UAE: Ministerial Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

Title

UAE: Ministerial Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

Date of adoption

Entry into force

Text versions

Source:

• Ministry of Interior, United Arab Emirates, accessed: 01 December 2014, http://moi.gov.ae/datafolder/images/icons/rolls-13.pdf

Abstract

• The sponsor shall have a valid residence permit for the purpose of work.
• He shall submit a certified copy of the marriage certificate
• He must have a minimum wage of 3000 Dirhams if his employer provides him with accommodation and 4000 Dirhams if the employer doesn’t.
• He shall submit a certificate of salary verification certified by the competent authority.
• The same conditions shall apply to foreign women who possess special qualifications and wish to sponsor their family members who are foreigners.
• The following categories are exempt from the salary condition when sponsoring their family members: teachers, imams, and bus drivers who transport students.

The foreigner may sponsor unmarried female children, as well as male children below the age of eighteen unless they are studying in one of the country’s higher education institutions.

Art. 41 lists the categories of private sector employees for whom a visit visa may be turned into a residence permit for the purpose of work. These include engineers, doctors, pharmacists, nurses, lab technicians, teachers, accountants, auditors, and others.

Art. 42 sets the procedure for turning a visit visa into a residence permit for the purpose of work.

Art. 43 lists categories of foreign residents of GCC countries who may enter the UAE for a visit without obtaining a visa or permit.

Section II of this decision deals with the residence of foreigners and the different types of residence permits.

In accordance with Art. 57, there are two types of residence permits: a work residence permit is granted to individuals as professionals or domestic workers, or to individuals who work in the public or private sectors; a non-work residence permit is granted to foreigner who wish to join their family or parent, or a university or college, or a training course conducted by one of the public institutions or authorities.

Residence permits for the purpose of work for the private or public sector are valid for three years. Those issued for the purpose of working for individuals are valid for two years. Both types may be renewed for similar periods (Art. 58).

The holder of a residence permit shall leave the country within thirty days of its expiry or cancellation (Art. 59).

The residence permit is cancelled if its holder spends more than six months abroad (Art. 61).

Without prejudice to the provisions on transfer of sponsorship, the residence permit for the purpose of work shall be cancelled upon termination of the work contract and a new entry permit or visa for the purpose of work may not be issued until six months have passed since the date of last departure. This period is extended to a year for domestic workers. A number of categories are excluded from the ban period including engineers, doctors, pharmacists, nurses, accountants and auditors among others (Art. 63).

Chapter III of Section II deals with the transfer of sponsorship.

Art. 68 sets the conditions and procedures for transferring sponsorship for all possible cases of transfer. In all cases, the approval of the former sponsor is required. In the case of transferring from the private sector to another private sector employer, an additional requirement of having spent at least a year with the former sponsor must be met.

Section III of this decision deals with the deportation and expulsion of foreigners.