Deportation in the UAE

Deportation in the UAE is the forced removal of a foreign national by court order or by order of the immigration authority. The deportee pays the cost of their own removal first. If they cannot, the guarantor or employer on a work residence permit pays, and the federal immigration authority covers what remains.

This guide covers the two types of deportation, the grounds for each, overstay fines, who pays for deportation flights, how the process runs from order to departure, how to check your status, and what happens to family members.

What deportation means under UAE law

Deportation in the UAE is governed by Federal Decree-Law No. 29 of 2021 on the Entry and Residence of Foreigners and its Executive Regulations, issued by Cabinet Resolution No. 65 of 2022 and in force since 3 October 2022. Part Five of the Executive Regulations, Articles 65 to 76, sets out the grounds, the enforcement steps, the rules on costs and the conditions for returning.

Together they replaced Federal Law No. 6 of 1973, which some older guides still cite as the governing law. Three sets of authorities take part in a deportation:

• The Federal Authority for Identity, Citizenship, Customs and Port Security (ICP), which issues administrative deportation orders and carries out all deportations. The Executive Regulations refer to it as the ICA.
• The Ministry of Interior and the Police General Headquarters, which enforce deportation orders together with the ICP under Article 67.
• The criminal courts and the Public Prosecution, which order judicial deportation as part of a criminal judgment.

Judicial and administrative deportation

UAE law recognises two types of deportation, and the difference decides who issued the order and how it can later be challenged or lifted.

Under Article 126 of the Crimes and Penalties Law, a foreigner sentenced to a custodial penalty for a felony must be deported, while for a misdemeanour the court may order deportation in addition to, or instead of, the sentence. Article 126 also contains an exception for certain close family members of UAE nationals. Offence-specific laws can add their own deportation rules; the narcotics law, Federal Decree-Law No. 30 of 2021, requires deportation for many drug convictions, so the law behind the specific charge always needs checking.

Common grounds for deportation in the UAE

The ICP orders deportation under Article 65 of Cabinet Resolution No. 65 of 2022 in four situations:

• The person is caught on board a ship trying to enter the UAE illegally.
• The person is in the UAE without an entry visa or residence permit.
• The person's visa or residence permit has expired and they have not started renewal within the permitted period.
• The person's visa or residence permit has been cancelled and they have not left the UAE within the permitted period.

Beyond Article 65, deportation also follows from a criminal conviction (judicial deportation) and from the administrative grounds in Article 71. Three situations come up often in practice:

• Employment violations. Working for someone other than the sponsor, or working without a permit, exposes the worker to arrest under the inspection powers in Article 62, and the employer who hired them becomes liable for deportation costs under Article 74. Paying for a visa from a company the person never works for falls into this category, and the risks of buying a residence visa in the UAE include deportation and criminal prosecution.
• Serious traffic offences. Prosecutors often request deportation in drink-driving cases that involve repeat offences, accidents or injuries.
• Failed residence medical tests. Failing the medical fitness test for certain conditions can lead to deportation even for a resident who already holds a valid visa.

Overstay deportation in the UAE

Overstaying is the most common route to administrative deportation, but an overstay does not trigger deportation automatically. A person who overstays usually has the option to pay the fine and either regularise their status or leave voluntarily. Article 36 of the Executive Regulations allows a visa holder, including someone whose residence has expired or been cancelled, to convert to a new residence permit without leaving the UAE once the prescribed fee is paid.

An unresolved overstay may result in administrative deportation, particularly where the person is detained for an immigration violation or has committed additional offences.

How much is the overstay fine in the UAE?

The overstay fine in the UAE is AED 50 for each day a foreigner remains after their visa or grace period ends, the same rate for visit, tourist and residence visas. Article 64 of Cabinet Resolution No. 65 of 2022 caps the daily fine at AED 100, so the current rate is half the legal ceiling.

The fine has no upper limit in total. A 60-day overstay costs AED 3,000 and a 180-day overstay costs AED 9,000, before any exit or service fees. All overstay fines must be paid before the person can leave the UAE, unless a waiver, exemption, or other arrangement is approved by the immigration authority.

Grace periods after a residence permit ends

A resident whose permit is cancelled or expires has a grace period of between 30 days and six months, depending on the residence category, before overstay fines start. Article 64 sets six months from the date of cancellation or expiry as the outer limit. Golden and Green visa holders receive the longest period, while most employment and family permits receive a shorter period. Visit visa holders should not assume any grace period applies to them.

Who pays for deportation flights in the UAE?

The deported person pays for their own deportation flight in the UAE. If the deportee cannot pay, the cost passes to the guarantor or the employer named on their work residence permit, and if neither can be made to pay, the ICP covers the flight. Articles 68 and 74 of Cabinet Resolution No. 65 of 2022 set this order:

1. The deportee, from their own money. This covers the ticket for the deportee and, under Article 74, for any family members deported with them.
2. The guarantor or employer, where the residence permit is tied to an employment contract (Article 68). Article 74 separately makes anyone who employed the person in breach of the law liable for the deportation costs, which catches employers who hired a worker sponsored by someone else.
3. The ICP, as a last resort, when no one in the first two groups can pay.

Separately from the deportation rules, Article 13(12) of Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations requires the employer to pay the worker's repatriation to the point of hire. The duty falls away if the worker joins another employer or if the contract ends for reasons attributable to the worker, in which case the worker pays.

An employer that pays a deportation ticket and wants the money back from the worker would have to bring its own civil or labour claim, since the deportation file itself does not deal with repayment between the parties.

Typical deportation costs in the UAE

Deportation costs in the UAE combine fixed government charges with variable items such as the airfare.

Paying the deportation ticket does not clear the other items. Overstay fines and court-ordered amounts are separate obligations, and a civil debt with an attached travel ban can delay departure until it is settled or secured.

Deportation process in the UAE

The deportation process in the UAE runs from the order to the person's departure. The legal steps are:

1. The order is issued. A criminal court issues a judicial deportation order as part of its judgment, or the ICP issues an administrative order.
2. The person may be held. Under Article 73, a person ordered to be deported may be held in a penal or correctional facility for up to one month where this is needed to carry out the order, with the approval of the Federal Public Prosecution.
3. Interests in the UAE are settled. Under Article 75, a person with business, property or other interests that need winding up can ask the ICP for up to three months to settle them, provided they lodge an acceptable guarantee.
4. Costs and fines are settled. The ticket is paid in the order set out above, and overstay fines and other dues are cleared.
5. Travel documents are prepared. If the passport is missing or expired, the person's embassy issues an emergency travel document.
6. The person is removed. The ICP carries out the removal with the Ministry of Interior and the police under Article 67, and records the deportation on the person's file.

Article 73 covers only the time a person is held so that the deportation order can be carried out. Any prison sentence comes first, and a judicial deportation takes place after it ends.

Can family members be deported from the UAE with the deportee?

Family members can be deported from the UAE with the deportee if they are in that person's care. Articles 66 and 72 of Cabinet Resolution No. 65 of 2022 allow the ICP to include family members in the same deportation order, and the ICP decides case by case whether to include them.

Sponsorship usually decides what happens to the family, because a spouse or child sponsored by the deportee loses the basis for their residence when the sponsor's permit is cancelled. A family member who qualifies for residence in their own right, for example through their own employment, can apply to move to a new sponsor before the ICP includes them in the order. Their deportation costs follow the same order as the deportee's under Article 74.

How to check deportation status in the UAE

Checking a deportation record in the UAE involves identifying the relevant immigration or judicial authority, as different authorities maintain different records. A deportation, an absconding report or a ban shows on the person's immigration file or as a travel ban, and the right portal depends on which authority keeps the record.

• ICP smart services, for immigration files issued outside Dubai: the file validity service shows whether a residence or entry permit is active and whether violations are recorded against it.
• GDRFA Dubai, for visas issued in Dubai: the fines inquiry and file services show overstay fines and the status of a Dubai immigration file.
• Dubai Police, for criminal cases and financial circulars in Dubai: the circulars and travel bans inquiry, accessed with UAE Pass.
• Abu Dhabi Judicial Department, for court cases and travel bans in Abu Dhabi, through its Estafser service.

Most of these services need an Emirates ID, a unified ID number or a file number. A person already outside the UAE who wants to know whether they carry a deportation record usually has to ask through the GDRFA or ICP channels, or through a lawyer in the UAE, because the online services are built around active residence files. The checks for UAE travel bans from criminal and civil cases differ by emirate and by case type.

What happens if deportation expenses are not paid?

If deportation expenses are not paid by the deportee or their guarantor or employer, the ICP pays for the deportation itself under Articles 68 and 74. Non-payment does not block the removal, and a person cannot be held indefinitely while someone finds the money, because Article 73 caps detention for deportation at one month.

The ICP covering the ticket does not cancel the person's other liabilities. Court judgments can carry a travel ban that delays departure until they are dealt with, and overstay fines remain a separate charge.

Can a deportation be lifted?

A deportation from the UAE can be lifted, but only by permission. Under Article 76 of Cabinet Resolution No. 65 of 2022, a person who has been deported may not return to the UAE without the approval of the Chairman of the ICP. The application route for lifting a deportation in the UAE differs for judicial and administrative deportations.

Getting advice on a deportation matter

Seeking legal advice before a deportation order is enforced may provide additional opportunities to address immigration violations, resolve outstanding matters, and explore available legal remedies. Before an order is enforced, a lawyer can check whether the grounds apply, whether an overstay can still be regularised, whether family members can move to a new sponsor, and whether a guarantee can secure up to three months to settle the person's affairs.

LYLAW has been licensed by the Legal Affairs Department of the Government of Dubai and the Dubai Multi Commodities Centre since 2009, and its immigration and criminal lawyers advise individuals and employers on deportation orders, overstay cases and returning after deportation. To discuss a specific case, request a consultation with LYLAW.

This article provides general information only and does not constitute legal advice. The law and its application depend on individual circumstances and may change over time. The English translations of UAE legislation are unofficial, and the Arabic text prevails in case of conflict. For advice specific to your situation, please contact the LYLAW team.