Questions & Answers
Working on a visit visa and holding of passport
Hello Sir,
A friend of mine was offered a job in Dubai on a visit visa, and he is working at the company for almost past 4 months on the same visa.
Last month, his visit visa was expired and overstayed. The company had cleared his overstay and has issued him yet another visit visa for a month. Now, whenever he asks the HR for work visa status, he is not getting a proper reply.
My friend says he does not want to continue, but the company has the passport and they are not giving him the passport. He knows that working on a visit visa is illegal in the UAE, and he wants to quit.
What are his options? Should he contact the labour department or MOL? Will he be deported, fined and/ or jailed?
It is illegal for an individual to work without a valid employment contract/ visa approved by the Ministry of Human Resources & Emiratisation ("Ministry of Labour") or the concerned Free Zone Authority.
Employing or getting employed in the UAE without valid employment contract/ visa is a criminal offence in accordance with Article 11 of the Federal Law No. 6 of 1973 Concerning Immigration and Residence, stating:
"The expatriate who obtains a visit visa may not work anywhere in the country with or without pay or for his own".
The person who takes up employment on a visit visa is equally guilty as any entity employing a person who is in the UAE on a visit visa.
Penalty: The potential sanctions under the Immigration Law are the same save for the potential length of imprisonment which is for a period ‘not exceeding one month’.
However, there remains scope for the authorities to impose a greater sentence given that the Labour Law also makes provision for an imprisonment of up to 6 months.
With best regards,
Mrs Khan
