Key Legal Considerations for Securing Work and Residency Visas in Dubai
Pavitra Shetty
Published on August 29, 2024, 12:36:28
If you're considering taking up a job in Dubai, it's crucial to understand the legal requirements surrounding residency and work visas. Here's a detailed overview of what you need to know:
Residency and Work Visa Requirements
In the UAE, foreign nationals are legally required to hold both a residency visa and a work permit to work in the country. The residency visa must be provided by an employer, a spouse, or another legal sponsor, and it is accompanied by a work permit issued by the employer.
Employer Responsibilities
The employer is responsible for initiating the residency visa and work permit process. The application for these documents must be made at the start of employment. It's important to note that it is illegal for employees to begin working without these documents, even if they are in a probationary period.
Legal Consequences
The UAE Federal Government enforces strict regulations regarding employment without proper documentation. Under Federal Decree Law No 7 of 2007, which amended the Immigration Law, employers face significant penalties for failing to obtain the necessary visas and permits. Fines for non-compliance have been increased from Dh10,000 to Dh50,000, and additional penalties can be imposed by the Ministry of Human Resources and Emiratisation.
For repeated offenses, fines can escalate, and in severe cases, criminal proceedings and deportation may be pursued against foreign company owners. UAE citizens involved in such practices may face imprisonment.
Employees working without a valid visa and work permit also face serious consequences, including fines, a labour ban, and potential imprisonment of up to one month, with the possibility of extension.
Risks of Working Without a Visa
Employers who instruct new employees to work without a visa are violating the law and exposing both themselves and their employees to significant risks. Working without the proper documentation leaves employees unprotected by labour laws and subject to legal penalties.
Advice for Prospective Employees
If an employer indicates that you should start work before obtaining a residency visa and work permit, this is a significant red flag. Such practices are illegal and can lead to severe consequences for both you and the employer. It is advisable to seek employment with a company that adheres to legal requirements and ensures that all necessary visas and permits are arranged before you commence work.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
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