For Bangladeshi expat Mohammed, his biggest dream is to go home and see his daughter who he hasn’t met for seven years. The 37-year-old was working in a supermarket in Sharjah when its owner absconded during the Covid pandemic, and the workers were left in a lurch.
“I was waiting for the owner to renew my visa when he absconded,” he said. “Since then, I have been working odd jobs in various places around Sharjah. Today, my employer called and told me that the grace period has been announced. I immediately fell in prostration out of gratitude to Allah because I had been waiting for this for so long. I miss my daughter so much and I can’t wait to go home.”
On Thursday, UAE authorities announced a two-month grace period for residence visa violators starting September 1. During this period, violators will be allowed to regularise their status or leave the country without incurring fines. As per UAE laws, residents who overstay their visas will be charged a fine of Dh50 every day.
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According to a call centre agent at the Federal Authority for Identity, Citizenship, Customs and Port Security (ICP), this grace period is only valid for those who have overstayed their residence visa and is not applicable to those with visit visa overstay issues.
Immigration laws explained
Immigration advisors say that it is mandatory for residents to exit the country on the day their visa expired with no grace period, as per rules that came into effect in 2020. “If a resident has lost his job and the company has cancelled the visa, a grace period of one month is offered for applying for a new residency visa or leaving the country,” said Ali Saeed Alkaabi, immigration advisor and member of the Youth Council in Hatta.
Experts also noted that if an employee is fired from a company, he or she can apply for a permit at the Ministry of Human Resource and Emiratisation (Mohre), which is applicable for six months. “The beneficiary of this permit will be directly under the immigration department,” he said.
Alkaabi further explained that if an employee does not stay in touch with the company after losing their job, he or she can be marked absconding by the company. “For easy exit procedures, the employee must talk to the HR department and settle to remove the absconding charges,” he said. “The employer will issue an application to withdraw the charges which typically takes about 14 working days. They will then receive a letter from Mohre to impose a travel ban for a year or opt for normal cancellation. If the company releases all the charges, the employee can return home without any fines.”
Helpful move
Dubai resident Ibrahim Berike works as a PRO in the UAE and volunteers for the social group Kerala Muslim Culture Centre (KMCC). According to him, he sees hundreds of people who have overstayed their visas every month.
“Some people are caught up in unfortunate circumstances and find themselves stranded over here,” he said. “Others are cheated by unscrupulous visa agents. They think they are on a legitimate visa but realise only when they travel that their visa was fraudulent. This grace period announced by the UAE government will help so many people who are stranded here.”
He gave the case of a family who had arrived in the country. “The husband was caught in a legal battle and someone advised him that having his family here will strengthen the case,” he said. “This man brought his wife and two children to the country. Not only did the case remain unresolved but the person who brought them here was unable to secure proper documentation for the children. His daughter was 16 and was unable to get an education or write her board exams. There are so many such individuals and families who will benefit from this program.”
Another person who was overjoyed by the news was 45-year-old M.K., who hails from India and has been working in Dubai for 12 years. However, he has overstayed in the country for two years now. “I have worked in a cafeteria and as a shop salesman,” he said, speaking to Khaleej Times on condition of anonymity.
“For the last 12 years, the UAE has been my bread and butter. Two years ago, after I was laid off from my last job and was unable to find a new one. I did not even have money to be able to return home. Since then, I have been overstaying in the country. It was very difficult for me because I never wanted my status to be like this. I am eagerly waiting for the beginning of the grace period in September. I plan to go home and if possible, return on a proper work visa,” he added.
Regularising the visa status
AlKaabi said that people who overstay their residence visa are often scared to approach authorities to solve their problems as per the law. Violators can regularise the visa status either by approaching authorities, paying a fine and exiting the country or by issuing a new residency permit.
“If a foreigner wants to continue their stay in the UAE by applying for a new residency permit they can apply for a petition to the public prosecutor to reduce the fine amount. The cost of applying for this service is Dh500. The public prosecutor will reduce the fine and lets them change the visa to a new company,” said Alkaabi.
“After the reduction of fine, the person cannot exit the country and must applying for a new residence visa. If he or she fails to do so, they can face a ban on entering the UAE for a lifetime as per article 18. To remove this ban, one must file a mercy petition to the public prosecutor to enter the UAE. This petition will undergo a series of checks for approval,” he added.
Alkaabi urged the residency visa violators to check the exit form if there is a travel ban on the form after paying the relevant charges. “If they have been marked as banned to travel, they can approach the immigration department to get the ban removed. The officer at the desk will have the authority to remove the ban,” he said.