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UAE LABOUR & IMMIGRATION HELP

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Work permits will not be issued without new contract from 2016

Ministry to refuse work permits without signed unified contracts starting 2016

Dubai: Residents cannot renew their work permits nor will they be issued new permits if an employer fails to provide a signed unified contract starting 2016, the Ministry of Labour revealed on Tuesday.

The unified labour contract, to be implemented from January 1, standardizes employment terms, making them more transparent. The contract is expected to improve regulation and transparency of the UAE labour market.

The contract was drafted by the Ministry as part of the three new decrees, which are aimed at enhancing the UAE labour market conditions and consolidating the contractual nature of labour relations.

All employees across the country will be presented with a unified, standard, employment offer that contains clear and enforceable terms and conditions of employment, prior to the worker’s entry into the UAE.

The contract will need to be signed by both the employer and the worker.

Humaid Bin Deemas Al Suwaidi, Assistant Undersecretary for Labour Affairs, said, “The new measures implement three new decrees issued by Saqr Ghobash, Minister of Labour, recently with regards to regulating the labour market, starting by unifying a contracts model approved by the ministry for all labour relations.”

During a meeting held in Abu Dhabi, attended by 300 employers and government relations representatives, Bin Deemas reviewed the new measures the ministry is implementing to ease the process of extracting work permits for employees coming from outside or those residing in the country, while maintaining rights of both sides.

Labour Mobility

Bin Deemas pointed out that the new procedures of recruiting foreign workers from outside the country on a two-year work visa goes through three stages.

Firstly, the employer applies for quota regardless of the number of workers recruited, the second demands printing the offer letter handed to the worker containing a comprehensive description of their rights and duties, terms and conditions, through “Tas’heel” service centres or through the ‘MoLApp’ smartphone application.

“Furthermore, within the second phase, employers should electronically sign a job offer, send it to the worker regardless of their location — whether electronically to the worker himself or through an employment agency. If he accepts the terms and conditions, he then signs it (those who fall in the first, second and third occupational levels) or [put a] fingerprint (for workers in lower work levels),” Bin Deemas said.

The offer letter will be in both Arabic and English in addition to a third language that the worker understands, which can be available on the ministry’s website ‘www.mol.gov.ae’ containing comprehensive details of terms, regulations and labour laws. Bin Deemas said that “each worker can review their work contract through the ministry’s website after registering on the site using the passport number, nationality and transaction number as each has its own code.

During the final stage (the work permit extraction), employers attach the signed offers by the worker for initial approval, where the ministry works on reviewing the application to make sure it meets all the requirements and then issues the permit, which allows the worker to come to the country.

“Employers face a 14-day deadline to complete signature procedures following the worker’s entry into the UAE, if the worker complains of any delays then the ministry will allow him to seek a new offer,” he said.

“The electronic system of the ministry will not allow new job offers for workers following the initial approval stages, and replacing work permits will be treated according to specific procedures…,” he said.

Under the new measures, Bin Deemas pointed out that “it’s not mandatory to include a medical report with job offers, especially as today we are electronically linked with the public administrations of Residency and Foreigners Affairs, which does not issue workers with a residence visa with medical report.”

Referring to the contracts renewal process, Bin Deemas said that the worker’s signature is also a prerequisite for the ministry, as it grants workers a free will whether to renew the contract after accepting highlighted privileges and requirements or simply chose to end the relationship and find a better offer or move back home, something that establishes a healthy working relationship ending misunderstanding between both parties.

Courtsey : Gulf News

Indian expats must not delay newborns’ registration

Indian expatriates are urged not to delay the registration of their newborn babies with the Indian Embassy in Abu Dhabi or the Consulate General of India in Dubai.

The Embassy said in a statement that the immediate registration of the birth is required to get an Indian passport issued.

If the registration is not done within one year of birth, there may be delay in issuing the passport as additional formalities may be needed and financial penalties may be imposed by the UAE authorities.

Information

Visit www.indembassyuae.org/drupal/IndianCitizenship to get an update on the procedure for registration of a newborn child in the Indian Embassy, Abu Dhabi, or the Consulate General of India, Dubai.

FAQ – Visa, Residency & Sponsorship

 In which cases DNRD issues entry and residence permits to an expatriate?

To join his/her paterfamilias or guardian.
To study at one of the universities, Faculties or institutes.
To join a training or specialty course at one of the public agencies.
To a foreign widow or divorcee with one or more dependents from her ex-UAE citizen.
To a UAE citizen’s parents and dependents who hold foreign passports.
To a UAE female citizen’s husband and dependents who hold foreign passports.
To GCC citizens’ foreign wives on reciprocal treatment basis.
To family members of a foreign female who works in rare or important specialization such as medicine, engineering,

For more information on issuance of Visa, Residency & sponsorship refer DNRD’s Web portal

Can I come on a visit or tourist visa to Dubai, find work and start working immediately?

It is illegal to work on a visa other than a valid employment visa in Dubai. However, you may come on a visit or tourist visa and actively search for jobs in Dubai. Under recent legislation pertaining to employment visas, successful candidates who are hired by Dubai employers are required to exit the UAE pending release of their Employment Visas.

Clearly, any employer asking you to start work immediately or without a valid employment visa is not in compliance with legal requirements. If you choose to begin work without a valid employment visa, you:

  1. give up you chances of using the Labour Code or having the Labour Ministry to mediate your case in the event of a dispute with your employer;
  2. run the risk of being caught, fined and deported. You will also be blacklisted such that you may never return on an employment visa to the UAE. In many cases, illegal laborers spend jail time prior to deportation and their retina scans are kept active to effect the blacklisting.

Can I apply for an employment visa myself?

No, you can’t do that on your own. Employment and residency in Dubai work within a system of sponsorship. An employer is the appropriate party to apply for an employment and residency visa for employees. This means you have to have been hired prior to the application for your employment visa.

How does the UAE’s system of sponsorship work?

An employee’s designated sponsor for residency visa is their employer, whether the respective company is operating within or outside of Free Zones. Dubai or UAE residency is temporary and normally valid for three (3) years but may be renewed. The visa is stamped on the face of your passport.

UAE Laws require resident aliens (foreign nationals) to be primarily sponsored by a UAE national (citizen). UAE nationals may be direct private sponsors, as in the case of a UAE national hiring a domestic servant or, they may be indirect sponsors, as in the case of business employees. Businesses are able to sponsor their employees mainly because a UAE national is a partner, owner or a majority shareholder of the business-sponsor.

Besides being sponsored by my employer, how else can I get a UAE residency visa?

You have three options:

  1. Set up and register your own company in Dubai. Your business can then be your sponsor. Note however that you’ll be required to have a local partner, i.e., a UAE citizen.
  2. Set up a consultancy off of a free zone to become eligible for both residency and work permits
  3. Buy a property so that the property developer becomes your sponsor for residency. Note however that this does not entitle you to work in the UAE.

Can someone who is not a UAE national sponsor a resident?

Yes. This is possible through secondary sponsorship. Secondary sponsors are sponsored residents, usually employed males who would like to have their wife and children live with them in the UAE.

Can women be secondary sponsors as well?

Yes, women can sponsor their children if they’re divorced or widowed.

Can a married woman sponsor her husband and children?

Yes, she can, but only under certain circumstances and with prior approval by both the Depart of Labour and the Department of Immigration and Naturalisation. Wives sponsoring husbands are not customary. In most cases, approval is granted if the wife-sponsor has a profession of strategic and economic importance such as teachers or medical personnel.

What are the qualifying criteria for secondary sponsors?

Employed persons may sponsor only their immediate family, and must meet the minimum salary requirement for sponsorship. The consent and signature of the primary sponsor is required before an employee may sponsor their family.

Whose residency can I sponsor so that they can reside with me in the UAE?

  • Your spouse. This means either your lawfully-wedded husband or wife. This does not include a same-sex partner, even if such person is a lawfully-wedded partner.
  • Your children. These are male and female offspring under 21 years or unmarried daughters over 21 years.

What does being a secondary sponsor mean?

Secondary sponsors are responsible for their dependents whilst such dependents are residents of the UAE. This means you are responsible for their financial support, debts, if they incur any, and all aspects of life and living whilst they are under your sponsorship, including their conduct and behaviour.

Also, as their sponsor, you are responsible for the visa, processing fees and other related costs for obtaining the residency permit for your dependents. This is not your employer’s responsibility and they may not be obliged to assist you beyond giving their consent to your sponsorship. However, in some cases, employers may provide employees with visa-assistance benefits for employees to bring their families over.

Can I acquire permanent residency in the UAE?

No, you can’t. Residency in the UAE is only temporary. However, it is renewable.

Can I acquire UAE citizenship?

No, you can’t. An expatriate is not eligible for UAE citizenship. UAE citizens are defined by law to be only those persons born of parents who are both UAE citizens or born to a father who is a UAE citizen.

What happens to an expat’s child born in the UAE?

The child takes on the citizenship of the parents who must then apply for temporary residency status for their child under the secondary sponsorship system within three months of birth.

What right does temporary residency NOT include?

Temporary residency status is not concurrent with the right to work or seek employment in the UAE, nor does it guarantee employment. Sponsored children under 18 and freehold property owners over 60, whose residency is sponsored by the respective property development company, are not eligible for employment in the UAE. All other residents may go through the usual application process to be legally employed. Legal employment in the UAE is evidenced by the Labour Card.

I have a valid UAE residency visa. I’d like to spend some time in my home country. Will my visa still be valid when I return?

Assuming your UAE residency visa is not expiring within the next six (6) months, you can stay outside of the UAE for at most six months and return on the same visa. Staying outside of the UAE for more than six months at a time automatically invalidates your UAE residency.

What is a “ban”? How do I get banned?

A ban is a legal mechanism that prevents a resident or an employee from re-entering the country or from accepting a position with a new employer for a fixed period of time, usually for six (6) months.
A permanent residency ban may be imposed on serious labour offenders, such as illegal or absconded workers, illegal aliens or convicted felons. Fingerprint samples and retina scans of banned individuals are kept on file by the Federal Department of Immigration.

A labour ban is mandatory. You get banned when:

  • Your contract expires and no action pertaining to your employment has been taken by your current employer, or no new application by a different employer is filed for you.
  • You terminate an unlimited labour contract before completing one year of service.
  • You terminate a limited labour contract before its expiration.

How do I NOT get banned?

  • Your current employer must have taken appropriate action with the Department of Labour to extend your employment with them prior to the expiration of your labour contract;
  • Your sponsorship must have been transferred with a different employer. To effect this, certain conditions must be met, otherwise, your Labour Card will be cancelled and you will be banned.

How do I have my sponsorship transferred from one employer to the next?

Your limited labour contract must have already expired or you must have performed at least one year of service under an unlimited labour contract. As your current sponsor is required to issue a No Objection Certificate (NOC), they must have no objections to the transfer or their conditions must have been met prior to the issuance of such certificate. In any case, this is usually discussed by your current and prospective employers. The NOC is required for the transfer of your Labour Card and both must be filed with the Department of Labour. In addition, you can only transfer sponsorships under the same labour category. This simply means your new employment must be for the same position, e.g. Accountant to Accountant, Manager to Manager.

What is the NOC? Can my current employer be legally ordered to provide this document?

A No Objection Certificate (NOC) is a formal letter by your current sponsor addressed to the Department of Labour and the Department of Naturalisation and Immigration to prevent you, the employee, from being banned after completion of your labour contract or in the process of transferring your sponsorship to a new employer. This is entirely discretionary and must be freely given by an employer. No employer may be forced to provide an employee with a NOC, under any circumstance, even after successful completion of a labour contract.

Man incurs hefty fines as labour card gets cancelled

An Arab expatriate has ended up as an illegal resident and has to pay hefty fines to the residency department after the Ministry of Labour cancelled his labour card without notifying him.
Nidal Al Taweel a 37-year-old-Jordanian, born and brought up in the UAE, has become an illegal resident after the ministry cancelled his labour card which led to the cancellation of his residency permit without notifying him.
The ministry refused to comment on the issue and said the case has been finalised by the ministry and Al Taweel has to contact the Department of Residency and Foreigners’ Affairs for the cancellation of his residency.
Al Taweel told Gulf News that he filed a case against his sponsor towards the end of 2008 and after less than three months he was surprised to know that his visa had been cancelled without his knowledge.
Al Taweel said he used to work for Mega Vision in Dubai and he started having problems after a new management tookover. ”I went to complain at the Ministry of Labour for my unpaid salary and end-of-service [benefits] as I wanted to leave the job,” he said.
”At the Ministry of Labour, I did get the help I was expecting from the officials there. So I requested that my case be transferred to the Labour Court.
”Officials in charge of labour disputes warned me that if the Labour Court ruled against me, I will get a life ban on entering and residing in the UAE,” he claimed. He added that after many months of running between the Ministry of Labour and Labour Court, the company was ordered by the court to pay the employee Dh40,000 and a one-way ticket back home in case he was not working with another company.
Al Taweel said that his passport was held by the manager of the company.
”I went to Dubai Police and the Human Rights Section at the police to get my passport, but all of them said that this should be resolved between me and my sponsor and they cannot do anything for me,” he said. Al Taweel said that he was able to get his passport back only after the intervention of the Jordanian Consulate in Dubai.
Harrowing time
”When the sponsor handed over the passport to me, I realised my residency [permit] was cancelled,” he said.
”I never signed [saying] that I had received my end-of-service [benefits]. I have a court case against my sponsor and the court has ordered the sponsor to pay my end-of-service [benefits],” he said. ”I discovered that my visa had been cancelled less than three months after filing my complaint and during the hearing at the Ministry of Labour.”
He said the previous sponsor had closed down its operations in the UAE and left the country. After passing through a harrowing time with no income for two years, he said he has finally managed to get a new job.
”The new company applied for my visa, but the General Directorate of Residency and Foreigners’ Affairs in Dubai said I will have to pay Dh27,000 for being an illegal resident in order to be able to get a new visa.”
Cancellation
According to Humaid Bin Deemas, Acting Director General, Ministry of Labour, who earlier announced that the Ministry of Labour cannot cancel labour cards of workers inside the country in absentia.
The procedure is to summon the worker and his employer to make sure that the worker has been granted all his rights. Only then can cancellation take place.
If the worker is out of the country for more than six months, it will be cancelled automatically.

Ministry of Labour fine-tunes service in UAE

Establishments wishing to cancel work permits and labour cards need to directly approach Tas’heel centres directly, as the Ministry of Labour will no longer provide this service starting on Sunday.
Tas’heel is an online government system designed to simplify all labour-related processes.
Time saving effort
According to Humaid Bin Deemas, Undersecretary at the Ministry of Labour, this step comes to save the time and effort of customers by providing the services, from typing application to cancelling of cards, at one stop, without having to visit the Labour Ministry offices.
Bin Deemas called on establishments to present their requests directly to the 25 ‘Tas’heel’ service centres in Dubai, Sharjah, Ajman, Fujairah, Ras Al Khaimah, Umm Al Quwain and Al Ain City.
In Abu Dhabi, establishments can apply through typing centres linked with the Tas’heel system.
He pointed out that the ministry’s offices will stop receiving requests for cancellation beginning on Sunday.
Bin Deemas said owners of establishments, who have the e-signature, may avail of this service starting on Sunday. However, those who do not have their e-signature have until September to get it, as manual applications will only be accepted until the end of September.
He said after the establishment owners cancel labour cards at the Tas’heel centres, the data will be sent electronically to the Labour Ministry. The Labour Ministry will then send the data to the Residency and Foreigners Affairs Departments.
Bin Deemas said this service will benefit more than 280,000 establishments registered with the ministry and which carry out more than one million different cancellation transactions.
He also noted that the e-link project includes linking about 20 key services between the ministries of Labour and the Interior.
He said the new procedure allows the owners of the joint system to facilitate the completion of the procedures for cancellation round the clock, seven days a week

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