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Who can live or reside in the UAE?

Foreigners can live as residents in the UAE if they are:

• employed by a company in the UAE - in this case, the company will apply and sponsor your residence visa while you are in the UAE.
• employed by the government sector - in this case, the government entity will apply and sponsor your visa while you are in the UAE.
• investors in a business in the UAE - in this case, the investor himself will process and apply for his own visa under the sponsorship of his company's registered name.
• buy a property in the UAE - in this case, the property owner's residence visa will be sponsored under the property he owns.
• dependents that are sponsored by: someone who is employed in the UAE, an investor/business owner in the UAE, a property owner in the UAE. Dependents include children, parents, maids and close relatives.
• university students sponsored by their universities in the UAE - in this case, the university will apply and sponsor your visa under the educational institution's name.
• retired residents – in this case, special conditions apply.

Note that a residence visa is issued to a foreigner when he/she is already inside the country after entering the UAE via an entry permit, short or long-term tourist or visit visa. 

Conditions for getting a residence visa

A residence visa requires applicants who are 18 and above to undergo a medical test to prove that they are medically fit. They must also pass a security check and apply for an Emirates ID card from Federal Authority for Identity and Citizenship.

Validity of a residence visa

The validity of stay on a residence visa varies according to its type and the sponsor. It can be for 1, 2 or 3 years, or up to 5 or 10 years without a sponsor.
According to recent changes, a residence visa can also be issued for 5 and 10 years subject to certain conditions. Learn about long-term residence visas, and 5-year retirement visa in the UAE.

Benefits of having a UAE residence visa

Being a legitimate resident in the UAE will entitle you to:

• open a bank account
• access financial facilities
• apply for a driving licence
• access government health services and health insurance
• register his/her children in government schools and in private schools
• work and invest
• travel visa–free to certain destinations (check with foreign embassies in the UAE).

Work permit for a new job

Ministry of Human Resources and Emiratisation (MoHRE) issues work permits. The employer needs to apply to MoHRE for the work permit.

Under Article 1 of Ministerial Decree No. 766 of 2015, an employee whose employment was terminated because of expiry of his contract, whether limited or non-limited can get a new work permit when he wishes to join new employment.

An employee can also get a new work permit for all limited and non-limited contracts if:

• it is determined that the employer has failed to meet the legal and contractual obligations, including but not limited to failure to pay wages for more than 60 days
• MoHRE confirms that the employer has not provided work due to the firm being inactive for more than two months and if the worker reports to the ministry during this period
• the final ruling in a labour case (which MoHRE referred to the Labour Court on the basis of a complaint) is in favour of the employee and where the case pertains to early termination or outstanding wages which are less than two months of dues for end of service.

If the employee is in the UAE, he must maintain a status which allows him to transfer his residency to a different sponsor

New permits for unskilled workers

A new permit can be granted when both the worker and the employer mutually consent to terminating the contract during the term provided that the worker has completed at least six months employment.

The ministerial decree notes that a new permit can be issued to a worker whose employer terminated him unfairly, without the need to complete six months.

New permits for skilled workers

The requirement of six months employment is waived if workers qualify for the skill set series 1, 2 or 3 as classified by the ministerial decree, which denotes holding a university degree, post-secondary diploma or high school diploma respectively. This is applicable if the employee fulfills his contractual commitments.

Is there a maximum age for expatriates to get a work permit?

The UAE's Labour Law No. 8 of 1980, as amended does not specify a particular age to terminate employment contracts on the basis of age or seniority. As per Ministry of Human Resources and Emiratisation (MoHRE), the fees for issuing an initial approval for a work permit for those who are 65 and above is AED 5,000 every two years.

Procuring a work visa

Procuring a work visa involves MoHRE and the General Directorate of Residency and Foreigners Affairs (GDRFA) of the emirate where a person is employed.

The process starts with procuring a work permit for an expatriate from MoHRE. The work permit allows the holder to enter the UAE for employment and it is valid for two months from the date of issue.

After the employee enters the UAE on the basis of the work permit, the sponsoring company arranges to complete the formalities of medical testing, obtaining UAE Resident Identity (Emirates ID) Card, Labour Card and stamping the work residency permit on his passport within a scope of 60 days. The work residency permit on the employee's passport denotes that he is sponsored by the company he is employed by.

Work visas - offshore

To expedite the process of work visas, MoHRE and Ministry of Foreign Affairs and International Cooperation have set up centres outside the UAE. At the centres, employees would be able to know their rights, duties and terms and conditions of employment and all privileges they are entitled to, in the language they understand. This mechanism ensures a transparent contractual relation between employers and employees and prevents any fraudulent attempt to replace job offers upon the arrival of the employee in the UAE.

Source:
https://u.ae/en/information-and-services/moving-to-the-uae/how-to-become-a-resident-in-the-uae

Last Updated on 28-Oct-2021

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