UAE Visit Visa Overstay: Who Bears the Fine if an Employer Fails to Process a Worker’s Residency Before the Visa Expires?

A growing number of expatriates in the UAE find themselves in legal uncertainty after accepting job offers while on visit visas, only to discover later that their residency permits were never processed. Under the UAE’s current immigration framework, the law places primary responsibility for maintaining valid residency status on the individual, even if an employer fails to complete visa formalities.

The issue is governed by Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners, along with its Executive Regulations issued under Cabinet Resolution No. (65) of 2022. Together, these provisions clearly state that a foreign national must leave the UAE upon expiry or cancellation of a visa unless a valid residence permit has been legally obtained.

In practical terms, this means that a person who enters the UAE on a visit visa must either exit the country before the visa expires or ensure that their residency visa has been formally issued and activated in accordance with the law. Merely receiving a job offer letter or signing an employment contract does not confer legal residency status. Until the employment residence permit is officially approved and stamped (or issued digitally under the new system), the individual remains on visit status.

Under Article 5 of the 2021 law, a foreigner is required to leave the country upon visa expiry unless they have secured a lawful residence permit. Failure to do so may result in administrative penalties. Article 64 of the Executive Regulations empowers the Federal Authority for Identity, Nationality, Customs and Ports Security (ICP) to impose an overstay fine of up to Dh100 per day for each day of illegal residence, calculated from the day following visa expiry.

This daily fine can accumulate quickly, particularly in cases where the individual was unaware that their employer had not initiated or completed the residency process. In some instances, individuals may also face an “absconding” report if the employment relationship breaks down or if the employer files a complaint with the relevant authorities.

However, while the law places the obligation to maintain lawful status on the individual, UAE authorities do retain discretionary powers. In situations where the overstay occurred due to the fault or negligence of a prospective employer — such as failure to apply for or finalise the employment visa despite a signed offer — the affected individual may approach the ICP or the General Directorate of Residency and Foreigners Affairs (GDRFA) to request relief.

Applicants seeking a fine reduction or waiver should submit all supporting documents, including:

• The signed offer letter or employment contract
• Proof of communication with the employer regarding visa processing
• Any evidence demonstrating that the overstay was unintentional
  
  

Authorities assess such requests on a case-by-case basis. If satisfied that the individual acted in good faith and that the delay was not deliberate, they may reduce or waive the accumulated fines. That said, there is no automatic exemption, and each case is evaluated based on its merits.

Importantly, the law does not transfer financial liability for overstay fines to the employer under immigration regulations. While separate labour remedies may exist if an employer breaches contractual obligations, immigration compliance remains the individual’s legal responsibility.

For those facing substantial overstay penalties and financial hardship, early engagement with immigration authorities is advisable. Regularising one’s status — either by exiting the country, obtaining a new legal visa, or applying for a fine reconsideration — is critical to avoiding further legal consequences.

The UAE’s updated immigration regime emphasises clarity and individual accountability. While employers play a key role in sponsoring residency, foreign nationals must actively monitor their visa status to ensure they do not inadvertently fall into violation of the law.

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