UAE Visa Penalty: Employee or Employer Responsibility?

Entering the UAE on a tourist visa and joining a company after receiving a formal job offer requires obtaining legal residency. If the employer fails to process your residency visa, you may face heavy overstay penalties and even be considered an absconder.

According to Article 5 of Federal Law No. 29 of 2021 regarding the entry and residency of foreign nationals in the UAE, every individual must leave the country after the expiration of their tourist visa unless they have obtained a valid residency permit. Failure to comply with this law can result in administrative penalties by the General Directorate of Residency and Foreigners Affairs (GDRFA) or the Federal Authority for Identity and Citizenship (ICP).

According to Article 64 of Cabinet Resolution No. 65 of 2022, the overstay penalty is calculated at up to 100 dirhams for each day of illegal stay. If the employer has delayed processing the residency visa, you can approach GDRFA or ICP with a job offer letter, employment documents, and correspondence related to the visa application.

UAE authorities have the discretion to reduce or waive the penalty if it is proven that the overstay was unintentional and due to the employer's fault. However, the responsibility for leaving the country before the expiration of the tourist visa lies with you. It is advisable to always monitor your visa and residency status in Dubai to avoid legal issues.

Source: Gulf Times