LEGAL Q&A
UAE Immigration
You can apply through Amer centers for GDRFA, or the U.A.E. ICP. Ultimately, it depends on which Emirate you are a resident of.
Overstaying fines in the UAE have recently been updated. Those who overstay in the country after either cancelation or expiry of their visa – are subject to a penalty of AED 50/day. Notably, the amount of the fine is now uniform, for all types of overstay. Be it entry visas, residency visas or even failure to register newborns in the UAE.
Yes. Family members of those who are being deported from the UAE, for violating the UAE immigration laws, can also be deported. This is in the event that, those family members are under the care of the person, who is being deported.
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.
UAE Golden Residency is applied through the ICA, which is the U.A.E. Federal Immigration 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.
UAE Tax
In the UAE, the only tax currently in place is the 5% value added tax. This has been in place since 2018.
Family Law, Child Support & Maternity Leave UAE
At a high-level, the U.A.E. law does not differentiate between maternity leave for a mother who gives birth to twins. This is because the maternity leave is for giving birth, regardless of the number of babies.
You may be able to claim child support from the father of your son. At a high-level, the father is responsible for school fees, residency costs, health insurance, and daily living expenses. Ultimately, however, the extent of child support, and any other financial support depends on the specifics of your matter.
Yes and the specific requirements for mothers to do so, include:
- A minimum monthly salary of either AED 4,000 or AED 3,000 + accommodation. Notably, this is as compared to the previous requirement of AED 10,000/salary.
- There is also a requirement of a tenancy contract, which can be either in her name or in the name of the husband.
- And, importantly, the no-objection certificate (NOC) from the husband, stating that he does not object for the wife to sponsor their child.
Newborns of expats in the UAE can obtain UAE residency through one of their parents. For parents to qualify to sponsor their newborn children, a number of requirements must be met.
- One, the sponsoring parent must be a UAE resident.
- Two, the minimum monthly salary of the sponsoring parent must be either: 1) AED 4,000 or 2) AED 3,000 + accommodation.
Also, the sponsor must have a registered tenancy agreement.
To apply, some of the required documents of the sponsor include:
Original passport, with at least 6 months validity, original Emirates ID, salary certificate or employment agreement – showing the minimum salary, tenancy agreement, utility bill, health insurance, colored photograph and IBAN number
Additionally, the following documents of child must also be submitted:
- Child’s original passport
- Colored photograph
- Attested birth certificate and
- Medical insurance
The fees for the application are around AED 500.
Employment & Domestic Labour UAE
Among other benefits, a freelance license, will give you your own residence visa for 3 years. To know more, listen to our podcast on Freelance Permits in the U.A.E. through the link given below.
Related Podcast – Freelance permit in the UAE
You can always resign. You just need to make sure to do it properly. This means, with enough notice and documentation. By documentation, we mean – to have a written document, stating that you do not wish to continue your employment anymore and that you are giving 1 month notice. As long as you do everything properly, you will be able to then file a case with MOHRE, to request cancellation of your employment. This is in the event that the employer refuses to do things properly. Just make sure not to simply leave your employment, as this can lead to an abscondment case against you.
To work in the UAE – legally, you can only do if you have a proper employment visa. Working on a tourist visa – is illegal.
You can always resign. Even before expiration of your contract. As per the new Labor Law, there are no penalties in resigning before the expiration of your contract. You just need to serve your notice or pay for it, if you don’t want to serve it. You should not pay your company any fees for visa costs or anything else – these expenses are the responsibility of the company.
Unemployment Insurance Scheme UAE
Employees were able to begin registering for the unemployment insurance scheme from January 1, 2023. And, in order to claim the insurance benefits, employees should be insured for a period no less than twelve (12) consecutive months. So, yes, this means that employees should not be able to claim the insurance benefits until, at least, January 2024.
Yes, subscription to the unemployment insurance scheme is mandatory for government and private sector employees. This is with the exclusion of a number of categories of employees.
The fines are separated into 2 parts:
- A fine of AED 400, if an employee fails to register for the unemployment insurance scheme; and
A fine of AED 200, if an employee registers, but does not pay the subscription fee
Yes, Abu Dhabi residents and employees are also required to register for the unemployment insurance scheme. The Dubai Insurance Company is the designated representative of the pool for unemployment insurance providers. This insurance pool consists of 9 insurance companies, some of which are Abu Dhabi-based. You can subscribe through, amongst others, the following website: www.iloe.ae.
This would be deemed as fraud and a criminal offense. In general, if an employee gets re-hired, legally, then the central government system will reflect the update in their status along the way. If an employee is working illegally, that in and of itself is against the law. And the consequences to working illegally could be more severe and lead to deportation. In a way, it is a self-regulating system.
When you apply for the unemployment insurance scheme, you should share your accurate information with the insurance provider. This includes, among other things, your basic salary. If the unemployment insurance policy you subscribed to does not accurately match the specifics of your employment, then you should address this with the insurance provider immediately.
The unemployment insurance scheme is separated into 2 categories, on the basis of an employee’s basic monthly salary.
- Category 1: If an employee’s basic monthly salary is less than AED 16,000, then they should pay AED 5 per month into the scheme.
- Category 2: If an employee’s basic monthly salary is more than AED 16,000, then they should pay AED 10 per month into the scheme.
The compensation an employee may obtain from the insurance scheme is 60% of the basic monthly salary, for a period of three months. This amount is capped at AED 10,000 for the first category, and AED 20,000 for the second category.
Under the UAE residency law, there are more options of extending the grace period for your visa, following your termination. Depending on the circumstance, your visa grace period may be extended for up to 6 months.
In order to be eligible to claim the unemployment insurance compensation, you must be subscribed to the insurance scheme for a minimum of 12 months.
As of now, employees working in free zones are exempt from subscribing to the unemployment insurance scheme.