some good advise.


It seems the issue from what you said is your wife was working without a work permit?  You need to explain more clearly  the offense they claim she committed.

XTang

Honestly, I am unable to understand the facts of the case.


Simple questions:


1) Forget the court documents. Did your wife ever work for this guy? i.e. she physically was at the workplace doing tasks?

2) What was your case about i.e. what did this guy owe you money for? and who did he owe the money to? you or your wife?  I am asking as I do not understand why she would be part of the case filed against him to begin with

3) Who is the sponsor for your and your wife's visa currently?

4) What documents have been exchanged in the past between you and this guy before you filed a case?  list every single document

5) What was the EXACT case that you filed against this guy and for what?


What it seems like is the guy has filed a case with LMRA stating that your wife was working with him without a visa and provided some proof of the same. Don't equate it to visa renewal..........they allowed renewal but the offence would still have been there.


What you need to do is to get a lawyer. The problem is that it is Eid holidays right now and courts are in recess. Depending on who your sponsor is, they may be able to get her out (surrendering passport) on personal cognizance on a temporary basis.


Edit:

I just noticed now that you asked a similar question back in February 2023.

https://www.expat.com/forum/viewtopic.p … 60#5609173


Now it's starting to become clear and let me be direct and tell you - you are not giving the whole story in this post and you didn't give the whole story back in Feb 2023 even. If you had, I would have told you something simple which I did mention (in an overall way while telling you to consult a lawyer as you might be at risk), which was:


if she starts working with him physically, without a visa and YOU file a case against him for recovery of dues to the overstay for not providing an employment visa or even visa fees paid to him - you in fact end up ADMITTING that she had STARTED to work for him OR PAID for a visa and continued working until such date when he told her that he can't provide a visa (she should NEVER even have started work without a visa). This is why it does not matter what documents you gave the court..........you would win the civil case but open yourself up to penalties on criminal side. And that is what seems to have happened. Honestly, if you read my tone back then, I did hint that this was a stupid case to file especially since your wife was on a dependent visa.


Even at that time, from what you asked, I told you that the whole thing sounds illegal or strange i.e. buying a visa. You then said, no it's not buying a visa but the fact that the guy is willing to give an employment visa and you have signed a contract for your wife. Read what I said at the end i.e. "That's why I said to show a lawyer. Because the way I understand it, your case is only solid if there was a signed contract and then visa wasn't provided. Otherwise it could lead to a counter case against you." 


Your story, as I wrote earlier, has a LOT of holes and is full of emotions which I understand. But what you need to understand is that in a case like this, facts matter and not emotions.  Even back in Feb, I answered you multiple times but you did not tell me anything clearly. if you had, I would have told you that you will find yourself in the exact situation. Even if you didn't tell me clearly, you should have immediately gotten a lawyer as I told you to.


The authorities are only concerned with finding out whether a breach of law took place or not.  So I would suggest that you openly and honestly answer the questions I have listed above if you want more specific advice. Understand that right now, your wife faces time in jail followed by deportation and a lifetime ban from ever entering Bahrain so try and take this seriously by doing what I have been telling you to do from the very beginning. Get a lawyer ASAP.

ydnar21

@XTang

Hi Bro xtang, and to my fellow expats,


I will tell you the story now i give money to the document Clearance which is the guy I mentioned to pay my wife penalties for overstaying the same guy have business pet shop so he offer us after the penalties has paid he will let my wife work with him and transfer her visa to work permit but my wife did not work with him even 1 day because I know the law here in bahrain I'm working here for years now. Then he did not pay my wife penalties and transfer her visa for 6month of waiting so we file case to the police station hoora at first im the one who file case against him because my wife Doesn't heve visa on that time but nothing happened to the case that I file then try to file case again with the same guy and we did not even tell to the police that she is working with him after my wife file case even she dont have visa we just try to file then nothing happened on last November I pay all the penalties and transfer her visa under dependent visa under my company and on last January we are about to renew our visa suddenly the LMRA find that there is offence against her so we cannot renew our visa then I go to inspection department to explain the issue they give me case number the case number is the same case number that we file before in the police station i explain to inspection dept that we the one who file case no one file case against my wife then I bring all the documents and the court case that we file before and the case documents that we file to the police station after that LMRA allow us to renew our visa so I thought the offence is done already then on last March 20,2023 I let my wife go for vacation I called LMRA I called the police station to clarify if she can go and comeback without any problem they said no problem your wife can go and comeback in the police station we Close the case already so it will not shown again to their system then when my wife came back from vacation last week April 20, 2023 they catch her from the airport police and bring to hoora police station they said that there is court decision from Feb 27, 2023 how my wife go out in bahrain on March 20 if there is case then how the court decision made if we did not receive any hearing or letter from them? We are confuse what we should do and they let me go home and they will bring my wife to isa town ladies jail. From 1am that she came until 8am she is there so I'm hopeless already then luckily on 9am my wife called me on her mobile one of the police review her case and they found out that there is mistake in the case so they let my wife out removed her handcuffs and all and told us that we just need to pay 100bd to finished this issue. We just go back again yesterday to the police station to the lady who help my wife and they go to public prosecution and they want. My wife to appeal on the decision of the court all i want is to removed her case in the system even i will pay now there is another hearing on May 16, 2023 I ask lawyer about this and he told me not to bring my wife in the hearing why they are going to bring my wife to jail until the case is not finished? I need your advice please thank you so much for all the concern.🙏🏻🙏🏻🙏🏻

XTang

It does seem that the guy you filed a case against, also filed one against you for "paying" him for a visa.  Anyway if all it takes is 100 BD to close the case - go for it.  And it seems that the case is still pending and will not be closed until it goes through the appeal process.

ydnar21

@XTang


Hi bro, hope all is well! Yes I don't know why the police let us appeal all i want is to close the case even i will pay because im not with my wife and the police on that time that they go to the public prosecution they directly decided to appeal with out asking us i dont know if its good for us or not. When I ask lawyer he said that don't Bring your wife to the hearing? Why? Is there possibility to put my wife in jail until the case is not done? Lawyer did not answer me so I don't know what should I do and the police told us my wife should go there to the court hearing or else the catch my wife and bring to jail. I'm so confused. What I'm thinking bro to go to LMRA and confront them because they are the one who complain and I clear this problem already on last January 30 only before I renew our visa i explain to them the situation and they allow us to renew our visa. And bro the guy I'm talking about he escape already in bahrain before the court decisions released and didn't come back again here in bahrain. He did not complain my wife the LMRA was

XTang

Listen to your lawyer.  Yes, there is a chance that she can be detained at the hearing.

ydnar21

@XTang


What if i will try to go to LMRA and explain again what happened maybe they will consider it and close the case? Same before we renew our visa i explain to them and they listen to my story and let us renewed our visa?

XTang

You can try but a case that has been filed in a court, has to go through the process unless it is withdrawn.   And cases that go to public prosecution, can only be dropped by them, not LMRA.

deenshaarif

@ydnar21 did you have any lawyer in bahrain

stanleyb

A lady was working in a company and the company was in a process to apply the visa. In that month the Lmra had caught her and put violation on the company and the he lady cpr. The company cleared the violation by paying the fines but the lady she has a violation on the cpr. The lady blames the company for the problem and she wants to file a Court case against the company. Can a lady file a court case against the company even though she does not have a visa.

logicalindian

Not very clear, LMRA cannot put a case if the visa is in process, you don't have the complete information. Either the visa was not applied at all or her visa was expired. Now you need to find out the status of the visa, if the visa is expired along with grace period of 30days shes illegally staying, she needs to clear her dues at NPRA and exit the country at the earliest. Coming back to Bahrain will be highly doubtful if she has been illegally staying (expired visa).

stanleyb

Her visa is not in process. Actually the company was had applied for a ceiling visa extra available of visa so that the company can get one visa extra and that visa can be applied for the lady. The lady had only extension visa. The previous company had cancelled her visa and and she was on extension visa for a month. Which Lmra had come and put violation on the cpr. Now the her extension period is over but and she cannot apply under her husband dependent visa neither work visa. Can the lady file a court case against the company.

logicalindian

She has to exit the country if her visa is expired, she cannot file at case at this moment. Also make sure she visits NPRA to clear the fines if any else there may be issues at the airport

XTang

Simple, she was working illegally.  She can't file a court case against the company as the law is very clear i.e. working without a visa is an issue for both the employee and the company.

stanleyb

Thanks appreciate your feedback

stanleyb

@logicalindian

Thanks appreciate your feedback

stanleyb

@XTang

Thanks appreciate your feedback

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