Legislation Details
- Full Title: Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners
- Law Type: Federal Decree-Law
- Law Number: [no number] of [no year]
- Issued Date: 12 Jul 2022
- Effective Date: 03 Oct 2022
- Official Gazette: No. 731
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 172
- Chapters/Parts: 0
- Amendments: 5
Summary
This Cabinet Resolution issues the Executive Regulation of the Federal Decree-Law Concerning the Entry and Residence of Foreigners in the United Arab Emirates. The law regulates the entry, residence, and deportation of foreign nationals in the UAE, including requirements for visas, residence permits, and obligations of foreigners and recruitment agencies. The law is significant for businesses and individuals in the UAE, as it outlines the legal framework for employing, sponsoring, and hosting foreign workers and residents. The practical impact includes new visa and permit categories, stricter documentation requirements, and enhanced enforcement powers for the authorities. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022)
What is the scope and purpose of this law?
The law regulates the entry, residence, and deportation of foreigners in the United Arab Emirates. It applies to any individual who does not hold UAE nationality. The law's purpose is to establish the legal framework and requirements for foreigners to enter, reside, and work in the UAE, as well as the obligations of foreigners and recruitment agencies. The law grants the Federal Authority for Identity, Nationality, Customs and Ports Security (ICA) the authority to enforce the law's provisions. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- ICA: Federal Authority for Identity, Nationality, Customs and Ports Security
- Chairman: Chairman of the Federal Authority for Identity and Citizenship, Customs and Ports Security
- Foreigner: Anyone who does not have UAE nationality
- Visa: Official document that enables a foreigner to enter and stay in the UAE for a specified period
- Residence Permit: Document that gives a foreigner the right to reside in the UAE for a specified period
- Ports: The official land, air, and sea ports in the UAE designated for entry and exit of foreigners
- Travel Document: Official document that identifies a foreigner's identity, approved by the Chairman
- Prior Visa: Entry status granted to a foreigner before arriving in the UAE
- Law by Decree: Federal Law by Decree No. (29) of 2021 concerning the Foreigners Entry and Residence
(Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations on foreigners: 1. Register their data and place of residence when submitting an entry visa or upon entering the UAE if exempt from a prior visa. Notify the ICA of any changes. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 6) 2. Not work with or without pay unless they obtain a license from the competent authority. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 6) 3. Report the loss or damage of their passport or identity card to the nearest police station within 3 days. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 6) 4. Extract documents to prove the identity of a newborn child born in the UAE and amend the child's status or ensure the child leaves the UAE within 4 months of birth. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 6) 5. Leave the UAE after the expiry of the authorized stay period. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 6) 6. Show their identity card or proof of identity upon request. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 6)
What licensing, registration, or approval requirements exist?
The law requires the following licensing and registration: 1. Natural and legal persons in the UAE may not employ a foreigner, even on a trial basis, without obtaining a license to do so from the competent authorities. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 6) 2. Recruitment agencies, whether as a guarantor or contracting entity with a foreigner, must employ the foreigner whenever the foreigner is authorized to work. They must notify the competent authorities within 48 hours if the foreigner does not appear for work or is absent. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 6)
Which authorities or bodies are responsible for enforcement?
The Federal Authority for Identity, Nationality, Customs and Ports Security (ICA) is the main authority responsible for enforcing this law. The ICA's powers include: 1. Arresting any person arriving in the UAE if their passport or travel document is suspected of forgery, tampering, or alteration. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 5) 2. Conducting inspections and activating the role of inspections to ensure compliance with the law. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 62-63) 3. Issuing administrative fines for violations of the law. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 64) 4. Deporting foreigners from the UAE in certain circumstances. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 65-76)
What are the penalties for non-compliance?
The law does not specify any penalties. It states that the ICA can issue administrative fines for violations, but the amounts are not provided. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022, Art. 64)
When did this law come into effect?
This Cabinet Resolution came into effect on 3 October 2022, as stated in the "Effective Date" section. It was published in Official Gazette No. 731 on 15 July 2022. (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022)
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued pursuant to the following UAE laws: - Federal Law No. (1) of 1972 concerning the Competencies of Ministries and the Powers of Ministers - Federal Law No. (11) of 2018 regulating the Ministry of Foreign Affairs and International Cooperation - Federal Law by Decree No. (14) of 2021 concerning the Establishment of the Federal Authority for Identity, Nationality, Customs and Ports Security (ICA) - Federal Law by Decree No. (29) of 2021 concerning The Foreigners Entry and Residence - Federal Law by Decree No. (33) of 2021 Regulating Labor Relations (Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners, 2022)
Source Documents
This article analyses Cabinet Resolution Issuing the Executive Regulation of Federal Decree-Law Concerning the Entry and Residence of Foreigners for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.