UAE Divorce and Residency Visas Explained: What Happens to a Wife’s Residency Status, Visa Rights and Sponsorship After Divorce

Divorce can have significant legal and residency implications for expatriate families living in the UAE, particularly where a woman’s residence visa is sponsored by her husband. UAE law clearly sets out what happens to a wife’s residency status following divorce, as well as the limits of a former spouse’s legal obligations.

Residency status after divorce

Under Cabinet Resolution No. 65 of 2022, which issued the Executive Regulations of Federal Law by Decree No. 29 of 2021 on the Entry and Residence of Foreigners, a woman who is residing in the UAE on her husband’s sponsorship at the time of divorce is entitled to apply for a one-year extension of her residence visa.

This extension is a statutory right and is designed to give divorced women sufficient time to regularise their residency status, whether by securing employment, obtaining a new sponsor, or making arrangements to leave the country if necessary.

Importantly, the one-year grace period begins from the official date on which the divorce is finalised, not from the date of separation or the start of divorce proceedings.

Can a former husband continue sponsorship?

Once the divorce is legally completed, a husband should not continue to sponsor his former wife’s residence visa. UAE immigration law does not envisage post-divorce spousal sponsorship, and there is no legal mechanism that allows a court to compel a former husband to sponsor his ex-wife’s visa.

While mutual agreements may exist between parties on financial or family matters, residency sponsorship does not fall within enforceable post-divorce obligations under UAE immigration regulations.

Sponsorship of children after divorce

The legal position is different when it comes to children. A father may continue to sponsor the residence visas of his children following a divorce, provided he meets the relevant sponsorship requirements set by immigration authorities.

The decision to sponsor children’s visas is not automatically linked to the former spouse’s residency status, and a father may legally choose to sponsor the children while declining to sponsor the ex-wife.

Maintenance, custody and personal status rights

Although UAE residency law does not compel post-divorce spousal sponsorship, divorced women may still have enforceable rights under UAE personal status laws, particularly in relation to:

• Child maintenance
• Alimony
• Child custody and guardianship
  
  

These matters are governed by Federal Law No. 28 of 2005 on Personal Status (primarily applicable to Muslims) and Federal Law No. 41 of 2022 on Civil Personal Status (applicable to non-Muslims). Given the complexity of these laws, affected individuals are advised to seek guidance from a qualified legal practitioner in the UAE.

 

Where to seek clarification

 

For residency-specific questions, divorced women may contact the General Directorate of Residency and Foreigners Affairs (GDRFA) in their respective emirate. Immigration authorities can provide official guidance on visa extensions, documentation requirements, and available options once the one-year post-divorce extension expires.

Key takeaway

UAE law provides divorced women with a one-year residence visa extension following divorce but does not allow courts to compel a former husband to continue sponsorship. While fathers may sponsor their children’s visas, former spouses must make independent arrangements for their residency, alongside seeking legal advice on financial and custody-related rights arising from divorce.

 

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.