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.

ALL ABOUT EMIRATIZATION

Emiratization. 

                • The Emiratization is being introduced into the U.A.E. private sector as of January 2023.
                • Emiratization is a government initiative to encourage meaningful and efficient employment of Emiratis in the UAE.
                • This is in line with the Ministerial Resolution No. 279 of 2022, which was issued in June of 2022.
                • As per this Resolution, the government aims to increase employment of Emiratis in the private sector by 2% annually.
                • With the objective of reaching 10% increase by 2026.
                • The requirement for the number of Emiratis to be hired, depends on the number of skilled workers in the company
                • -Companies with 51 – 100 skilled workers – should hire 2 Emiratis.
                • -Those with 101 – 150 skilled workers – must hire at least 3 Emiratis.
                • -And those companies who have more than 151 skilled workers – should hire 1 Emirati for every 50 skilled workers.
              • The deadline for compliance is January 1, 2023.
              • After which penalties will be imposed.
              • The penalties start with AED 6,000 per month for every Emirati, who has not been employed.
              • And increase by additional AED 1,000/per month, every year.

Your Guide to the UAE Immigration Authority – ICA

UAE Immigration Authority - ICA

The UAE Immigration Authority. 

    1. Immigration violations in the UAE are subject to the jurisdiction of the authority called ICA.
    2. This stands for UAE Federal Authority for Identity, Nationality, Customs and Ports Security.
    3. ICA has broad powers and authority
    4. Among other things, ICA has the authority to carry out inspections and arrest violators.
    5. As well as deport violators, in coordination with the Ministry of Interior and the Police.

      6. This is in accordance with the UAE Immigration Laws and, specifically, the UAE Cabinet Resolution 65 of 2022. Articles 61 through 76. As well as the corresponding regulations.

Deportation Laws and Authorities

Deportation Laws and Authorities

Deportation Laws and Authorities in the UAE 

    1. Deportation of foreigners in the UAE is subject to the UAE Immigration Laws.
    2. This applies even to those deportations, which are ruled by the Court, for violation of UAE’s criminal laws. Otherwise known as, judicial deportations.
    3. The main authority overseeing deportations is the ICA, which is the UAE’s Immigration Authority. The other authorities, which are often involved in the process are:

      4. -The Ministry of Interior and

      -The Police

    4. The grounds for deportation, the corresponding process and timeline are set out in the:

      5. -UAE Federal Law No. 29 of 2021, regarding The Foreigners Entry and Residence.

      -The Cabinet Resolution No. 65 of 2022, and in particular, Articles 65 through 76.

      -As well as the Corresponding Regulations.

Overview UAE Golden Residency

UAE golden visa

Golden Visa | Overview

UAE golden visa

  • Golden Residency in the UAE is a long-term residence permit, issued for 10 years. 
  • It is also renewable for the same term, for most of the categories.
  • Golden residency is a self-sponsored type of residency, without the need of a Guarantor or a Host Party in the UAE. 
  • It can be available for those who wish to either: 1) work, 2) invest, or 3) start a business in the country.
  • As long as they satisfy the requirements for each one of the categories. 
  • Golden Residency is applied through the ICA, which is the U.A.E. Federal Immigraiton Authority .
  • Directly through the ICA online platform or through a designated branch.
  • For example, real estate investors in Dubai, can apply for Golden Residency, directly through the Dubai Land Department. 
  • In general, however, the application for the Golden Residency through ICA online platform is rather self-explanatory and efficient. 
  • Specific laws and requirements for the Golden Residency are set out in the special Annex of the UAE Cabinet Resolution No. 65, 2022.