Health Checks and UAE Residency: What Every Expat Must Know

For those seeking to live or work in the United Arab Emirates, obtaining a residency visa involves more than administrative paperwork. One critical requirement is proving medical fitness, as mandated by UAE federal law.

This mandatory health screening is a legal prerequisite, governed by Cabinet Resolution No. 7 of 2008, which outlines the Medical Examination System for Expats Coming to the UAE for Work or Residency. It applies across all Emirates, although practical implementation may vary slightly from one Emirate to another.

Below is an overview of what every expatriate must understand before undergoing the medical examination process.

Legal Basis for Health Screening

Residency approval in the UAE is conditional upon passing specific medical tests. These screenings are intended to protect public health and ensure that individuals entering the country for long-term residence do not pose a health risk to the wider population.

According to Article 2 of the Resolution, the following conditions are routinely screened:

  • HIV/AIDS
  • Pulmonary Tuberculosis (TB)
  • Hepatitis B and C (for specific job categories)
  • Leprosy
  • Syphilis (for certain professions)
  • Pregnancy (only for domestic workers)

Each condition is treated differently under the law, depending on the associated public health risk and the applicant’s occupational category.

HIV/AIDS: Absolute Grounds for Ineligibility

All applicants must undergo HIV testing. If the result is positive, the individual is deemed medically unfit. Residency will not be granted or renewed under any circumstances. There are no exemptions or treatment-based appeals within the UAE immigration framework for HIV-positive applicants.

Tuberculosis: Treatment-Conditional Approval

The case of Tuberculosis is more nuanced. Individuals diagnosed with old or active pulmonary TB are initially considered unfit. However, if the individual complies with supervised treatment under the government’s Directly Observed Treatment, Short-course (DOTS) program, they may be granted a one-year visa labeled “subject to treatment.”

Failure to attend three consecutive follow-up appointments during treatment will result in disqualification and non-renewal of residency.

TB Exemptions

Certain individuals may be exempt from the TB disqualification criteria, including:

  • Diplomats (upon recommendation from the Ministry of Foreign Affairs)
  • Immediate family members of UAE residents (spouse, children, parents)
  • Major investors (subject to local authority approval)
  • Other individuals designated by a joint committee under the Ministry of Health

Even in exempt cases, ongoing medical monitoring is mandatory.

Hepatitis B and C: Role-Based Screening

Testing for Hepatitis B and C is only required for specific professions. These include:

  • Domestic workers
  • Babysitters
  • Kindergarten and nursery staff
  • Salon and health club employees
  • Medical professionals

If the test is positive, residency will not be granted or renewed unless the applicant changes their job category within 30 days.

Those who test negative must complete a full three-dose Hepatitis B vaccination course and provide a vaccination certificate during renewal. Failure to comply will require re-vaccination or may result in residency denial.

Leprosy and Syphilis

A positive test for leprosy results in immediate disqualification, with no exceptions allowed.

Testing for syphilis is only conducted for the same job categories mentioned above. If the result is positive, the applicant must complete treatment before being declared medically fit.

Pregnancy Screening: Domestic Workers Only

Pregnancy testing applies solely to domestic workers such as nannies, cleaners, and drivers. If a domestic worker is found to be pregnant, the employer will be notified and may decide whether to proceed or withdraw the application. The law does not prohibit employment but places the final decision with the sponsor.

Approved Testing Facilities

All tests must be carried out at government-authorized preventive medicine centers. Tests conducted abroad or at private clinics within the UAE will not be accepted.

As the residency visa process is handled by individual Emirates, the enforcement of medical standards, such as follow-ups or documentation, may vary slightly depending on the local health authority.

Certificate Validity and Data Reporting

Medical fitness certificates are valid for three months. If not submitted for visa processing within that period, the applicant must retake the tests.

Additionally, all medical results are recorded in a centralized system. The UAE government maintains detailed statistical records of disqualified applicants, categorized by nationality, gender, age, and type of illness.

Conclusion

Residency in the UAE is not solely a bureaucratic procedure. It is a regulated process underpinned by public health considerations and legal obligations. Understanding the medical screening process is essential for anyone planning to live and work in the country. The outcome may depend on the applicant’s health condition, profession, and the Emirate in which the application is processed.

For further legal insight into UAE residency requirements or to explore related immigration matters, visit our website at www.lylawyers.com.

Хранение каннабиса в ОАЭ

The UAE has historically upheld a zero-tolerance approach to drug-related offenses, including cannabis. Until recently, even small quantities of cannabis could lead to immediate imprisonment and mandatory deportation, especially for non-citizens. However, the legal framework has shifted in recent years, offering more measured and rehabilitative responses, particularly for first-time offenders and tourists.

Cabinet Resolution No. 43 of 2024, together with Federal Decree-Law No. 30 of 2021, now governs the possession and importation of narcotic and psychotropic substances, including THC and cannabis-based products, at UAE entry points.

Legal Framework: What Remains Illegal

Cannabis and its derivatives remain prohibited substances in the UAE. They are classified under various schedules of Federal Decree-Law No. 30 of 2021, including:

  • Schedule 1, Clause 29 – Cannabis, resin, and extracts
  • Schedule 4, Part 2, Clause 8 – Cannabis sativa
  • Schedule 5, Clause 34 – Tetrahydrocannabinol (THC)
  • Schedule 6, Clause 4 – Delta-9-THC and variants

This means possession, use, or distribution remains illegal—but enforcement and penalties have evolved significantly.

Cabinet Resolution No. 43 of 2024: Targeting Non-Residents at Entry Points

Cabinet Resolution No. 43 introduces a procedural framework for non-residents carrying personal-use quantities of controlled substances at UAE ports of entry (e.g., airports). It expands upon Article 96 of the 2021 law and provides a more structured, administrative handling of such cases.

Key features include:

  • Fines ranging from AED 5,000 to AED 20,000 for first-time offenders
  • Entry into the UAE permitted only after fine payment
  • Repeat violations may trigger a 2-year entry ban
  • Seizure of the substances and administrative reporting

This resolution offers a more predictable and lenient process for tourists, while maintaining strict prohibitions on use within the country.

Article 96 of the 2021 Law: Decriminalization at the Border

Article 96 marked a pivotal change – it decriminalized possession of cannabis-based products at UAE entry points, under the following conditions:

  • The items must be for personal use
  • It must be a first-time offense
  • The person must not consume the substance in the UAE

Upon detection, authorities seize the product, file an administrative report, and block entry of the substance—without criminal charges.

This applies to both tourists and residents, although Resolution 43 has added further procedural clarity for non-resident foreigners.

Quantities Table: New in 2024

Resolution 43 introduces a substance quantity table, which provides defined thresholds for permissible personal-use quantities of certain substances (e.g., CBD, low-THC items). This is a major development, especially for travelers carrying:

  • CBD lip balm
  • Oils labeled as “non-psychoactive”
  • Personal-use edibles or creams

However, any quantity exceeding the permitted limit—or mislabeled products—can still result in confiscation or investigation.

Practical Enforcement Trends (2023–2024)

Recent legal practice reveals heightened scrutiny at ports of entry:

  • Product labeling and branding are carefully examined
  • Chemical composition is tested regardless of label claims
  • Even “CBD-only” products may be seized if trace THC is present

Travelers should understand that intent is irrelevant – only the substance’s actual content matters.

Consumption and Court Penalties

Article 42 of the 2021 law sets out penalties for cannabis consumption, even in personal-use scenarios:

  • First-time offense: Jail (minimum 3 months) or fine (AED 10,000–100,000)
  • Second-time offense (within 3 years): Jail (minimum 6 months) or fine (AED 20,000–100,000)
  • Third-time or more: Jail (minimum 6 months) or fine (AED 50,000–200,000)

Importantly, courts now have discretion to issue fines instead of mandatory jail time – a significant shift from prior legislation.

Deportation: No Longer Automatic

Article 75 now allows for judicial discretion regarding deportation of non-citizens in personal-use drug cases. Specifically:

  • First-time offenses
  • Personal possession or consumption

Deportation is no longer mandatory. Courts can now waive deportation, particularly in cases of non-trafficking offenses.

Case Example: Acquittal at Dubai Airport on March 2024

A Syrian national was detained at Dubai International Airport with THC-laced vape products. Authorities charged him with possession and consumption.

  • The court cited Article 96 and found no intent to distribute.
  • It was his first offense.
  • The court acquitted him of possession, citing constitutional rights and lack of evidence beyond reasonable doubt.

This case exemplifies how the reformed legal framework is being applied in real-world cases, offering more protection for non-residents who meet the conditions of the law.

Critical Warning: Medical Cannabis Remains Prohibited

Regardless of legal prescription in one’s home country, medical cannabis is not recognized in the UAE. This includes:

  • Prescription oils or capsules
  • Inhalers or edibles
  • Cannabis-infused creams or tinctures

Travelers – especially from countries like the US, Canada, or EU – should refrain from bringing any such products into the UAE. Doing so may result in confiscation, fines, or prosecution.

Strategic Takeaways

  • Tourists: Avoid carrying THC or cannabis products, even if legal in your country.
  • Residents: Possession or consumption still carries serious penalties and potential visa implications.
  • First-time offenses: May be treated leniently, but do not rely on this.
  • Labeling matters: Even trace THC or ambiguous labeling can trigger legal action.
  • Legal counsel: Seek qualified legal representation if facing any charges.

Conclusion

Cannabis remains illegal in the UAE – but the legal landscape has evolved. There is now greater leniency, legal structure, and discretion in how the law is applied, especially for first-time offenders at UAE borders.

That said, this is not a license to take risks. If you are traveling to the UAE, leave your cannabis products at home – medical or otherwise. The consequences are real, and the legal relief now available is narrow and conditional.

Payment Orders in the UAE

Introduction
UAE creditors have a swift and effective judicial recourse to recover debts known as a payment order. In the right circumstance, a payment order allows creditors to obtain immediate court decisions to recover debts without having to go through lengthy litigation. This court tool is designed to provide a short-term solution for sure commercial creditors and preserve time and cost in pursuing debt recovery by normal court remedies.

Payment orders are most useful where there is a clear, undisputed debt supported by commercial documentation. However, they can be used only in specific legal situations and scenarios as outlined within UAE legislation and as interpreted from Dubai court rulings. This blog examines the jurisdiction, requirements, and realities around issuing payment orders under UAE legislation.

Legal Framework for Payment Orders
Payment orders are governed by Articles 143 to 150 of the UAE Civil Procedures Law No. 42 of 2022. This is a swift means of recovery of debt, but only if the debt meets strict legal criteria. The purpose of payment orders is to enable creditors to obtain an enforceable judgment speedily in cases where the debt is not in dispute and clearly ascertainable.

Conditions for a Payment Order
To make a successful payment order application, the following requirements under Article 143 of the Civil Procedures Law must be satisfied:

  • The creditor’s right must be evidenced in writing – This comprises paper documents and electronic documents.
  • The debt must be due – The payment obligation must already have matured and be payable.
  • The debt must be a determinate money or movable property – The character or value of the debt must be certain and not subject to construction.
  • The debt must be admitted in a commercial document – The document must establish a clear commercial relationship and settled debt obligation.

Judicial Interpretation and Limitations
The Dubai Courts have applied the jurisdiction of payment orders strictly, stressing that payment orders are an exceptional judicial procedure that should not be interpreted expansively to all debt disputes. The following Dubai court judgment principles are pivotal:

  • Payment orders do not apply to debts claimed or debts pending dispute regarding their validity, nature, or amount.
  • A distinction is made between commercial documents that represent a payment obligation and those that are issued as a guarantee. Payment orders only have effect where the document represents an actual debt payment obligation and not a guarantee.
  • The nature of the debt and money amount should be certain and clear and supported by clear documentation.

Court Fees for Payment Orders
In Dubai, issuing a payment order is accompanied by a court fee equivalent to 6% of the amount of the claim, payable on a minimum basis of AED 500 and a maximum of AED 40,000. This follows the customary court fees for civil claims to the Dubai Courts. There are also serious monetary implications of issuing a payment order:

  • Where a request for payment order is rejected, the court fee is non-refundable.
  • Requests for payment orders are often decided very quickly, and rejection may occur without extensive substantive adjudication.
  • It is therefore important for creditors to carefully assess whether the debt meets statutory and judicial requirements before applying for a payment order in order to avoid unnecessary spending.

That means that creditors can lose the court fee even where the court’s refusal is procedural rather than substantive. Proper scrutiny of documents and the nature of debt will minimize the risk of rejection.

Additional Judicial Clarifications
In addition to the legislation, Dubai court judgments have provided additional clarifications on procedural and substantive aspects of payment orders:

  • A creditor seeking a payment order for a confirmed commercial debt may simultaneously seek precautionary measures (e.g., freezing of assets) to safeguard the creditor’s position until the payment order is processed. This is under Articles 143(3) and 147(5) of the Civil Procedures Law.
  • When making a ruling on a payment order, the court can have three options:
    • Acceptance – Where the debt is properly documented and meets the requirements under the law.
    • Rejection – Where the debt is not properly defined or does not meet the requirements in law.
    • Partial acceptance/rejection – Where some of the conditions of the debt are met while others are not.
  • Where a court rejects a payment order request, it must issue a reasoned decision indicating the grounds of refusal. Similarly, where the court gives a decision regarding the enforceability of a commercial contract that is annexed to a payment order, it must issue a detailed explanation. The latter is required by Article 145 of the Civil Procedures Law.

Strategic Value of Payment Orders
Payment orders are an effective tool for creditors to effect speedy recovery of debts in circumstances where debts are uncontested and well-documented commercial debts. The reason payment orders are effective is that they can bypass prolonged legal procedures and achieve speedy enforcement. However, the creditors need to carefully decide on the character of the debt and follow all statutory requirements in order to avoid rejection by the court.

Also, the susceptibility to orders for precautionary measures in addition to an order of payment further safeguards the creditors against the liquidation of assets by the debtor, leaving them within reach for enforcement.

Conclusion
Short of it, payment orders are an extremely good debt recovery tool in the UAE — provided it is applied appropriately. The success formula is to submit an uncontested commercial debt under good documentation. While the courts in Dubai do take a stern view to enforcing the regulations, creditors who adhere to these guidelines are entitled to a speedy fix for debt recovery.

But with potential cost implications of rejection — including the threat of losing a court fee up to AED 40,000 — creditors have to balance with care the strength of their claim before instituting a payment order application. There has to be a wise judgment of the validity of the debt, supporting documents, and case for dispute, so that payment order process can be the optimum method of recovery.

Ликвидация компаний в ОАЭ

Introduction

Establishing a company in the UAE is relatively straightforward. The country’s business-friendly environment, strategic location, and various free zones make setting up a business a streamlined process. However, closing down a company is a different story. Business owners often discover that winding up a company involves a complex and multi-step process that requires careful planning, compliance with legal formalities, and significant costs.

In the UAE, simply letting a company’s license expire does not automatically close down the business. Instead, a formal liquidation process is required, which includes appointing a liquidator, conducting an audit, and settling all outstanding financial and regulatory obligations. This blog outlines the key steps involved in liquidating a business in the UAE and highlights why a strategic approach is essential to avoid prolonged complications.

Legal Framework for Liquidation

The liquidation of companies in the UAE is governed by the following key laws and regulations:

  • Federal Decree-Law No. 32 of 2021 on Commercial Companies – This law sets out the legal framework for corporate dissolution and liquidation of companies established onshore and in free zones.
  • Cabinet Resolution No. 58 of 2020 on the Regulation of Procedures Related to Real Beneficiaries – This law mandates that companies undergoing liquidation must disclose their ultimate beneficial owners (UBOs) and provide a final report on their shareholding structure.
  • Federal Law No. 6 of 2018 on Arbitration – If disputes arise during the liquidation process, arbitration may be pursued under the provisions of this law.
  • Free Zone Regulations – Free zones such as JAFZA, DMCC, and DIFC have their own specific rules and procedures for company liquidation.

Why Liquidation Is Necessary

When a business owner decides to close down a company in the UAE, they are legally required to go through the liquidation process. A company’s legal existence does not automatically end when its trade license expires or operations cease. Instead, the company remains liable for regulatory filings, fines, and penalties until the liquidation process is formally completed.

Failing to liquidate a company properly can result in:

  • Accumulation of fines and penalties from licensing and regulatory authorities under Article 312 of Federal Decree-Law No. 32 of 2021.
  • Legal liability for outstanding debts, contracts, and employee dues under Article 314 of Federal Decree-Law No. 32 of 2021.
  • Restrictions on the business owner’s ability to open future companies or secure new licenses in the UAE.
  • Negative impact on the company’s shareholders and directors, including potential travel bans or financial penalties.

Key Steps in the Liquidation Process

Liquidation in the UAE involves a structured process that requires compliance with both federal and free zone regulations. The key steps are outlined below:

1. Appointment of a Liquidator

  • A licensed and registered liquidator must be appointed to oversee the liquidation process, as required under Article 326 of Federal Decree-Law No. 32 of 2021.
  • The appointment requires a formal resolution by the company’s shareholders, which must be notarized and submitted to the relevant authority (e.g., JAFZA, DMCC, DED).
  • The liquidator’s role includes preparing the final audit report, confirming that all debts and liabilities have been settled, and issuing a liquidation certificate.

2. Financial Audit and Final Accounts

  • The appointed liquidator must prepare a financial audit report, confirming the company’s financial position and that all outstanding debts have been settled.
  • The audit report should confirm that the company holds no liabilities, including employee end-of-service benefits, taxes, and contractual obligations.
  • The audit must be submitted to the licensing authority as part of the liquidation application, as required by Article 327 of Federal Decree-Law No. 32 of 2021.

3. Clearance from Government Authorities

Before submitting the final liquidation request, the company must secure clearance from various government bodies, which may include:

  • Federal Tax Authority (FTA) – Ensuring that VAT and corporate tax obligations are settled under Federal Decree-Law No. 8 of 2017 on VAT and Federal Decree-Law No. 47 of 2022 on Corporate Tax.
  • Ministry of Human Resources and Emiratisation (MOHRE) – Confirming that all employee contracts have been terminated and dues have been paid under Federal Decree-Law No. 33 of 2021 on Labour Relations.
  • General Directorate of Residency and Foreigners Affairs (GDRFA) – Cancelling visas for employees and dependents.
  • Free zone or mainland licensing authority – Ensuring that all annual fees, licensing costs, and other charges have been settled.

4. Liquidation Resolution and Cover Letter

  • A formal resolution to liquidate the company must be drafted and approved by the shareholders, as required by Article 328 of Federal Decree-Law No. 32 of 2021.
  • The resolution should authorize the appointment of the liquidator and confirm the company’s intent to close.
  • A cover letter addressed to the licensing authority (e.g., JAFZA) must accompany the resolution, explaining the reason for the liquidation and the steps taken to comply with legal requirements.

5. Submission of Original Documents

  • The company must provide original incorporation documents, including the trade license, memorandum of association (MOA), and any amendments.
  • Scanned copies of these documents should be prepared for submission through the licensing authority’s online portal.

6. Letter from the Liquidator

  • Once appointed, the liquidator should issue a formal letter confirming that they have been engaged and are working on the liquidation report.
  • This letter can help expedite the processing of the liquidation request with the licensing authority.

7. Filing the Liquidation Request

  • After completing the above steps, the company can file the liquidation request with the relevant licensing authority.
  • The request should include the audit report, clearance certificates, liquidator appointment letter, and resolution to liquidate.
  • The authority will review the request and either approve or request additional documentation.

8. Response to Compliance Requirements

  • Once the liquidation request is submitted, the company should respond to any additional compliance inquiries from the licensing authority.
  • This includes providing clarification on any outstanding liabilities, employee settlements, or regulatory filings.
  • The licensing authority will issue a final decision confirming the company’s status.

Court Fees and Costs Involved

Liquidation of a company in the UAE is not only time-consuming but also costly. Business owners should be prepared for the following expenses:

  • Liquidator Fees – Professional fees for the liquidator’s appointment and preparation of the audit report.
  • Audit Fees – Fees for preparing the financial audit report.
  • Government Clearance Fees – Fees for securing clearance from the FTA, MOHRE, and other authorities.
  • Licensing Authority Fees – Fees for processing the liquidation request and issuing the final liquidation certificate.

Why Letting a Trade License Expire Is Not Enough

A common misconception is that allowing a company’s trade license to expire will automatically close down the business. In reality:

  • The company remains legally active until it is formally liquidated.
  • Regulatory authorities will continue to impose penalties for non-compliance, including failure to renew the trade license.
  • The company’s directors and shareholders remain liable for outstanding debts and legal claims until the liquidation process is finalized under Article 330 of Federal Decree-Law No. 32 of 2021.

Conclusion

Liquidation of a company in the UAE is far more complex than setting one up. While establishing a business is often promoted as a seamless process, winding it down requires careful legal and financial planning. The involvement of a licensed liquidator, the preparation of final accounts, securing government clearance, and the payment of substantial fees are all necessary steps to formally close a company.

Business owners should take a strategic approach to liquidation, ensuring that they meet all legal requirements to avoid ongoing liabilities and penalties. Simply allowing a trade license to expire is not enough — without proper liquidation, the company’s legal existence and financial obligations will continue to accrue. With the right planning and legal support, business owners can navigate the liquidation process efficiently and minimize risks associated with business closure in the UAE.