IMPACT — MEDIUM

The Emirati government has announced that it will expand its Emiratization requirements to small businesses in 2024.

Key Points:

  • Beginning Jan. 1, 2024, businesses in certain industries with 20 to 49 employees must meet the semiannual Emiratization requirement to avoid penalties. Industries impacted by the requirement include:
    • Administrative and support services.
    • Arts and entertainment.
    • Construction.
    • Education.
    • Financial and insurance activities.
    • Formation and communications.
    • Healthcare and social work.
    • Hospitality and residency services.
    • Mining and quarrying.
    • Professional and technical activities.
    • Real estate.
    • Transformative industries.
    • Transportation and warehousing.
    • Wholesale and retail.
  • Companies with 20 to 49 employees who fail to employ at least one Emirati in 2024 will face a fine of 96,000 AED (about US$26,000). The fine will increase to 108,000 AED for businesses that do not hire at least two Emiratis in 2025.
  • Further violations include reducing the number of employees or modifying their classification or any other method to circumvent the Emiratization targets.

Background: Previously, Emiratization targets only required employers with 50 employees or more to increase the number of its Emirati employees in skilled positions by 1% every six months, ultimately achieving a 2% Emiratization by the end of each year. Employers are expected to achieve a 10% Emiratization rate by the end of 2026.

BAL Analysis: The Emirati government announced the Emiratization program expansion to increase the number of Emirati nationals employed in the private sector. Employers should plan ahead to ensure they meet the new employment requirements to avoid applicable fines.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Emirati government has extended the deadline for employers with 50 or more employees to meet the semiannual Emiratization requirement.

Key Points:

  • Employers with 50 or more employees now have until July 7 to meet the semiannual Emiratization requirement.
  • Beginning July 8, noncompliant employers will face a 42,000 AED (about US$11,400) financial fine for each Emirati not appointed according to the semiannual Emiratization targets.
  • Further violations will result in the government reducing the number of employees or modifying their classification or any other method to circumvent the Emiratization targets.

Background: Emiratization targets require employers with 50 or more employees to increase the number of Emirati employees in skilled positions by 1% every six months, ultimately achieving a 2% Emiratization by the end of each year. Employers are expected to achieve a 10% Emiratization rate by the end of 2026.

BAL Analysis: Emirati authorities delayed the deadline to meet the Emiratization requirement in consideration of the upcoming Eid Al Adha holiday. Employers should plan ahead to ensure they meet the new employment requirements to avoid applicable fines.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Emirati government has ended its grace period policy for foreign nationals who overstay their visitor visa in Dubai.

Key Points:

  • Visitor visa holders will no longer be given a 10-day grace period if they overstay their visa in Dubai. Previously, visitors were able to stay in Dubai 10 days past their visa’s expiration date without being fined.
  • Those who overstay their visitor visa in Dubai will be fined 50 AED (about US$13.60) per day.
  • Visitor visa holders can apply for a 30-day extension visa through authorized travel or tourism companies.

Additional Information: Dubai is the last emirate to remove the 10-day overstay grace period. All visitor visas holders must leave the country or extend their visa to avoid overstay fines. This regulation does not affect nationalities eligible for 30- or 90-day visas on arrival.

BAL Analysis: The Emirati government ended the 10-day overstay grace period for visitor visas in Dubai to align its policies with the rest of the country. Visitor visa holders who need to stay in the country beyond their visa’s validity should apply for an extension to avoid fines and complications.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Emirati government has announced that it will fine employers up to 500,000 AED (about US$136,000) for not meeting Emiratization requirements.

Key Points:

  • Employers who do not meet their Emiratization requirement will be fined:
    • 100,000 AED for the first violation.
    • 300,000 AED for the second violation.
    • 500,000 AED for the third violation.
  • Noncompliant employers must make an additional 42,000 AED financial contribution for each Emirati not appointed according to the semiannual Emiratization targets.
  • The violations include reducing the number of employees, modifying their classification or any other method to circumvent the Emiratization targets.

Background: Emiratization targets require employers with 50 employees or more to increase the number of its Emirati employees in skilled positions by 1% every six months, ultimately achieving a 2% Emiratization by the end of each year. Employers are expected to achieve a 10% Emiratization rate by the end of 2026.

BAL Analysis: Employers should plan ahead to ensure they meet the new employment requirements to avoid applicable fines.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

Emirati authorities recently implemented the Wage Protection System for companies registered in the Dubai Multi Commodities Center Free Zone.

Key Points:

  • Companies registered with the DMCC Free Zone are now required to pay foreign nationals who hold a valid or expired employment visa or Personal Identity Card through the WPS.
  • Companies must register new employees for salary transfer immediately after the Company Employment Card is issued or after the PIC application is closed.
  • Companies can only pay salaries in the UAE’s national currency.
  • More information regarding the implementation of the WPS is available here.

Additional Information: Emirati authorities will not fine companies that do not comply with this requirement for 2023; however, beginning in 2024, companies that do not pay their employees through the WPS will be fined.

BAL Analysis: Emirati authorities will require companies registered with the DMCC to pay employees through the WPS to ensure foreign workers’ wages are protected.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Emirati government recently announced that it would allow foreign nationals to apply for an entry period extension if unable to enter the country.

Key Points:

  • Foreign nationals who are unable to enter the United Arab Emirates within the initial 60-day validity period of their visa can now extend their entry validity period for an additional 60 days. To apply for the validity extension, individuals must:
  • Previously, foreign nationals who were unable to enter the country within the initial 60-day period had to apply for a new visa to enter the country.
  • The entry validity period extension is available for all visa types.

BAL Analysis: Emirati authorities are now offering the 60-day entry validity period extension to increase flexibility and simplify immigration procedures for foreign nationals who are unable to travel to the country within the initial 60-day period.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Emirati government launched a reentry permit for residents who stay outside of the country for more than six months.

Key Points:

  • Residents of the United Arab Emirates who have been outside the country for study, work or medical reasons for more than six months can apply for the reentry permit.
  • Previously, residents’ permits were canceled without the option of applying for a reentry permit if they stayed outside of the country for more than six months.
  • To apply for the reentry permit, residents must submit a copy of their Emirates ID, passport and a written reason for their delay in entering the country.
  • Foreign nationals holding golden residence permits are not eligible for the reentry permit.

Additional Information: More information regarding the reentry permit for residents who have been outside the UAE for more than six months is available here.

BAL Analysis: Emirati authorities are offering the reentry permit to increase flexibility and simplify immigration procedures for residents whose permits were canceled.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Emirati government recently extended the deadline for converting unlimited-term employment contracts.

Key Points:

  • Private sector employers now have until Dec. 31, 2023, to convert unlimited-term employment contracts to limited-term employment contracts.
  • The conversion deadline was previously set at Feb. 1.
  • Employers should ensure that they convert their contracts by the Dec. 31 deadline to avoid potential penalties.

Additional Information: More information regarding the process of converting unlimited-term employment contracts to limited-term contracts is available here.

BAL Analysis: Emirati authorities extended the conversion deadline to enhance flexibility and competitiveness for private sector companies and to safeguard employee rights.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Emirati government recently announced updated visa requirements for residents of Gulf Cooperation Council countries.

Key Points:

  • Residents of GCC countries, their dependents and accompanying travelers must apply for an entry visa online to enter the United Arab Emirates.
  • GCC residents can submit their entry visa applications through this website.
  • The entry visa will allow residents of GCC countries, their dependents and accompanying travelers to stay in the UAE for 30 days.
  • Travelers can no longer extend their entry visa for an additional 30 days; instead, they must leave the country and apply for another visa.

Additional Information: Passports of residents of GCC countries must have at least three months’ validity from their date of entry into the UAE. Dependents and accompanying travelers must travel with the GCC resident to enter the UAE.

BAL Analysis: Residents of GCC countries should ensure they meet the new entry visa requirements when planning travel to the UAE, including having a valid passport and a resident permit that was issued in a GCC country.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Emirati government recently announced that it will no longer issue a UAE Residence Visa stamp in Residence Visas issued in Dubai.

Key Points:

  • As of Dec. 12, foreign nationals applying for a UAE Residence Visa in Dubai will no longer receive a UAE Residence Visa stamp in their passport.
  • Foreign nationals are now issued an Emirates Identity Card, which will serve as proof of residency in Dubai.
  • Foreign nationals must hold an Emirates Identity Card as proof of their residency status to reenter the country.

BAL Analysis: Emirati authorities removed the Residence Visa stamp requirement for Dubai to align Dubai with other Emirates that have stopped providing stamps in passports. Residence Visa holders are reminded that they must now hold an Emirates Identity Card to enter the UAE.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.