Question: I work for a mainland Dubai-based company and plan to buy a new house to make me eligible for the Golden Visa. What happens to my employment visa if I decide to get the Golden Visa?
Answer: Pursuant to your queries, as you are currently employed by a mainland company located in Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulations of Employment Relations and Administrative Resolution No. 38 of 2022 concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 Regarding Work Permits Offer Letters and Employment Contract Forms are applicable.
In the UAE, an individual who is residing under a UAE golden residency visa may take up employment. This is in accordance with Article 7 of the Employment Law read with Article 6(1) (j) of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Article 7 of the Decree-Law, the type of work permit shall be determined as follows:
Golden Visa holders permit: This type of permit is issued upon the request of an establishment registered with the Ministry that wishes to employ an employee holding a golden Visa in the State.”
Before obtaining a golden residency visa, an employee may inform the employer about the change in his or her UAE residency visa. Based on the said letter an employer needs to cancel the existing work permit and thereafter the UAE residency visa of such employee. This is in accordance with Article 7 (3) of the Cabinet Resolution No. 1 of 2022, which states,
Procedures for cancelling work permits:
a. The submission of an application for cancelling the work permit shall be through the channels specified by the Ministry:
b. Completion of the required data and attached documents.
c. Payment of the fines for delays in issuing the work permit or for failure to renew it, if any.
d. Acknowledgement by the establishment of granting the worker all of his entitlements.
e. Any other conditions determined by resolution of the Minister or whomever he delegates.”
Based on the aforementioned provision of law, once a work permit of a prospective UAE golden residency visa holder employee is cancelled, he or she may sign a new employment contract with an existing employer or a prospective employer and obtain a work permit in accordance with provisions as laid down in Administrative Resolution No. 38 of 2022.
The requirements to obtain a work permit through the Ministry of Human Resources and Emiritisation (MoHRE) for a UAE golden residency visa holder in accordance with Administrative Resolution No. 38 of 2022 are:
1. Clear coloured photo with a white background
2. A copy of a valid passport that must be valid for at least six months with a copy of a valid residency (golden) Visa
3. Approved employment contract issued by the Ministry, which includes both the employer’s and employee’s signature
4. Academic Certificates: A clear certificate bearing the name of the employee, attested by the Ministry of Foreign Affairs and International Cooperation for the following skill levels:
Skill levels (1 & 2): Bachelor Degree or higher attested by the competent authorities;
Skill level (3 & 4): Diploma graduate or higher – attested by the competent authorities
Skill level (5): High school certificate – attested by the competent authorities
State issued certificates are excluded
5. Professional license issued by the competent authority, for example, doctor, nurse, etc (professional license issued by the Ministry of Health – Department of Health)/Teacher, teacher assistant (Ministry of Education- Knowledge Authority (Dubai) – Abu Dhabi Education Council – Sharjah Education Council), Fitness Trainer (Youth and Sports Authority)/Advocate (Ministry of Justice).”
Therefore, once you obtain a golden visa residency, you may request your employer to apply for a fresh work permit.
You may contact the MoHRE for further clarifications on this matter.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.