UAE Overstay Rules 2017


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We are here with another Important and informative Article regarding overstay in UAE.
Questions we have been asked by our global visitors:
1: How to avoid overstay fines?
2: How to get visa on overstay?
3: How to get legal visa permission on overstay?
4: How to overstay during labor case?
5: How to stay in UAE in case of No Visa?
6: How to avoid penalties and labor fines?
7: How to get regular employment visa after Labor case?
8: What is the maximum fine per day on overstay in UAE?
9: What are the latest rules for overstay person in Dubai?
10: What are the overstay fines on Employment visa?
11: What are the overstay fines on visit visa?
12: What are the overstay fines on Tourist visa?


 
Overstay without Fines:
Please note that in cases where the visa-holder or employee is party to a case within the purview of UAE court, he/she may continue to stay anywhere in United Arab Emirates for such time as his/her case is finally disposed. Please make sure that no further appeals or complains lie on you by your company or employer.
Accordingly it may be advised that you can continue to stay in the great United Arab Emirates till the end of your litigation (hearing or trial), even after the expiry of your visa and no fines may be imposed on you for overstay, pursuant to the order of the court.

Temporary Visa on Overstay: 
Further, it may be noted that a temporary (work permit is issued by the Ministry of Labor, during pendency of an employment dispute before such court. The temporary work permit allows the employee to sustain his livelihood while the case is being heard, and allows him to take up employment with a different employer. The temporary work permit is usually valid for a period of six months. Pursuant to this, it may be advised that even after the expiry of your original employment visa, you may continue to work subject to the directions of the court.


How to avoid Fines on overstay and how to get temporary visa?
It’s very hard to avoid fines while you overstayed but you can do it by asking for an authorization letter to continue your stay in the United Arab Emirates, even as you are party to litigation.

How to get Authorization Letter from Court?
In order to live in UAE while your visa is expire or already cancelled, you need to apply for a letter which may state the present status of your case. Once you have successfully got letter from UAE Court, it’s time to justify your overstay and avoid the payment of penalties, to do this you need to approach the Main office of the (GDRFA) General Directorate of Residency and Foreigners Affairs to present the authorization letter along with all documents related to your labor case and the subsequent litigation issued by the Ministry of Labor currently (MOHRE) Ministry of Human Resources and Emiritisation the and those of the Courts, respectively. This letter will be sufficient for you to prove that you were party to a litigation and this in fact was the solid reason for your overstay in UAE.



How to get Employment visa on Overstay?
Further, as your case is finally determined by the Courts after the completing the judgment, you can request your current employer, company or sponsor under whom you are working on a temporary basis to issue a new regular employment visa to enjoy your new legal career life in United Arab Emirates.

Overstay Fine for Visit and Tourist Visa:
If you get a job while you are on Visit visa you must have to change your visa status from visit/Tourist visa to Residence or Employment visa. In case if you delayed for the day more than mention on visa, you will be charged 200 AED for the first day of overstay, followed by the 100 AED for each consecutive day.
If get delayed by company (sponsor) You can check with them if they will pay such fines for overstay, try and let them pay fine for you at Immigration office or at the time of Exit from UAE airports, please don’t forget that Penalty on visit or Tourist visa is more than residence visa applicants. Keep copy of payment receipt with you for safety.

Overstay Fine for Residence or Employment Visa:
According to Ministry of Labour & Immigration rules you are allowed only 30 days stay after cancelling or expiry of your visa to complete your remaining work for new visa, however after the expiry of Grace Period that is 30 days by law, they will subject fine only, it will not become any criminal caselabour ban or blacklist case.

Fine for the first day will be 125 AED and then 25 AED will be charged for each consecutive day.
Point to be noted that this fine should be pay after completing grace period of 30 days on immigration desk at the time of renewal.



What if overstayed for more than 30 Days?
As per Government of United Arab Emirates and Immigration Law a person who didn’t leave the country after his/her Grace period his name will be shortlisted in Absconded or blacklist person, he/she may face immigration ban and should pay 100 AED per Day if stays illegally for more than 30 Days after grace period.

Admin Request:
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Admin Advice:
You may contact (MOHRE) the Ministry of Human Resources and Emiratisation (previously, the Ministry of Labour) in the event of a dispute with your employer (company) or should you face any infringements/violations in respect of your rights as an employee.
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8 comments:

  1. Hi, what if the visa was house maid, and the employer left the country and did not come back, the employer did not cancellled the visa of the house maid, the house maid stayed in UAE untill the visa get expired, but the problem the house maid stayed 2years in uae after the expiration of her visa? What she need to do? She will get ban or blacklisted? Or she will be in jailed? What she need to do? Please advice.

    ReplyDelete
  2. Hi,good morning.my son is 3years old and he is visit visa.he is overstay already over 2 years.what should I do to make visa for him?I lost my job before that why I did not make visa to him.please help me.

    ReplyDelete
  3. There were a couple of questions in my mind which is now answered. A very informative article.

    ReplyDelete
  4. Good day Sir /Ma'am , I have problem my passport in Al aweer, my employer put there and make case for me absconded, I already canceled in company, then they will not release my passport till I can find my new company, but after a month I'm going to take my passport to make new visa when I called manager, he said my passport in immigration, and now I try to make legal way, I found out that my passport in Al aweer, and I have absconded case, and lawyer said, no chance to get the passport need to surrender myself in immigration then they will deport me. I need help, I still want to work here in uae I don't have any problem in my company. Please rply me sir

    Thank you

    ReplyDelete
  5. hi sir/madam, good day! I'm a Filipina on a tourist visa and now im overstayed for 5 months , my employer told me to process my visa when she hired me, last October 2016 i should exit the UAE, however, my boss told me not to exit because they will start to process my visa and will pay for my penalty. but till now they were not fixing my visa even my exit as well. and i discover also that their trade license has not been renewed yet.

    please give me advice.
    looking forward to your response.
    Thank you

    ReplyDelete
  6. This law is useless because most of employee in uae didn't follow I prove that my employee is she didn't give day off,personal use law salary even my passport and ID she didn't give to me

    ReplyDelete
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