Should be allowed to work an expat in UAE while holding visit visa…?

As per current rules, working while in the UAE on a visit visa is illegal; hefty fines and other penalties apply on companies that hire visitors

A top official has highlighted the benefits of allowing visit visa holders to work legally in the UAE. A work permit in this regard and other legal conditions could be established to allow employers to hire visitors legally.

As per current rules, working while in the UAE on a visit visa is illegal. Hefty fines and other penalties apply on companies that hire visitors. Companies have to get an employment visa and work permit issued before an employee starts working for them.

Dr Ali Humaid bin Khatem, advocate-general, head of Naturalization and Residency Prosecution, said allowing companies to hire visitors legally would help create a mutually beneficial relationship. “Business owners need a start and our country has a lot of tourists looking for jobs. This way, both parties can benefit.” He made the suggestion at the Entrepreneurship Makers Forum hosted by the General Directorate of Residency and Foreigners Affairs (GDRFA) Dubai in Al Khawaneej earlier this week.

The official, however, cautioned business owners against employing visitors as the current laws don’t allow it.

“Visit or tourist entry permit/ visa does not give you the right to work in the UAE. Dh50,000 fine per individual is levied against any enterprise found employing a person on a visit visa. Never start off wrong, these regulations and laws were designed to protect business owner and employees.”

Dr. Ali Humaid Bin Khatem, Advocate-General, Head of Naturalization And Residency Prosecution

Fake Emiratisation

During a panel discussion at the forum, Dr Ali Humaid also expressed concerns about bogus Emiratisation. Emiratisation is considered fake when a UAE national works in a nominal job without real tasks; it’s done solely to meet a company’s Emiratisation targets. It is also deemed fake if a UAE national is rehired in the same company to circumvent Emiratisation targets.

In November last year, the Ministry of Human Resources and Emiratisation said it referred 113 private companies to the Public Prosecution for violating Emiratisation decisions. These included 98 private companies that appointed citizens in bogus Emiratisation posts.

Challenges faced

The second edition of the Entrepreneurship Makers Forum discussed the most prominent challenges faced by young businesspeople and ways to address them.

Lieutenant-General Mohammed Ahmed Al Marri, director-general of the GDRFA, highlighted how content creators “bear a significant responsibility to bolster entrepreneurial innovators, amplify their influence, and empower them”.

Essam Lootah, CEO of Imtiaz Service, discussed the crucial role of legislation and legal frameworks in supporting youth initiatives and strengthening sustainable development.

Visas (Residency) that allow expats to work UAE

The expat community is growing rapidly in the Emirates, which attributed to residence visa changes and civil law reforms

The UAE is home to over 9.06 million expats from 200 countries worldwide and offers exceptional living standards. The expat community is experiencing rapid growth in the Emirates and is attributed to residence visa changes and civil law reforms.

A residence visa is issued to people already in the country after entering the UAE on an entry or tourist visa. It allows them to live and work in the country and can last from two to ten years, depending on the sponsor and the type of permit.

1. Green Visa for work

The Green Visa is a type of residence visa that allows holder to self-sponsor for five years, eliminating the need for a UAE national or employer to sponsor their visas. It is designed to attract highly skilled professionals, investors, entrepreneurs, and students to the country.

Who can apply for a Green Visa?
Freelancers, self-employed and skilled employees can apply for a Green visa.

1. Freelancers and/or self-employed people
Freelancers and/or self-employed people who wish to apply for a Green visa need to submit:

• A freelance/self-employment permit from Ministry of Human Resources and Emiratisation
• Proof of a bachelor’s degree or a specialized diploma
• Evidence of annual income from self-employment for the previous two years amounting to not less than Dh360,000, or proof of financial solvency throughout their stay in the UAE.

2. Skilled employees
To apply for a Green visa, skilled employees must:

• Have a valid employment contract
• Be classified in the first, second or third occupational level as per Ministry of Human Resources and Emiratization
• Hold a minimum of bachelor’s degree or equivalent
• Have a salary of not less than Dh15,000 per month.

The visa is renewable for the same term upon its expiry.

2. Standard work visa

An expat can get a normal employment visa, usually for two years, if he/she is:

• Employed in the private sector; Apply for a residency visa for a person working in the private sector – GDRFAD Dubai
• Employed in the government sector or a free zone; Apply for a residency visa for an individual in (free zone) – GDRFAD Dubai

The employer must apply for the standard residence visa.

3. Golden Visa

The UAE’s Golden Visa is a long-term residence visa which enables foreign talents to live, work or study in the UAE while enjoying exclusive benefits which include:

• An entry visa for six months with multiple entries to proceed with residence issuance
• A long-term, renewable residence visa valid for 5 or 10 years
• The privilege of not needing a sponsor
• The ability to stay outside the UAE for more than the usual period of six months in order to keep their residence visa valid
• The ability to sponsor their family members, including spouses and children regardless of their ages
• The ability to sponsor unlimited number of domestic helpers
• The permit for family members to stay in the UAE until the end of their permit duration, if the primary holder of the Golden visa passes away.

Golden Visa requirements
The requirements to obtain a work permit through the Ministry of Human Resources and Emiritisation (MoHRE) for a UAE golden residency visa holder are:

1. A clear coloured photo with a white background
2. A copy of a valid passport that must be valid for at least six months with a copy of a valid residency (Golden) Visa
3. Approved employment contract issued by the Ministry, which includes both the employer’s and employee’s signature
4. Academic Certificates: A clear certificate bearing the name of the employee, attested by the Ministry of Foreign Affairs and International Cooperation for the following skill levels:

Skill levels (1 & 2):
Bachelor Degree or higher attested by the competent authorities;

Skill level (3 & 4):
Diploma graduate or higher – attested by the competent authorities

Skill level (5):
High school certificate – attested by the competent authorities

5. Professional license issued by the competent authority, for example doctor, nurse, etc (professional license issued by the Ministry of Health – Department of Health)/Teacher, teacher assistant (Ministry of Education- Knowledge Authority (Dubai) – Abu Dhabi Education Council – Sharjah Education Council), Fitness Trainer (Youth and Sports Authority)/Advocate (Ministry of Justice).

4. Domestic worker visa

UAE has specific visa regulations for domestic workers. These regulations aim to protect the rights and welfare of domestic workers, who often come from other countries to work in the UAE.

Domestic workers in the UAE are typically sponsored by their employers. This means that their visa is tied to their employment with a specific household. Here are some key points regarding domestic worker visas in the UAE:

• The expat looking to be a sponsor has to earn a salary that’s at least Dh25,000
• The domestic worker cannot be related to the person sponsoring them
• The sponsor has to be a UAE resident already who lives with their family
• If the domestic worker is a private driver, then the sponsor must have two personal cars registered under their name in the UAE.

Non-work residency visas available for expats

All non-work permit categories can be renewed provided they continue to meet the requirements

To establish the UAE as a premier destination for work, investment, entrepreneurship, education, and lifestyle, the Emirates has introduced a significant expansion of its visa scheme. With more than 9.06 million expats currently residing in the country, the UAE will only witness the community grow rapidly.

With the aim to attract global and retain talents and experts from all over the world the UAE launched several visa options. This expansion of visa schemes enables expats to experience a high standard of living without the necessity of a work visa.

As part of the non-work visa scheme, people can also retire safely and comfortably in the UAE. All non-work visa categories can be renewed provided they continue to meet the requirements. Below are the visa categories that do not require a work contact.

1. Remote work visa

A remote work visa, also known as the ‘virtual working programme’, allows the holder to work remotely for their current employer and relocate to the UAE. As a result, foreigners will be allowed to enter the UAE on their own initiative and work in accordance with their visa requirements.

Visa duration: 1 years

Eligibility: Applicants will need the following:

1. Passport with a minimum of 6 months validity.
2. Health insurance with UAE coverage validity.

For employees:

• Proof of employment from a current employer with a one-year contract validity, a minimum of $3,500 per month salary, last month’s payslip and 3 preceding months’ bank statements.

For business owners:

• Proof of ownership of the company for one year or more, subject to extension, with an average monthly income of $3,500 per month or its equivalent in foreign currencies and 3 preceding months’ bank statements.
• Proof of work/employment outside the United Arab Emirates and that the work is conducted remotely.
• If applying for permits for family members, applicants are required to submit their valid health insurance and passport along with fee payment for each member.

How to apply

1. Log onto the General Directorate of Residency and Foreigners Affairs – Dubai (GDRFAD) portal.
2. Create a username and password.
3. Choose the service required labelled ‘Golden Visa’.
4. Submit documents required and pay subsequent fees.

Non-work visa applications can be submitted as per the rules and regulations of the Federal Authority for Identity, Citizenship, Customs & Port Security on their website: https://icp.gov.ae

2. Retirement visa

Retired foreigners can apply for a long-term visa of 5 years. For a retiree to be eligible for the retirement visa in Dubai, he/she must:

1. Either have worked for not less than 15 years inside or outside the UAE, or be 55 years old or more at the time of retirement and
2. Own a property/properties of no less than Dh1 million or
3. Have financial savings of no less than Dh1 million or
4. Have a monthly income of Dh20,000 (15,000 a month for Dubai).

The visa is valid for 5 years with the possibility of renewing it if they meet the eligibility criteria.

Requirements
To apply for the retirement residence visa in Abu Dhabi, you will need to provide:

• For fixed deposits:
  A statement issued by a bank licensed to operate in or out of the UAE showing a deposit of at least Dh1,000,000 or its equivalent in foreign currencies and that the deposit will remain for a period of not less than two (2) years.
  
• For real estate:
  A real estate unit value certificate issued by the Department of Municipalities and Transport (DMT) or any other competent authority in charge of real estate registration in the UAE.

A search certificate issued by the Department of Municipalities and Transport (DMT) or any other competent authority in charge of real estate registration in the UAE proving that the property is not subject to seizure by any judicial authority and has a value of at least Dh1,000,000.

• For annual income:
  A bank statement proving an annual income of no less than Dh240,000 or its equivalent in other currencies.

How to apply
Non-work visa applications can be submitted as per the rules and regulations of the Federal Authority for Identity, Citizenship, Customs & Port Security on their website: https://icp.gov.ae or through GDRFA or thought DLD (Dubai Land Department)

3. Student visa

Outstanding students and all-round high achievers are eligible for student visas. Students graduating from public or private secondary school with a final grade of 95% or above or a university student with a distinctive UAE or international university-awarded GPA of at least 3.75 qualify for the five-year study visa.

If you are an exceptional student, you could well be eligible for a 10-year residency visa.

Applying for a visa
Students from outside the UAE will need to apply for a Student Residency Visa. GCC nationals do not require a visa, while outstanding students are eligible for a 5 year visa.

Student Affairs offices at universities will facilitate the process to assist students with their visa. Elements required to process a visa include an official admission letter from the university they will be studying at, a medical fitness test, a visa sponsor (which can either be the university or a relative who is a resident), and approval of the General Directorate of Residency and Foreigners Affairs (GDRFA) Dubai.

4. Jobseeker visit visa

Foreigners are granted a visit visa to search for a job without requiring a host/sponsor in the country, for one trip. You can apply for a job-seeker visa with a validity of either 60, 90 or 120 days.

Eligibility for a jobseeker visa:
To get a visit visa for the purpose of exploring job opportunities, the applicant must fulfil the following conditions:

• He/ she must be in the first, second or third skill level as per the Ministry of Human Resources and Emiratization (MOHRE) professional levels of jobs, or
• A graduate from the best 500 universities in the world according to the classification approved by the Ministry of Education and must have graduated within the last 2 years.
• He/ she must hold a bachelor’s degree or its equivalent
• He/ she must fulfil the prescribed financial guarantee.

Required documents

• A colored photo
• A copy of the applicant’s passport
• Qualification certificate (attested)

5. Green Visa

The Green Visa is a type of residence visa that allows holder to self-sponsor for five years, eliminating the need for a UAE national or employer to sponsor their visas. It is designed to attract highly skilled professionals, investors, entrepreneurs, and top students to the country.

Benefits for this long-term residency include the ability to sponsor sons up to age 25 and unmarried daughters, regardless of age.

In addition to facilitating and simplifying the requirements of all residence types, the visa offers longer flexible grace periods that reach up to 6 months to stay in the country after the residence permit is cancelled or expired to facilitate family members’ residence.

6. Golden Visa

Though about the process of this visa already explained; Since its launch in 2019, the UAE’s much sought-after Golden Visa has been awarded to thousands of investors, professionals, students and entrepreneurs.

The 10-year visa offers various advantages for holders, including issuing residence permits for family members, including spouses and children. The age limit for sponsored children has been increased from 18 to 25 years, and there is no age restriction for unmarried daughters. Residence permits are granted to children of determination, regardless of their age. The Golden Residence remains valid without any limitations on the maximum duration of stay outside the UAE.

Professionals working in healthcare, media, IT and other industries with a monthly salary of Dh30,000 or above are eligible for the Golden Visa.

This golden residency scheme is renewable and reserved for certain categories ranging from investors with a minimum of Dh2 million investment, entrepreneurs, outstanding students and graduates, humanitarian pioneers, scientists, frontline workers, Covid-19 heroes, and exceptionally talented students and first-degree relatives.