Recent Amendments Provide Families a Flexible Path to Legal Compliance in Residency Status
Pavitra Shetty
Published on October 15, 2024, 15:21:09
The Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP-UAE) has introduced significant amendments to the regulations concerning residency violations related to children in the UAE. Under these new provisions, the head of a family who has violated residency laws can now transfer the sponsorship of their children to the mother, provided she is employed and holds a valid residency in the UAE.
Key Changes in Residency Regulations
In a recent announcement, the ICP clarified that if the head of the family—who may be in violation of residency laws—wishes to leave the country with his family, or if the children need to regularize their residency status, the sponsorship can now be transferred to the mother. This amendment allows families to maintain their legal residency status, ensuring that children can remain in the UAE under the mother's sponsorship, even if the father is a residency violator.
The Authority further explained that in cases where the head of the family, such as the father, violates residency laws but wishes to leave the country with his family, exit permits must be applied for. These permits allow the family to depart without facing fines or fees, provided they act within the grace period established for regularizing their status.
Regularizing Residency Status
If the father violates residency laws and the children need to adjust their legal status, the mother can take on the sponsorship if she is employed. This offers a crucial legal remedy for families facing residency issues and ensures that children can continue living in the UAE without interruptions.
The ICP emphasized that the grace period for regularizing residency status remains in effect until October 31, 2024. Family members can either leave the UAE or take steps to regularize their residency during this time, without facing penalties. The grace period was implemented to create a flexible legal environment, promoting security, social stability, and respect for the law in the UAE.
Options for Violating Workers
In the case of violating workers who wish to remain in the UAE, employers are responsible for applying for work permit renewals through the Ministry of Human Resources and Emiratization. This ensures that the contractual relationship between the employer and the worker can continue, provided the necessary legal steps are followed.
If an employer chooses to cancel the violating worker's permit or reports work abandonment, they must submit a request for work permit cancellation through the Ministry's established channels. Workers who intend to leave the UAE can apply for exit permits through the Authority’s systems.
For those wishing to transfer to a new employer, the new employer must apply for a work permit issuance service. The ICP has urged all violating workers and their employers to take advantage of the remaining days of the grace period to regularize their legal status before the deadline.
No Extension of Grace Period
The ICP reiterated that the grace period for correcting residency status will end on October 31, 2024, and there will be no extension granted. As of November 1, 2024, the UAE will launch intensive campaigns to apprehend violators. Fines will be re-imposed on individuals who have not taken steps to regularize their status by the end of the grace period.
The Authority highlighted that during the grace period, beneficiaries are offered several key advantages, including exemption from fines and the assurance that no re-entry ban will be imposed when leaving the UAE. These benefits are part of the UAE’s broader efforts to maintain a secure, socially stable, and legally compliant environment while showcasing the nation’s commitment to humanitarian values.
Promoting Social and Economic Stability
In its media statement, the ICP emphasized that the goal of the grace period and the amendments to residency regulations are to foster a legal environment that promotes security, social cohesion, and economic stability in the UAE. These efforts also reflect the country's commitment to tolerance, compassion, and respect for the law, reinforcing the UAE’s reputation as a forward-thinking and humane society.
The Federal Authority for Identity, Citizenship, Customs, and Port Security encourages all residency violators to act promptly, utilizing the remaining days of the grace period to regularize their status and avoid penalties, while also ensuring their continued presence in the UAE is legal and secure.
With the introduction of these new residency amendments, families in the UAE facing residency issues now have a clearer and more flexible path to legal compliance, ensuring that children can remain under their mother's sponsorship if the father is unable to maintain their residency status.
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