Introduction
Federal Decree-Law No. 29 of 2021 on the Entry and Residence of Foreigners regulates the entry, residence, and employment of foreigners in the UAE. This law establishes comprehensive rules and regulations. It also regulates amnesty campaigns to provide opportunities for individuals to regularize their residential status.
Overview of the Law
Under Article 7, the issuance of entry permits and visas to foreigners is regulated by the General Directorate of Residency and Foreign Affairs (GDRFA) in the UAE. Similarly, the UAE consulates and embassies abroad may approve entry permits, ensuring compliance with UAE-mandated reforms.
Federal Law No. 29 of 2021 outlined the specific procedure for foreign nationals to apply for an entry permit to the UAE, including the conditions for visas and residence permits, the procedure of entry and exit through borders, and the responsibilities of foreigners. Further, the Decree Law explains the legal consequences for violations, which may include fines, deportation, and even imprisonment.
Amnesty and Legal Provisions
Article 11 of Federal Decree-Law No. 29 of 2021 explains the penalties for those who have stayed after the expiry of their visas or residence permits and prescribes administrative fines for each day of illegal residence beyond the stipulated period. However, the exemption is to be granted by the Chairman or other authorized representative, provided there exist good and sufficient reasons of exceptional nature or public interest. The Decree-Law also outlines the punishment for the violation—fines, deportation, and even imprisonment.
Penalties and sanctions
Article 21 of the law states that any foreigner who is found illegally entering the UAE may be sentenced to imprisonment, deportation, and confiscation of funds gained fraudulently. Also, penalties for hiring, protecting, or concealing a foreigner against the law are mentioned in the Decree-Law, extending to the imposition of fines or imprisonment and even deportation.
Cabinet Decision No. 89 of 2022 on the administrative fines for breaches:
- Overstay of Approved Stay: AED 50 per day
- Delay in Renewal and Notification: AED 20 per day of delay, but not exceeding AED 1000.
- Delay in the renewal of the establishment card: AED 100 per month of delay, but not exceeding AED 1000
- Misusing smart services: AED 2000.
- Issuance of Entry Visa for Inactive Establishments: AED 20,000.
- Providing False Information: AED 3000.
- Misapplication of the System: AED 100 per Application
- Disturbing the work of Authority: AED 5000.
- Amendment to Establishment Data without prior notice: AED 1000.
- Breaching Authority's Instructions: AED 2000.
Additionally, the law provides an exemption to the violators who can appeal and legalise their status. Also, the Chairman or any other authorized representative may exempt persons from fines, considering compelling circumstances or for reasons of public interest. The Cabinet, on the recommendation by the Chairman, has the power to adjust the situation of violators and regulate the exemption applied. Further, the Cabinet may be allowed to cancel the administrative fines imposed for overstaying or violation, to enable those persons to legalize their status.
If a person is previously deported from the UAE, he may apply for permission from the Chairman to re-enter the UAE, and the Chairman may have the discretion to decide this matter.
Role of Amnesty Programs
Amnesty programs serve as a significant policy agenda. These programs are generally offered to individuals who have overstayed their visas, worked without a work permit, or were sentenced to deportation as a result of the illegal action. As per this amnesty program, the individuals may be allowed to resolve or change their legal status without any prosecution against them. Additionally, Amnesty allows individuals either to legalize their stay and pay the fines or leave the country without penalties within a certain period. Amnesty allows time for the UAE government to provide a given timeline to legalize their status. Moreover, persons against whom absconding reports have been filed can also apply for amnesty. It may also permit the immigration department to cancel the absconding report and grant exit permission without bans.
In conclusion, the UAE's residency law and amnesty show a commitment to compliance and supporting people to regularize their status. The legal system strikes a balance between accountability and avenues for rectification.
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