Uae Immigration Law

U.A.E Immigration Laws and Procedures in Dubai 1

1. INTRODUCTION

For all visitors to the UAE it is useful to grasp a basic understanding of theimmigration laws and regulations for both business and personal purposes. In thesections that follow, we have outlined the immigration requirements newbusinesses will need to fulfill in order to employ staff in the UAE, and the differenttypes of visas and permits which would be useful to foreigners, what they entail, towhom and when they may be useful, and the procedures for obtaining them.

There are several types of visas and permits one may apply for. The type that aperson will need will primarily depend on the individual’s purpose of entry intothe UAE. The procedures for obtaining these are governed by the UAE ImmigrationLaw and the regulations and decrees issued by the Ministry of Interior. As theImmigration Law is a federal one, the procedures will be applicable to all of theEmirates in the Federation. This book will, however, enumerate the procedurestaken only in the emirate of Dubai.

It is worth noting that the immigration requirements change frequently. It istherefore advisable that one ensure that the requirements mentioned in thisbrochure have not been revised.

Each permit or visa has its own requirements and procedures. However, there aregeneral conditions which all applicants must satisfy in order to obtain a visa orpermit regardless of who they are, as listed below:1

• The applicant must hold a passport which is valid for at least the duration of thetime he/she wishes to stay in the UAE, or a document allowing him to enter thecountry and either return to his country of residence or the country where thepassport was issued.2

• The official authorities have approved his entry for the purpose sought.

• The applicant has a foreign or local sponsor who is resident in the UAE.

• The applicant is not banned from entering the UAE.3

• The applicant has not previously been deported from the UAE, unless specialpermission has been obtained for his entry.

1 Article 12 of the Law.

2 The only time an individual’s original passport will need to be submitted to the immigration

authorities is when an application for a residence visa is being made. In all other cases only a copy

of one’s passport is normally required.

3 Anyone who has Israeli visa stamps on their passport will not be allowed to enter the UAE.

2 U.A.E Immigration Laws and Procedures in Dubai

2. VISAS

An entry visa is legally defined under the Law as:

“...a permission to be fixed on the passport or on the travel document of a foreigner whichallows him to enter the territory of the country, accompanied by all persons included in suchpassport or document, unless the visa specifies the names of the beneficiaries of the visa.”

Visas, as opposed to permits, allow entry into the UAE for short or temporaryperiods although some of these periods are renewable. Therefore, those wishing tovisit the UAE will need to apply for one of the visas explained below depending onthe purpose of entry.

2.1 Citizens of GCC States

Following the GCC countries’ Union Agreement, citizens from these countries(Saudi Arabia, the UAE, Qatar, Bahrain, Kuwait and Oman) are exempt fromhaving to obtain a visa to enter each other’s country, and may thus move withoutrestriction to and from GCC states.

2.2 Entry Without a Visa

Vistors from the United Kingdom enjoy the facility of entering the UAE without avisa. The UAE Ministry of Interior announced in 2001 that it will grant citizens of afurther 33 European, American and Far Eastern countries entry into the UAEwithout a visa.

The European countries listed are: France, Italy, Germany, the Netherlands,Belgium, Luxembourg, Switzerland, Austria, Sweden, Norway, Denmark, Portugal,Finland, Malta, Spain, Monoco, Vatican, Iceland, Andorra, San Marin andLichtenstein.

Visitors from the U.S.A., Canada, Australia, New Zealand, Japan, Brunei,Singapore, Malaysia and Hong Kong will also be allowed to enter the UAE withoutfirst obtaining a visit visa.

Visitors from the above countries receive an automatic 60-day visa on arrival in theUAE. The visa can be further extended another 30-days (90 days total) bysubmitting the following to the Visa Section at the Dubai Naturalisation andResidency Department (DNRD) at least 48 hours prior to the visa becomingexpired.

• Original Passport

• Original Visa

• Application Form

• AED 500/-

2.3 Transit Visas

There are two forms of transit visas, the 96-hour transit visa and the entry visa fora mission which is commonly known as simply a transit visa.

2.3.1 96-hour transit visa

The 96-hour transit visa is essentially a visa which is issued at the DubaiInternational Airport (DIA) and allows a foreign passenger (in transit) to enter theUAE for a maximum period of 96 hours at the request of the airline which has flownhim, and the flight conditions oblige the passenger to enter the country. This formof transit visa requires the passenger to hold a valid passport and have a validcontinuing, as opposed to return, air ticket. Only airlines as distinct frombusinesses, may apply for this type of transit visa.

Procedure

To obtain a 96-hour transit visa, the airline carrying the foreign passenger isrequired to submit a list of its transit passengers for whom it assumes responsibilityin accordance with the law. The concerned authority at the airport will then stampthe passenger’s passport and state the period of stay permitted.

2.3.2 Entry Visa for a Mission: 14-Day Transit Visa

This type of visa as the name suggests is issued to those who need to enter thecountry for a commercial mission relating to a licensed company or anestablishment, public or private, operating in the UAE for a total unrenewableperiod of 14 days, commencing on the day following the date of arrival into thecountry.

The 14-day transit visa is therefore useful for those who wish to enter the UAE forbusiness purposes for periods of not more than two weeks. In order to apply for thisvisa on someone’s behalf, the following conditions need to be fulfilled:

(1) The sponsor (the applicant) must be practising a licensed trade activity or be anofficial department in the UAE (and hold a valid transit card as explainedearlier. It should be noted that no business or other legal entity may submit anapplication on someone’s behalf without possessing a transit visa card.)

(2) The applicant falls under one of the following categories:

• Businessman

• Company manager or representative

• Sales manager

• Auditor

• Trade company or establishment’s representative who is delegated to carry outacts related to the trade activity in the UAE

• Engineer, doctor, lawyer, technician in a rare specialisation who is entering thecountry following a request made by an official department, company orestablishment operating in the UAE for the purposes of executing a particularmission

• Wife or son accompanying one of the above categories

(3) The applicant has a return air ticket. Although this is not a requirement inpractice, airlines or tour operators are reluctant to issue one-way tickets to thosetravelling to the UAE on a transit visa.


Although the categories named above are the ones provided for under the law, inpractice persons other than labourers may enter the country with a transit visa. Inaddition, often tourists visiting the country are issued with transit visas which arearranged by the hotel at which they are staying.

Procedure

To obtain the 14-day transit visa on someone’s behalf the following documents needto be submitted to the Visa Section at the DIA at least 48 hours before theindividual’s arrival into the UAE:

• Two duly signed and sealed copies of the completed prescribed application form(typed in English and Arabic) by the sponsor/ local partner;

• Copy of the business’s trade licence

• Copy of the visitor’s passport

• Original transit visa card and a copy

• The appropriate fee (currently Dh.220). Applications may be processed quickerif an additional Dh.100 is paid.

Once these documents have been submitted, a re-examination card will be issuedbearing the date the transit visa is to be collected from the immigration departmentat the DIA. Upon collection of the transit visa, it should be filed with theimmigration authorities at the DIA at least 30 minutes before the visitor’s arrivalinto the UAE.

2.4 Visit Visas

A visit visa may be obtained for different purposes. Although the procedures aremore or less the same for everyone, conditions vary depending on who the visitoris and who the visitor’s sponsor is. The legally permitted purposes for which onemay enter the UAE on a visit visa are the following:

• To visit a friend or a relative residing in the UAE

• To visit a juridical person, whether public or private

• For tourism.

A visit visa entitles the visitor to remain in the country for an initial period of 30days which is subsequently renewable for a further period of 60 days, thus allowinga total period of stay in the country of 90 days, provided the procedures for renewalare satisfied. If the visitor remains in the country beyond the permitted period he isfined Dh.100 per day and also an additional Dh. 100 as penalty for overstaying.

Once an individual obtains a visit visa, he must use it within two months of its dateof issue. Otherwise the visa will expire and a fresh application will be necessary.

It should be noted that although a person may enter the country on a visit visa fortourism purposes, there are special ‘tourist visas’ for this purpose as discussed inSection 2.3.

As the requirements and conditions for obtaining visit visas vary according to theidentity of both the intended visitor and the sponsor, a brief explanation of thesehas been provided below.


2.4.1 Relatives, Spouses and Children

If the purpose of entry is to visit a relative who resides and works in the UAE (forprivate companies and establishments or in the government sector), a visit visa maybe obtained by the said relative who will be the visitor’s sponsor. However, in orderto qualify as a sponsor, he must either be a spouse or a first affinity relative of thevisitor and meet the minimum salary requirements, i.e. receive a monthly basicsalary of at least Dh.3,000 in addition to accommodation allowance provided by theemployer or alternatively receive a monthly basic salary of at least Dh. 4,000(without accommodation).

If the sponsor is a relative of second degree of affinity to the visitor, he can applyfor a visit visa by seeking the approval of the Deputy Minister for Residence &Immigration.

2.4.2 Residents of GCC States

If the visitor is a citizen of one of the countries listed below and is also a resident ofone of the GCC, he may obtain a visit visa at the Dubai International Airport (DIA)if he has not previously obtained a visa or permit to enter the UAE. This entitleshim to remain in the country for a maximum non-renewable period of 30 days fromthe date the visa is issued.

USA Italy Switzerland Germany

Canada Portugal The Vatican Ireland

Belgium Australia Monaco Denmark

Japan France Norway Holland

New Zealand Finland Greece Sweden

In addition, other GCC residents who are not from the countries listed above mayalso obtain visit visas upon entry at the DIA if they are businessmen, companymanagers, company representatives, auditors, accountants, doctors, engineers orhold other professional posts. The families and the employees of the categoriesmentioned previously, including drivers sponsored by them upon entry at landborders, and domestic helpers may also obtain visit visas at the DIA.

2.4.3 Wives of GCC citizens

If the visitor is a foreign wife of a GCC citizen in the UAE (and is not a GCC citizenherself), she will be required to hold a valid residence permit in her husband’scountry in order to obtain a UAE visit visa on her husband’s sponsorship.

2.4.4 Official Visit to the UAE

If the purpose of entry is to visit a public official, for either private or publicpurpose, the applicant is required to submit to the concerned authorities thereasons and purpose of the visit which must be acceptable to them.

Procedure

Provided the necessary conditions have been fulfilled, below are the proceduresrequired for obtaining a visit visa depending on who the sponsor is. The fee for avisit visa is Dh. 100 and urgent applications cost an additional Dh. 100.


2.4.5 Applications by Company/ Business Sponsors

The following documents should be submitted to the Visa Section at the DNR:

• Two completed, stamped and signed copies of the prescribed application form(typed in English and Arabic) by the authorised signatory, containing thenumbers of the Immigration card and the Representative card

• A copy of the intended visitor’s passport

• A photocopy of the trade licence

• The original immigration card (and copy)

• The original representative card (and copy)

• The profession of the visitor (as per Immigration Department Codes)

• The appropriate fee (currently Dh. 100).

2.4.6 Applications by Individual Sponsors

The following documents should be submitted to the Visa Section at the DNR:

• The prescribed application form completed and signed by the applicant (typedin English and Arabic)

• A copy of the visitor’s passport

• A copy of the sponsor’s employment contract (the original may be requested)

• A copy of the sponsor’s tenancy contract (unless accommodation is provided byhis employer)

• The appropriate fee (currently Dh.100)

• If the sponsor is applying on behalf of his wife, he must also submit the originalmarriage certificate and a copy in addition to the above documentation.

2.4.7 Renewals of Visit Visas by Company / Business Sponsors

A visit visa can be renewed by submitting two copies of the prescribed applicationform (which must be typed in Arabic, containing the Establishment [Immigration]card number, and the Representative card number) signed by the authorisedsignatory together with the following:

• Photocopy of the business’s trade licence

• Copy of the Immigration card

• Copy of the Representative card

• Copy of the visitor’s passport and original

• The appropriate fee ( currently AED 500/-)

2.4.8 Renewals of Visit Visa by Individual Sponsors

A visit visa can be extended another 30 days by submitting the following to the Visasection at the Dubai Naturalisation and Residency Department (DNRD) at least 48hours prior to the visa becoming expired.

• Original Passport

• Original Visit Visa

• AED 500/-


2.5 Visas for Tourists

Tourists may enter the country on a visit visa, a transit visa or a tourist visa. Themost appropriate visa will primarily depend on three factors: the visitor’snationality, who the sponsor is and the intended period of stay.

If the sponsor is a business operating in the UAE or an individual residing in theUAE, the visitor may enter the country either on a visit visa or on a transit visa,depending on how long he intends to stay.

If, on the other hand, the sponsor is a tour operator or a hotel then an applicationfor a transit visa or a tourist visa would be applicable, with the exception of citizensof the 34 countries specified in section 2.2 and GCC countries who do not requirevisas to enter the UAE.

In practice, some hotels and tour operators submit different applications dependingon the nationality of the visitor. With regard to visitors from Arab countries (otherthan GCC nationals) and Africa (except South Africa) the hotel or tour operator willnormally apply for transit visas on their behalf rather than tourist visas. Asmentioned previously, transit visas allow the holder to remain in the country for atotal unrenewable period of 14 days from the date of entry.

For guests of other nationalities, hotels usually apply for tourist visas. A tourist visaallows the visitor to remain in the country for a total unrenewable period of 30 daysfrom the date of entry into the UAE.

Procedure

When a visa is being obtained through a hotel in Dubai, the procedures are thesame vis a vis the visitor, regardless of the type of visa that is being applied for, asthe hotel will handle the necessary requirements.

The intending visitor has only to fill out an application form, provided by the hotelincluding details of his credit card (which is normally also on a form provided bythe hotel) and send a copy of his passport either by fax or mail to the hotel. Thecredit card details are used to deduct the visa charge (currently AED 300/-) by thehotel.

The hotel will then submit the necessary documents to the DNRD and send a copyof the visa to the visitor. The original visa is placed at the immigration desk at theDubai International Airport (DIA) before the visitor’s arrival for collection. The visamay take seven to ten days to finalise from the date of submission of documents tothe hotel although this period may be less. However, for an additional Dh.100, thevisa will be processed within 24 hours.

Children (under 13 years of age) who are on their parents’ passports are exemptfrom paying the Dh.300 fee. They also need no separate immigration application.

2.6 Multiple Entry Visas

The multiple-entry visit visa allows foreign individuals to visit the UAE frequentlyfor business purposes as a result of their connection with a company orestablishment operating in the UAE. It permits the bearer to enter the countrywithout restriction for a maximum period of six months and stay a maximum ofthirty days on each entry. The multiple-entry visa is obtainable from the DNRD inDubai or the UAE Embassy or Consulate and may subsequently be renewed. Inorder to obtain such a visa, the applicant must have initially entered the country ona visit visa.


A multiple-entry visa is only issued to citizens of the countries with whom the UAEhas entered into agreements. Such agreements have been made with the USA andGermany for instance, and citizens of these countries may obtain multiple-entryvisas valid for ten and six years, respectively, from the UAE embassies in theircountries.

Procedure

The relevant sponsor is required to submit the following documents to the DNRDor the UAE consulate abroad:

• Evidence that the foreigner’s business requires frequent visits to the UAE as aresult of his connection with a company or establishment operating in the UAE

• The DNRD prescribed application form duly signed by the sponsor

• A copy of the valid trade license of the sponsor’s company

• A copy of the visitor’s passport

• A written undertaking from the sponsor on his responsibility regarding thevisitor during his visit

• The appropriate fee. (currently AED 500/-)

Those applying for multiple-entry visas should refer to the procedures for doing soat the UAE embassy involved. Normally, USA and EU nationals will be grantedmultiple-entry visas.


3. IMMIGRATION REQUIREMENTS FOR NEW BUSINESSES

Unlike many jurisdictions, businesses in the UAE are required to fulfill certainrequirements with both the immigration authorities and the Ministry of Labour &Social Affairs (the Ministry) if they wish to employ staff in the UAE, or if they wishto submit visa applications on behalf of their employees or other persons. Below aredetails of these requirements.

3.1 Business Registration with the Immigration Department: TheEstablishment/Immigration Card (the Immigration Card)

When a business intends to recruit staff from overseas, it needs to register thebusiness by opening a file at the Immigration Department (as well as at the Ministryof Labour & Social Affairs) as soon as it obtains its trade licence. Without this, thebusiness will not be able to recruit staff. An immigration file can be opened bysubmitting two copies of the prescribed application form (which must be typed inArabic and English, stamped with the company stamp and signed by the localpartner or national agent) together with the following documents:

• Copies of the passports of the authorised signatories and the owners of thecompany. (The immigration department requires all the relevant pages of thepassport to be printed on one side of a single sheet of A4 paper),

• Original trade licence (and copy),

• Power of attorney of authorised signatories,

• The appropriate fee (currently AED 900/-).

Upon satisfaction of the above, the new business will be issued an immigration cardwhich is valid for three years, and renewable annually every three years. Suchrenewals are conducted by submitting the same documents and fee to theimmigration authorities as outlined above.

3.2 Business Registration with the Ministry of Labour & Social Affairs:The Establishment/Labour Card (the Labour Card)

All businesses who wish to employ staff and submit visa applications on theirbehalf must register with the Ministry by opening a file for the business with theMinistry. Where a business is employing an individual, it will first need to obtainthe Ministry’s approval to do so before it can apply for any visas on the individual’sbehalf, where applicable. Such applications therefore cannot be made without firstregistering with the Ministry. Once the business has registered with the Ministry, itwill be issued with a Labour Card.

3.3 Representative Cards: Immigration & Labour

All businesses need to appoint a representative to deal on their behalf with theimmigration and labour departments, as individuals will not be allowed to deal onthe business’s behalf at the immigration or labour authorities without firstobtaining Representative cards from each respective authority. Such representativeswill be required to be employed by the business itself. A representative card can beobtained by filing two copies of the prescribed application form (which must betyped in English and Arabic) at both the immigration authorities and the Ministryalong with the following:


• Copy of the business’s trade licence

• Copy of the intended representative’s passport

• Two colour passport size photographs of the intended representative

• Power of attorney from the authorised signatories on behalf of the intendedrepresentative

• Copy of the sponsor’s/local partner’s passport

• The appropriate fee (currently AED 410/-).

Representative cards are valid for two years and renewable every two years.

4. PERMITS

An entry permit is legally defined under the Law as:

“...a special document issued to a foreigner allowing him to enter the territory of the countryaccompanied by the person stated thereon and on the passport or document.”

Although the legal definition of an entry visa and an entry permit are different, themain difference between them in practice is that a visa allows the bearer to remainin the UAE for a short stay, whereas a permit allows a longer or indefinite periodof stay in the UAE. Two types of permits are issued to foreigners in the UAE: theemployment permit and the residence permit, although they are commonlyreferred to as employment visa and residence visa.

4.1 Employment Visas

Employment visas may be obtained from both the DNRD or the UAEEmbassy/Consulate abroad after the approval of the Ministry of Labour & SocialAffairs to allow the individual in question to be employed. Employment visasentitle the holder to enter the UAE once for a total period of 30 days and are validfor a period of two months.

Ideally, those entering the UAE for employment should come into the country onan employment visa. However, it is possible to enter the country on a visit visainstead. When an application for an employment visa is made, the intendingemployer will assume the role of the person’s sponsor and make the application.The procedures for entry for employment purposes have been discussed below.

Procedure

The following documents must be submitted by the business establishment’sofficial representative to the Dubai Ministry of Labour or at any Dubai Post Office.

1. Employment entry permit application form (computer print-out).

2. Copy of the establishment’s valid trade license.

3. Copies of the authorized signatory cards, which are available from the DubaiMinistry of Labour and Dubai Immigration Department.

4. A drawn map for the location of the establishment.

5. Monetary stamp - AED 100/-

6. A self-addressed, stamped or postage pre-paid, envelope. (AED 10/-)


7. Copy of the employee’s passport including the page showing endorsement ofthe renewal of the passport, if any.

In cases of professionals i.e., doctors, engineers, advocates, nurses, accountants,pharmacists, consultants, vice-directors, directors, managers, then a copy of theemployee’s university degree duly attested by the UAE Embassy in the country ofthe employee as well as by the UAE Ministry of Foreign Affairs, is required.

The submitted forms and approval of the same will be mailed to the establishmentas per the address specified. Following this, the same forms with the approval ofthe Ministry of Labour endorsed on them, should be stamped with the AED 100/-monetary stamp (available at any Post Office). These forms are then required to besubmitted to the Dubai Immigration Department. The required forms are:

1. The original Establishment Card at Dubai Immigration Department (for viewingonly).

2. AED 200/- filing fee.

3. If the forms are not being submitted by one of the authorized signatories of theestablishment, then a copy of the Representative Card must be submitted.

The Immigration Department will issue an employment entry permit on the sameday, and this must be deposited to the Dubai International Airport Visa Desk on theday of the employee’s arrival in the UAE.

4.1.1 Amending Visit Visas

People who are visiting the UAE on a Visit Visa and who also have an approvalfrom the Ministry of Labour for an employment entry permit, can now make a visaamendment. The condition is that they must be sponsored for employment by thesame sponsor as their visit visa. The application form and fees are to be submitteddirectly to the Ministry of Labour. The fee is AED 500/-.

If, however, an employee’s sponsor is not the same as the visit visa sponsor, thenthe employee will not be allowed to amend his visit visa, but rather will have to exitthe UAE and return on an employment entry permit issued by his/her employer.

4.1.2 Medical Test

After the employee’s entry to the UAE, he must take a blood test in order to receivea Health Card (required). The documents to be submitted are:

• Two copies of his passport

• Two copies of the employment visa

• Four passport size photographs

• Fees are AED 200/- for the blood test and AED 300 for the Health Card.

4.1.3 Labour Card

Next, an application for a Labour Card should be made to the Dubai Ministry ofLabour & Social Affairs within 30 days of the employee’s entry into the UAE bysubmitting the following documents:


• Copy of the establishment’s trade license.

• Copy of the establishment’s authorized signatory card at the Dubai Ministry ofLabour.

• Copy of the employee’s passport.

• Copy of the blood test report.

• Copy of the employment entry permit.

• 2 passport sized photographs.

• Labour Card and Employment Contract (computer print-out).

• AED 200/- fees.

• A self-addressed, pre-paid, envelope (AED 15/-).

The Labour Card will be sent to the address specified on the Establishment Card.

4.1.4 Residence Permits

Once the labour card has been obtained, an application for a residence permitshould be made to the Dubai Immigration Department by one of theestablishment’s authorized signatories by submitting the following documents:

• A copy of the labour card or a receipt thereof

• The completed prescribed application form (typed in Arabic and English)

• The original blood test report

• The employee’s original passport

• The original employment visa issued to the employee

• A copy of the sponsor’s passport (if the sponsor is an individual)

• A copy of the company’s trade licence

• A copy of the company’s immigration card

• 2 passport size photographs of the employee

• The appropriate fee (currently AED 300/- or AED 400/- if the application isurgent).

The above requirements should be satisfied within 60 days of the employee’s entryinto the UAE on his employment visa. However, it is advisable to complete theserequirements within 30 days of the employee’s entry into the UAE.

If these requirements are not completed within the time limit stated above, a fine ofAED 100/- will be payable for each day until the procedures are completed.

4.1.5 Entry Permit for Wife and Children of Employees

The following documents should be submitted by the employee himself, or by therepresentative of the establishment employing him. They are:

1. Entry permit application form.

2. Copy of the employee’s Labour Card & the original for viewing only.

3. Copy of the employee’s passport, including the visa page & the originalpassport for viewing only.


4. Copy of the marriage certificate attested by the UAE Ministry of Foreign Affairsfor wife’s visa & original for viewing only.

5. Copy of the birth certificate attested by the UAE Ministry of Foreign Affairs forchildren’s visa & original for viewing only.

6. Copy of wife’s or child’s passport. However, boys over the age of 18 yearscannot be sponsored by their father.

7. AED 200/- fee.

The residence entry permit should be received on the same day and must bedeposited to the Dubai International Airport visa desk on the same day that theemployee’s wife and children are arriving in the UAE.

After the arrival of the employee’s wife, she must take a blood test, (also requiredfor daughters over the age of 18 years). The required documents are:

1. 2 copies of her passport.

2. 2 copies of her entry permit.

3. 4 passport sized photographs.

4. Fees are AED 200 for the blood test and AED 300 for the Health Card.

4.1.6 Residence Permit for Wife and Children of Employees

The following documents should be submitted by the employee himself, or by theemployer’s representative.

1. Residence Permit application form

2. Copy of the employee’s labour card & the original for viewing only.

3. Copy of the employee’s passport & the original for viewing only.

4. Copy of the marriage certificate attested by the UAE Ministry of Foreign Affairsfor wife’s visa & original for viewing only.

5. Copy of the birth certificate attested by the UAE Ministry of Foreign Affairs forchildren’s visa & original for viewing only.

6. The original blood test for the wife (children below the age of 18 years do notneed to have a blood test).

7. The original passports.

8. 2 passport size photos of each applicant.

4.2 Residence Visas

Once a non-UAE national enters the UAE and intends to live in the UAEindefinitely for whatever purposes, he should obtain a residence permit as distinctfrom a residence visa. This will be stamped on the applicant’s passport.

A residence visa allows a person to enter the UAE only once within two months ofits date of issue. Therefore, if after getting a residence visa the applicant does notuse it within two months, he will have to apply for a fresh one. The period ofpermissible stay in the country is thirty days from the date of entry into the UAE.Therefore, applications for a residence permit should be submitted before theexpiry of this time.


A residence visa is required for those who wish to enter the UAE with the intentionof living indefinitely with, say, their husbands who are already resident in thecountry. Those entering the UAE for employment and intending to reside in thecountry do not require a residence visa as in most instances the intending employerwill act as sponsor and their entry into the country will be on an employment visa.

A residence permit, on the other hand, allows the applicant to live in the countryfor three years. This is the normal period granted in practice. However, legallyspeaking, the DNRD may issue residence permits for shorter periods but notshorter than one year. As stated above, it is necessary for everyone intending to livein the UAE indefinitely to apply for a residence permit upon entry into the country.

There are two types of residence permits: the residence permit for employment andthe residence permit without employment - for wives and children of employees.The former, as stated above, is normally granted for a period of three years. Thelatter is applicable for instance to a foreign resident sponsoring his wife ordaughter. The period of residence granted varies depending on who the sponsor is.For instance, the period of residence granted to those who are sponsored by non-UAE nationals (not in the capacity of an employer) such as a relative or spouse islimited to that person’s period of residence, after which the person must leave thecountry.

It should be noted that whichever residence permit one obtains, if the holderspends more than six months out of the country the permit becomes invalid.However, the following are some of the persons exempted from this rule (theirresidence permit will expire at the end of the period originally granted):

• Foreign wife and children of UAE-nationals

• Those travelling for medical reasons. In this case a medical report is requiredwhich must be attested and certified by the Ministry of Health

• Those studying in universities and other educational institutions abroad

• Those working for public authorities or other public sector establishments whohave been sent abroad for training/ professional courses or to work in theirbranches. The families of such persons are also exempt.

As we shall see below, once a person obtains a residence permit and provided hesatisfies certain other conditions, he can sponsor some individuals who wish to visitthe country, such as members of his family.

The law limits persons who may apply for a residence permit. They are basicallythose who can seek sponsorship by either an individual who is resident in the UAEor other legal entities in the UAE, such as a company for employment purposes.Article (28) of the Decree lists the persons who may reside in the UAE (providingthey are sponsored) as follows:

Persons joining their family supporter or guardian, such as the children of a foreignresident, in which case the latter will act as the sponsor. However, foreign residentsmay only act as sponsors on their children’s behalf if, in the case of sons, they areunder the age of 18 years and in the case of daughters, if they are not married. Inthe case of married daughters, the husband will normally act as sponsor. Males whoare over the age of 18 may obtain sponsorship for residence purposes eitherthrough an educational establishment they are studying at or through theiremployer.


• Persons studying in a college/ university or institution in the UAE.

• Persons attending or intending to attend a training course in a publicestablishment or department.

• Foreign women who are divorced from their UAE national husbands providedthey have one or more sons from them.

• Parents and sons of UAE nationals who hold foreign passports.

• Husbands and sons of UAE nationals who hold foreign passports.

• Foreign wives of nationals of GCC countries residing in the GCC states of theirhusbands.

• Family members of foreign women who are employed (for a period of at leastone year) in one of the following professions: teaching, medicine, engineering orother similar professions which require a university degree or a specialisedcourse.

In addition to the above, the sponsoring foreign resident must meet the minimumsalary requirements as stipulated under Article 31 of the Decree: receive aminimum monthly salary of AED 3,000/- plus accommodation provided by hisemployer or at least AED 4,000/- without accommodation. Teachers, leaders ofmosques and bus drivers who transport students to school, university or othereducational establishments are exempt from this requirement.

Domestic helpers and labourers are not allowed to sponsor persons for entering thecountry even if they meet the salary requirements.

4.3 Wives (or divorcees) or widows of UAE Nationals

A duly certified marriage certificate attested by the UAE Embassy/Consulate or bythe embassy of the country in which the marriage certificate was issued. It shouldalso be attested by the Ministry of Foreign Affairs. In the case of a divorced wife orwidow, the eldest son should act as sponsor and submit the application. If there areno sons, the eldest daughter assumes this role.

4.4 UAE Women married to Foreigners

The UAE authorities have started legalising the status of children born to UAEwomen married to foreigners. The move follows a decision by the Prime Ministerof the UAE and Ruler of Dubai, to issue UAE passports to such people in Dubai,and a recent order of the federal cabinet asking the Ministry of Labour and SocialAffairs to issue them work permits. The DNRD has already started issuingpassports to such people, and parents of such children should contact the DNRDdirectly.

4.5 Persons Joining a University or College or Attending Training Courses

The application for residence in this case is handled by the concerned college oruniversity in the UAE which deals directly with the Immigration & ResidenceDepartment and assumes responsibility for the student during his period ofresidence in the UAE.

Similarly, the public authority or establishment concerned with persons attendingtraining courses with them are responsible for their sponsorship.


5. MISCELLANEOUS MATTERS

5.1 New Born Babies

If a foreign woman residing in the UAE gives birth, an application for a residencepermit must be made on the baby’s behalf within four months of the baby’s date ofbirth, failing which the father or legal guardian of the child must pay a fine ofDh.100 for each day after that period until a residence permit is obtained. The samerules apply to foreign women resident in the UAE who give birth outside the UAE.In such cases, it is necessary to apply for a residence visa on the baby’s behalf, alsowithin four months of the baby’s date of birth. Applications are made to the DNRD.The documents which need to be submitted include copies of both the father’s andthe mother’s passports and a copy of the baby’s birth certificate attested by theMinistry of Foreign Affairs.

5.2 Domestic Help

Maids or domestic help may be obtained either through agencies in Dubai ordirectly from abroad. The agency will only provide the maid’s passport copy andthe employing individual will need to complete the procedures necessary foremployment.

As domestic helpers are exempt from the provisions of Federal Law No. 8 of 1980on the Regulation of Labour Relations (the Labour Law), they do not have to obtaina labour card in order to be employed nor does the employer need to seek theapproval of the Ministry for their employment. Therefore applications for theemployment of domestic help are made directly to the immigration authorities onthe prescribed application forms provided that the necessary requirements forobtaining an employment visa as discussed above are met. Unlike normal residencepermits, residence permits for maids or domestic help are for periods of one yearrather than three years. It should be noted that maids or domestic help can only beemployed by individuals resident in Dubai and not businesses. Such individualswill assume the role of the domestic helper’s sponsor for immigration purposesprovided they satisfy the conditions stipulated under Article 23 of the Decree,namely:

• Have a monthly salary of at least AED 6,000/-.

• Pay an annual amount to the state treasury equal to the annual salary of thehelper. The helper’s monthly salary must be at least Dh.400 in which case theamount payable is AED 4,800/-.

• The sponsor has not sponsored a domestic helper or a housemaid for one yearending on the date the application is submitted.

• The helper is not related to the sponsor.

• The sponsor resides in the country with his family.

There are additional requirements regarding women who practise certainprofessions such as in the fields of medicine and engineering.

Additional rules on the employment of domestic help demand that the minimummonthly wage for a maid from Sri Lanka must be AED 500/-. In such cases,therefore, the annual amount payable to the state treasury is AED 6,000/- insteadof AED 4,800/-.


It is illegal to employ domestic help who is on someone else’s sponsorship. It is notpermitted to transfer the sponsorship of a domestic helper to a new employer,unless a period of at least one year has lapsed from the date the helper last left thecountry. This is pursuant to Article 63 of the Decree which states that when anemployment is terminated, the residence permit for employment is considered voidand that, “ no entry permit or new visa can be issued unless after the lapse of sixmonths from the last date of departure from the country, and for one year for houseservants.”

5.3 New Employment

Those who are already employed in the UAE may only seek new employment bytransferring their sponsorship from their current or previous employer to their newemployer or alternatively cancelling their original sponsorship and undergoing thesame process as if they were employed for the first time, that is, re-entering thecountry on an employment visa. There are certain conditions associated with thetransfer of sponsorship from one employer to another in the private sector. Theseinclude the following:

• The employee must have been employed by the original employer for at leastone year.

• The previous employer approves the new employment.

• The new employment is in the same profession as the previous one.

• The employee holds a valid residence visa.

• The Ministry approves the transfer, unless the employee is not subject to theLabour Law, such as domestic help.

The documents required for transferring one’s employment sponsorship to a newemployer are the following:

• The duly completed prescribed application form

• The labour establishment cards of both the new and the previous sponsor

• Copies of the business trade licences of both

• A copy of the employee’s passport

• The employee’s degree and/or professional certificates

• The appropriate fee (currently AED 1,200/-)

The employee will also need to obtain a new residence visa as explained above andwithin the 60-day prescribed time limit starting from the date the transfer waseffected.

5.4 Health Requirements & Health Services

No health certificates are needed for entering Dubai. This may, however, changefrom time to time and so it is recommended that all visitors check this before theirdeparture. It is advisable for all persons travelling to Dubai to ensure that they haveinoculations against the following diseases:

• Typhoid

• Hepatitis

• Tetanus

• Polio


Anyone having the virus HIV which causes AIDS will not be allowed to enter orreside in the UAE.

Malaria tablets are optional. Most people in Dubai do not take malaria tablets,because it is generally believed that the dry climate eliminates the risk of thedisease. All visitors should, however, obtain specific medical advice beforedeparture.

The UAE has a highly advanced and efficient medical health service. All residentsin the UAE are entitled to receive medical treatment from the government hospitalsfor a nominal fee.

In order to receive such treatment, it is necessary to apply for a medical card. Thisinvolves completing the prescribed application form provided, attaching a copy ofone’s passport including the residence permit page and paying a fee of AED 300/-. Medical cards are renewable annually for a fee of AED 300/-. The medical servicesavailable range from general consultations to child birth and dental care.

Emergency health treatment is nevertheless free of charge for everyone in Dubai, bethey visitors or residents, although follow-up treatment is chargeable.

6. CHECKLIST OF DOCUMENTS TO BRING WITH YOU

Below is a checklist of the documents individuals should bring with them, whenmoving to Dubai.

• Passport

• Driving licence, national and international, if any

• Examination certificates

• Certificates of membership in professional organisations

• University degrees (duly notarized and authenticated by a UAE embassyabroad)

• Letters of recommendation from previous employers

• Marriage certificate (this should be notarized and authenticated)

• Birth certificates (for children)

It is also important to have a large number of passport sized photographs, aseverything in Dubai from C.V.s to beach club membership applications requiresphotographs.



VISAS

Tourist Visa Transit Visas Visit Visa Multiple Entry Visa Residence Visa

96-Hour Transit Visa 14-Day Transit Visa 60-day (renewable) 3-years (renewable)


PERMITS

Employment Permit Residence Permit

Residence for Employees Residence for Dependants








Documents

Uae Immigration Law