Deportation Time with Interests in Country

Time for Deportation

Time for Deportation 

    1. A person who is ordered to be deported from the UAE and the deportation decision is final and not subject to appeal, must leave the country within 1 month.
    2. Notably, if the person to be deported has interests in the UAE, that require liquidation:

      3. -The ICA is obligated to grant them a grace period to liquidate those interests.

      -On the condition that – the person submits an acceptable guarantee; and that this period does not exceed 3 months.

    3. This is in line with the UAE Cabinet Resolution No. 65 of 2022 – Articles 69 and 75

Place of Stay before Deportation

Place of stay before deportation

Place of Stay before Deportation 

    1. Whenever a deportation decision is issued against a foreigner in the UAE, it is not always the case that the foreigner gets to wait out their time to leave the country, in the comfort of their own home.
    2. If the authorities deem it necessary, the person can be arrested, after approval of the Federal Public Attorney; and held in a penal or correctional institution; for a maximum of 1 month.
    3. This is in line with the UAE Cabinet Resolution No. 65 of 2022 – Article 73

Deportation Expenses in the UAE

Deportation expenses

Deportation Expenses in the UAE 

    1. Deportation of foreigners from the UAE is subject to various expenses. Those expenses can include:

      2. -Airline tickets,

      -Overstay penalties and

      -Other administrative fines.

    2. These expenses can be incurred for the person who being deported, as well as the family members, who are being deported along with him.
    3. The obligation for these deportation expenses, falls, first, on the person who is being deported, on his own account.
    4. However, if that person is not able to cover those expenses, the obligation falls either on:

      5. -That person’s original Guarantor; or

      -The person’s Employer, who is listed on the last Residence Permit, in the event of an employment agreement

      -Or whoever employs the foreigner, in violation of the UAE Laws

      -Those who are hired by one employer, but work for others.

    5. If neither of these options is possible, then the ICA will cover the deportation expenses.
    6. This is in accordance with the UAE Cabinet Resolution No. 65 of 2022 and Articles 68 and 74, of that law.

Immigration Deportations of Family Members

Immigration deportation for family members

There are strict immigration policies and laws in the UAE to guard the security, stability, and a legal framework that accommodates diverse populations living in the country. According to UAE law, anyone found to be in contravention of immigration laws may be deported. These deportation cases, depending on the circumstances surrounding the case, may extend beyond the individual who has committed the infraction to include dependent family members. The cases in which the deportation of a particular person may be extended to include his/her family are dictated by UAE Cabinet Resolution No. 65 of 2022, Articles 65 and 72.

Family Deportation: The Legal Standing
UAE Cabinet Resolution No. 65 of 2022 provides a legislative framework in regard to the way in which cases of concurrent deportation of family members together with the principal offender are dealt with. Depending on Articles 65 and 72, family members who legally depend on the person being deported might face deportation as well. This approach is in harmony with the general policy of ensuring orderly immigration and that individuals who depend on the presence and support of a principal sponsor-a spouse, parent, or other lawful guardian-be accorded an exit arrangement that does not disrupt the integrity of their lawful status in the UAE.

Article 65 further empowers the relevant authorities to deport the family members dependent on the persons so to be deported. A dependent is generally defined as any person who has been in a dependent relationship, in a financial or in a legal or logistical manner for his or her UAE residency with such other person. In general, a dependent may be a spouse, children, or any other immediate member of the family, usually those who have been sponsored for resident permits under his or her visa sponsorship. This definition of “dependence” in this context reflects the UAE government’s policy of ensuring that those who are dependent on the deportee leave the country in accordance with the immigration violation.

Circumstances That Can Lead To Family Deportation
Family deportation does not come automatically but is rather subject to certain conditions analyzed by the UAE immigration authorities. The main considerations for such an action generally pertain to:

  • Financial and Legal Dependence: In cases where the person’s residence is dependent on the main sponsor’s residence permit, he or she cannot legally stay in the UAE anymore once the sponsor is deported.
  • Particular Circumstances: Sometimes certain factors may exist, such as young children or an elderly family member who could not live independently, which would be seen as reasons to rule in favor of family deportation. Such a factor gives merit to family unification when there are no other feasible alternatives.
  • Case-to-Case Analysis: While Articles 65 and 72 are quite sound from a legal viewpoint, each case is subject to individual consideration. Each application is then considered by immigration authorities on various merits, including the length of residence for the family members, their contribution toward the UAE society, and any extenuating circumstances that may call for a more favorable discretion.
  • Alternative Arrangements: In some cases, family members can remain in the UAE, provided they are able to find independent sponsorship through employment or any other feasible avenue in accordance with the law. This is because such an arrangement provides an avenue for family members who may wish to stay in the UAE to seek ways and means of securing a different visa without relying on the sponsorship of the one facing deportation.

Humanitarian and Practical Implications
The deportation policy regarding the family represents a balance between the retention of the rule of law and humanitarian considerations. In this case, UAE authorities may consider how the children are young or where an immediate family lacks the ability or competency to relocate on their own. Despite the UAE law allowing discretion, family deportation is usually designed to retain structures of lawful residency, not punitive measures against dependents. This would also ease logistical and social burdens, since this structure ensures that some family members cannot stay in the UAE on their own and are returned to their country of origin or to a country where they have stable support.

Enforcement and Legal Recourse
Deportations under Articles 65 and 72 are thus regarded as within the ambit of immigration authorities in the UAE, particularly the Federal Authority for Identity and Citizenship (I.C.A.) and the General Directorate of Residency and Foreigners Affairs (G.D.R.F.A.) in Dubai and the rest of the Emirates. Members of this family who have been ordered to be deported under such a policy will have a right to be so informed of their legal status and can avail themselves of legal representation to discuss any available appeals or alternative arrangements. Appellants may also file on extraordinary grounds for remaining in the UAE with legal representation from relatives, which immigration will consider, and sometimes grant clemency to family members under certain circumstances.

Immigration Deportations in the UAE

Immigration Deportations in the UAE

Immigration Deportations in the UAE 

    1. Deportation is one of the penalties, applied to those who violate the UAE immigration laws
    2. In particular, deportation can apply to the following categories of violators.

      3. A. Those who are in the UAE, without either an Entry Visa or a Residence Permit.

      B. Those who have overstayed their Entry Visa or Residence Permit, beyond the allowable time for renewal.

      C. Those whose Entry Visa or Residence Permit have been cancelled and they do not leave the UAE within prescribed time.

      D. And those who are caught on board of a ship, illegally trying to enter the UAE.

    3. Importantly, family members of those who are deported can also be deported, if they are under that person’s care.
    4. This is in line with the UAE Cabinet Resolution No. 65 of 2022 and Article 65, in particular.

Penalties for Delay in Updating Civil Status in the UAE

Penalties for Delay in Updating Civil Status in UAE

Fines for Delaying to Update Civil Status in the UAE. 

    1. Reporting any change in the U.A.E. resident civil status is mandatory
    2. Civil status, in this context, includes birth, marriage, divorce or death.
    3. In the event of either death, marriage or divorce – these changes must be reported to the UAE authorities within 30 days.
    4. With regards to births in the UAE– the timeline for reporting is 4 months, instead of 30 days.
    5. The penalty for delays in reporting such changes is AED 20/day, with a maximum of AED 1,000.

Immigration Penalties for Overstaying in the UAE

Penalties for overstaying in the UAE

Penalties for Overstaying in the UAE. 

    1. Overstaying fines in the U.A.E. have recently been updated.
    2. Those who overstay in the country after either cancelation or expiry of their visa – are subject to a penalty of AED 50/day.
    3. Notably, the amount of the fine is now uniform, for all types of overstay.
    4. Be it entry visas, residency visas or even failure to register newborns in the UAE
    5. Importantly, there is no maximum limit for the fine
    6. However, under certain circumstances, fines may be reduced, for humanitarian reasons.
    7. This is in accordance with the U.A.E. Cabinet Resolution No. 89 of 2022, Regarding Penalties for Violations of the UAE Immigration Laws.

IMMIGRATION ARRESTS IN THE UAE

Immigration Arrests in the UAE

Immigration Arrests in the UAE 

    1. Immigration violations in the UAE can carry sever penalties, including arrests
    2. Importantly, these penalties apply not only to those who are in the UAE illegally, but also, those who assist them, in one way or another.
    3. Specifically, immigration violators who are subject to being arrested include, but not limited to: the following categories.

      4. -Anyone who i) enters the UAE illegally and ii) those who assists them.

      -Those who employ foreigners without a permit to do so.

      -Those who do not employ foreigners, who are under their employment contract, and instead allow them to work for others.

      -Those who are hired by one employer, but work for others.

    4. This is in accordance with the UAE Cabinet Resolution No. 65 of 2022 and Article 62, in particular.

Emiratization Not Applicable to Free Zone Companies

Emiratization - Not Applicable to Free Zones

Emiratization Not Applicable to Free Zones . 

    1. An important clarification about the Emiratization initiative for the private sector in the U.A.E. At present, the Emiratization requirement applies to the mainland companies only.
    2. This means that free zone companies are excluded.
    3. This is because, the Emiratization initiative is being mandated by and is subject to the U.A.E. Ministry of Human Resources and Emiratization which is otherwise referred to as MOHRE.
    4. MOHRE, on the other hand, is the governing authority for the mainland companies.
    5. Free zone companies – are subject to their own free zone authorities, which serve an equivalent function to that of MOHRE.
    6. Currently, the legislative authority, which establishes the requirement of Emiratization is Ministerial Resolution No. 279 of 2022.
    7. It is this Resolution, which sets out the Emiratization quota, timeline for its implementation and corresponding penalties.
    8. This Resolution 279, applies, expressly, to establishments or companies, which are registered with MOHRE. This includes only mainland companies, and not free zones.
    9. Should free zone companies wish to adopt similar Emiratization initiative, they can do so by introducing similar regulations, as those mandated by MOHRE.
    10. Until such time, the current Emiratization requirements applies only to the mainland companies.

Lifting of Deportation

Lifting of deportation

Lifting of Deportation 

    1. Deportation orders in the UAE, once final, are very difficult to lift.
    2. And they are, generally, permanent which means that, once a person has been deported from the UAE, they are not allowed to return. Irrespective of the underlying reason for deportation.
    3. However, it is possible to submit a request to lift the deportation to the Chairman of the ICA. And the UAE Immigration law expressly provides for such option.
    4. Although it does not spell out the factors, which may be considered for such decision; or what documents should be submitted.
    5. This is in line with the UAE Cabinet Resolution No. 65 of 2022, and Article 76, specifically.