How can an employer report an employee to ICP for overstaying after grace period expiry?

Thank you for reaching out!

If an employee’s visa has been canceled and they have overstayed the grace period without leaving the country, as an employer, you can take the following steps to file a complaint with the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP):

1. Verify Overstay Details

Before proceeding with a complaint, confirm the following:

- Visa Cancellation: Ensure the employee’s visa has been formally canceled.

- Grace Period Expiry: Verify that the grace period (usually 30-60 days, depending on the visa type) has lapsed.

2. How to File a Complaint with ICP

You can report the overstaying individual to ICP for violating UAE immigration laws. Here’s how:

- Option 1: Online Submission

• Access ICP Services: Visit the official ICP website.
• Select the Relevant Service.
• Use the “Report an Absconding Case” or a similar service that applies to overstaying individuals.
• Provide Required Details.
• Include the following information: The employee’s full name and Emirates ID number, visa details (type, cancellation date, etc.), and a confirmation that the grace period has expired.

- Option 2: In-Person Visit

Visit an ICP service center in your emirate and provide the following documents:

• Employee’s canceled visa.
• Emirates ID (if still in your possession).
• Any supporting documents confirming their overstay.
• File a formal complaint and request the appropriate action.

3. Legal Actions by ICP

Once a complaint is filed, ICP will:

- Investigate the overstay and verify the individual’s status.

- Impose penalties on the individual, including overstay fines: AED 50 per day (depending on the type of visa), and possible travel ban or additional restrictions.

- Take measures to ensure the individual leaves the country, such as issuing deportation orders.

4. Employer’s Responsibility

While the overstay is primarily the responsibility of the individual, as an employer, ensure:

- You have officially canceled their visa through ICP or the Ministry of Human Resources and Emiratisation (MOHRE).

- You have followed all procedures required for terminating the employment relationship.

5. Recommended Next Steps

- File the complaint online or in person with ICP as outlined above.

- Keep a record of your complaint for reference.

- Follow up with ICP for updates on the status of the case.

If you need assistance preparing the complaint or navigating the process, please feel free to reach out.

Best regards,

Omar Mosaad

Senior Legal Consultant

Dear Questioner,

First, confirm that the employee's visa has been officially canceled in the UAE immigration system.

Once the visa is canceled, the individual is typically granted a 30-day grace period (in most cases) to either exit the country or change their residency status.

If this grace period has expired, and the employee has not left or adjusted their status (such as applying for a new visa), they are in violation of the law.

You can file a complaint through the ICP official portal or the MOHRE portal. You may need to create an account or log in with your employer credentials to submit the complaint.

Alternatively, you can visit the ICP (Immigration and Citizenship Department) office in person to lodge a complaint.

The authorities will verify the details and take action if the employee has overstayed their grace period.

For further assistance, kindly share your WhatsApp number.

Dear questioner,

You can report absconding against him through immigration if you are unable to contact him or obtain a direct update regarding his status.

If you need further assistance, kindly share your WhatsApp number.

Thank you for reaching out with your query regarding filing a complaint with ICP (Federal Authority for Identity, Citizenship, Customs & Port Security).

If an individual has overstayed in the UAE after their visa cancellation and grace period, you, as an employer, have the right to report the matter to the relevant authorities.

The process involves submitting a formal complaint to ICP, providing documentation such as the visa cancellation papers, employment contract, and any correspondence showing their failure to exit the country within the stipulated timeframe.

Once the complaint is lodged, ICP can initiate action, which may include penalties for the individual or facilitating their exit from the UAE.

I can assist you in drafting and filing the complaint with ICP and ensure all legal steps are taken correctly to resolve the matter efficiently.

Please feel free to reach out to me via WhatsApp or phone at [-------] to discuss this further or to book my services.

Best regards,

Suhail Rana

Go to the Ministry of Human Resources and Emiratisation to file a report of absence from work against the employee.