civil law

|

September 18, 2023

|

1015 views


| Your comment matters, please click here to rate article!



Introduction

With a significant number of foreigners residing and working in the UAE, the country has established a comprehensive legal framework to govern their entry, residence, and employment within its borders. Guided by Federal Decree-Law No. 29/2021, this framework aims to ensure legal compliance while providing opportunities for individuals to rectify their status through amnesty programs.

Overview of the Law

The responsibility of issuing entry permits and visas to foreign nationals lies with the General Directorate of Residency and Foreigners Affairs (GDRFA) in the UAE. Entry permits granted by UAE consulates abroad must adhere to the rules set by the UAE authorities.

Federal Decree-Law No. 29/2021 includes regulations that apply to foreign nationals’ entry, stay, and activities in the UAE. It outlines conditions for visas, residence permits, entry and exit procedures through designated ports, and the obligations of foreigners. The Decree-Law also explains the penalties for violations, which include fines, deportation, and even imprisonment.

Amnesty and Legal Provisions

Article 11 of Federal Decree-Law No. 29/2021 addresses individuals who have overstayed their visas or residence permits, imposing administrative fines for each day of illegal stay beyond the specified timeframe.

However, the Chairman or authorized representatives have the discretion to exempt individuals from fines based on exceptional circumstances or considerations of public interest. The Decree-Law also explains the penalties for violations, which include fines, deportation, and even imprisonment.

Penalties for Violations

Article 21 of the law stipulates that any foreigner caught entering the state illegally shall face imprisonment, deportation, and the confiscation of funds obtained through illegal activities. Similarly, penalties for employing, sheltering, or lodging a foreigner in violation of the law are outlined in the Decree-Law, ranging from fines to imprisonment and deportation.

Cabinet Decision No. 89/2022 On the Administrative Fines for Violations:

  • Lapse of Authorized Stay: 50 Dirhams per day
  • Delay in Notification or Renewal: 20 Dirhams for every day of delay, up to 1000 Dirhams
  • Delay in Establishment Card Renewal: 100 Dirhams for every month of delay, up to 1000 Dirhams
  • Misuse of Smart Services: 2000 Dirhams
  • Issuance of Entry Visas for Inactive Establishments: 20,000 Dirhams
  • Providing Fake Information: 3000 Dirhams
  • Inaccuracy in System Applications: 100 Dirhams per application
  • Disruption of Authority's Work: 5000 Dirhams
  • Change in Establishment Data without Notification: 1000 Dirhams
  • Breaching Authority's Instructions: 2000 Dirhams

Exemptions and Adjustments: The Decree-Law provides paths for individuals to address violations and regularize their status.

Exemption from Fines: The Chairman or authorized representatives can exempt individuals from fines based on compelling circumstances or considerations of public interest.

Adjustment of Situations: The Cabinet, upon the Chairman's recommendation, can adjust situations of violators and regulate cases where exemptions apply.

Cancellation and Termination: Administrative fines imposed for overstaying or violations can be cancelled by the Cabinet, offering individuals an avenue to resolve their status.

Deportation and Re-entry: Individuals previously deported from the UAE can seek permission from the Chairman to re-enter the country, promoting second chances for compliance.

Role of Amnesty Programs

Amnesty initiatives play an essential role within this framework, enabling individuals to rectify their legal status without facing legal consequences. These programs primarily target individuals who have overstayed their visas, worked illegally, violated residency rules, or face deportation due to legal violations.

During these programs, individuals are given a specific timeframe to rectify their status, settle fines, or exit the country without penalties. By offering amnesty, the UAE government encourages them to rectify their status within a specified timeframe.

Additionally, individuals with absconding reports against them can also apply for amnesty. Immigration authorities may have the discretion to remove absconding reports and issue exit permits without imposing bans.

In Conclusion UAE’s residency laws and amnesty, initiatives demonstrate commitment to legal compliance and supporting individuals rectifying their status. The legal framework balances accountability with opportunities for rectification.

Related Links

Civil Law Informative Videos

Civil Law - Video
Changes in Criminal & Civil Laws Boost UAE’s Ambitious Vision
These changes are in line with the UAE’s aim to...
Civil Law - Video
Is It Illegal to Charge Interest When Loaning Someone's Money?
What is the crime for bounced cheque under UAE Laws...


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.


Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Select your Language:

     

Main Menu

whatsapp