UAE Law Ties Family Residency to Sponsor’s Status: Dependents Cannot Stay Once Sponsor Relocates or Cancels Residency

For many expatriates in the UAE, relocating abroad for work can raise complex questions about family residency. Imagine a father who has lived and worked in Dubai for years, and now secures a job in another country. While he prepares to move, he hopes his spouse and school-going children can remain in the UAE to finish the academic year. Under UAE law, however, the residency of family members is closely tied to the sponsor’s status, and careful planning is required to avoid legal complications.

According to Federal Decree-Law No. (29) of 2021 Regarding Entry and Residence of Aliens, any individual whose visa or residence permit has expired or been cancelled must either initiate renewal, if eligible, or leave the UAE. Failure to comply results in an administrative fine for each day of illegal stay, as stipulated in Article 11 of the law.

 

Further clarification comes from Article 54(3) of Cabinet Resolution No. (65) of 2022, which implements the federal law. The regulation states: “The family members' residence permit shall be granted for the same period of residence as the guarantor/head of the family, and in all cases, the validity term of residence for family members shall not exceed the validity term of the residence of the guarantor/head of the family.”

 

This means that once a sponsor’s residence permit is cancelled or expires, dependent family members’ residency automatically becomes invalid, regardless of when their visas were issued.

 

Options for Maintaining Family Residency

Expat families in the UAE have several options to manage residency during sponsor relocation:

 

1. Alternative Sponsorship Through the Spouse: If the sponsor relocates, the spouse may apply to become the new sponsor, provided she meets the employment and eligibility requirements under UAE law. This enables continued residency for children and the spouse.

2. Consular Support: Embassies and consulates can assist families in navigating visa extensions or provide guidance on maintaining residency, particularly for children enrolled in schools, offering potential solutions on compassionate grounds.

3. Proactive Planning: Coordination with employers and timely processing of visa cancellations and new applications is essential to avoid lapses in legal residency, fines, or disruptions to schooling.

 

Implications

The UAE’s legal framework ensures that family residency remains contingent on the primary sponsor’s status. Families planning to relocate abroad must carefully consider alternative sponsorship or consular support to comply with immigration regulations while ensuring children’s education continues uninterrupted.

 

 

For any enquiries please fill out this form, or contact info@thelawreporters.com and  Follow  The Law Reporters on WhatsApp Channels