If a Golden Visa holder resigns, should we still provide a repatriation ticket?

Hello,

Under UAE labour legislation, the duty to bear an employee’s repatriation cost hinges on two questions: (i) whose decision ends the employment, and (ii) whether the employee still needs an employer-sponsored residence visa once the contract ends.

Because a Golden Visa holder keeps residency independent of any employer, the normal obligation in Article 13 of the Labour Law, to pay for travel “to the employee’s place of recruitment or any other destination agreed by the parties”, becomes conditional. In practice:

- If the employee resigns (or simply elects not to renew) and intends to stay in the UAE on the same Golden Visa, the employer is not required to fund a repatriation ticket. The legal rationale is that the cost is only mandatory when the employee must leave the country because the residency sponsored by the employer will be cancelled. A Golden Visa eliminates that trigger.

- If the employee resigns but wishes to exit the UAE permanently, the parties should look first to the employment contract or any company policy. Many employers promise a final ticket irrespective of visa status, and the Courts will enforce such written promises even where the statute would not impose them by default.

- If the employer were terminating the contract before expiry and the employee asks to travel home, the safer position is to offer the ticket unless the contract expressly shifts that cost to the employee in cases of resignation or misconduct. Courts interpret ambiguities in favour of the employee.

The immediate next step is to issue a short acknowledgement confirming that (a) the employee’s Golden Visa remains valid, (b) his/her decision is non-renewal, and (c) therefore no repatriation ticket is due unless he/she later elects to cancel the visa and depart the UAE, in which case the parties will follow the written policy (or negotiate an alternative).

If you would like a clear letter for the employee, or a quick audit of your standard termination clauses to ensure they align with current law, please WhatsApp or call me on [-------------] and let me know two convenient time slots for a brief consultation. I will confirm the earliest appointment.

Kind regards,

Suhail Rana

Advocate & Legal Consultant