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.

IMPACT — MEDIUM

The Emirati government recently amended its visa policies for foreign nationals applying for a visit visa extension.

Key Points:

  • Foreign nationals needing to extend their visit visas are now required to leave the country to apply for an extension.
  • Previously, individuals were permitted to stay in the country while they applied for a visit visa extension because of the COVID-19 pandemic.
  • Immigration authorities will now only issue visit visas valid for 30 or 60 days (decreased from 90 days).

BAL Analysis: Emirati authorities are once again requiring foreign nationals to leave the country when applying for a visit visa extension. Authorities had temporarily lifted this policy during the COVID-19 pandemic, allowing foreign nationals to stay in the UAE while they applied for an extension; however as the virus situation has improved, authorities determined the policy was no longer needed.

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.

IMPACT — MEDIUM

The Emirati government recently extended its grace period for some foreign nationals whose visas were canceled.

Key Points:

  • Foreign nationals can stay in the United Arab Emirates for 180 days past the cancelation date of their residence permit if they are:
    • Golden residency holders and their family members.
    • Green residency holders and their family members.
    • The widow or divorcee of a foreigner residing in the UAE.
    • Students who recently finished their studies.
    • Skilled professionals in the first and second level classifications of the Ministry of Human Resources and Emiratization.
  • Foreign nationals can stay in the UAE for 90 days past the cancelation date of their visa if they are:
    • Skilled professionals in the third level classification of the Ministry of Human Resources and Emiratization.
    • Real estate owners.
  • Foreign nationals can stay in the UAE for 60 days past the cancelation date of their visa if they hold a visa issued in the presence of a guarantor or host (non-degree holder).
  • Foreign nationals can stay in the UAE for 30 days past the cancelation date of their visa if they hold any visa not mentioned above.

BAL Analysis: Emirati authorities updated visa overstay grace periods to coordinate with recent widespread immigration changes announced in early October.

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.

IMPACT — MEDIUM

The Emirati government recently updated its overstay fines for certain visa types.

Key Points:

  • As of Nov. 5, tourist and visitor visa holders who overstay their visas must pay 50 AED (about US$14), decreased from 100 AED, per day of overstay.
  • Residence visa holders who overstay their visas must pay 50 AED, increased from 25 AED, per day of overstay.
  • Foreign nationals who do not renew their residence visa on time have a 30-day grace period to cancel and change their visa category or leave the UAE.

Additional Information: UAE authorities announced they will extend the 30-day grace period to six months; however, they have yet to set an implementation date.

BAL Analysis: Emirati authorities updated visa overstay fines in coordination with recent widespread immigration changes announced in early October. Individuals should note that the UAE’s government portals have not been updated to reflect the most recent changes, but foreign nationals should take the new visa overstay fines into account.

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.