Legislation Details
- Full Title: Federal Law by Decree Concerning Entry and Residence of Foreigners
- Law Type: Federal Law by Decree
- Law Number: (29) of 2021
- Issued Date: 16 Sep 2021
- Effective Date: 26 Oct 2021
- Official Gazette: No. 712
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 77
- Chapters/Parts: 0
- Amendments: 0
Summary
The Federal Law by Decree Concerning Entry and Residence of Foreigners regulates the entry, residence, and obligations of foreigners in the United Arab Emirates. It establishes the Federal Authority for Identity, Citizenship, Customs and Ports Security (ICA) as the sole implementing body and sets out the conditions, procedures, and penalties related to foreigners' visas, residence permits, deportation, and other immigration matters. The law aims to provide a comprehensive legal framework for managing the entry and stay of foreigners in the UAE, which is crucial given the country's large expatriate population and status as a global business hub. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 1-3)
What is the scope and purpose of this law?
The law applies to all foreigners wishing to enter or reside in the UAE, including in the free zones. However, it excludes heads of state, diplomatic and consular personnel, and those exempted under international agreements to which the UAE is a party. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 2) The purpose of the law is to regulate the entry, residence, and obligations of foreigners in the UAE, as well as to empower the ICA as the sole authority responsible for implementing its provisions. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 3)
What are the key definitions under this law?
- State: United Arab Emirates
- ICA: The Federal Authority for Identity, Citizenship, Customs and Ports Security
- Chairman: Chairman of The Federal Authority for Identity, Citizenship, Customs and Ports Security
- Foreigner: Anyone who does not hold the nationality of the UAE
- Visa: An official document that enables a foreigner to enter and stay in the UAE for a specified period
- Residence Permit: An official document that enables a foreigner to reside in the UAE for a specified period
- Ports: The UAE's official land, air, and sea ports for the entry and exit of foreigners, as determined by a Cabinet resolution
(Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 1)
What are the main obligations and requirements?
Foreigners must: (1) enter and exit the UAE through approved ports; (2) register their data when entering and exiting the country; (3) notify the ICA of any changes to their entry, residence, or work data; (4) not engage in any activity or work except in accordance with UAE laws; (5) leave the UAE upon the expiry or cancellation of their visa or residence permit; and (6) abide by any other obligations specified in the law's Executive Regulation. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 5)
Captains of ships and planes, as well as drivers of other means of transportation, must provide the ICA with specified documents and data upon arrival or departure from the UAE. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 6)
What licensing, registration, or approval requirements exist?
The ICA is responsible for issuing, renewing, and cancelling visas and residence permits in accordance with the provisions of the law and its Executive Regulation. The Executive Regulation will determine the types of visas and residence permits, as well as the controls and conditions for their issuance, duration, renewal, and cancellation. Embassies and consulates representing the UAE abroad may also issue visas under the controls specified in the Executive Regulation. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 7-8)
What rights and protections does this law provide?
The law does not explicitly mention any specific rights or protections granted to foreigners. It focuses primarily on regulating the entry, residence, and obligations of foreigners in the UAE.
Which authorities or bodies are responsible for enforcement?
The Federal Authority for Identity, Citizenship, Customs and Ports Security (ICA) is solely responsible for implementing the provisions of this law. The Chairman of the ICA or their authorized representative is empowered to make certain decisions, such as exempting foreigners from visa requirements or cancelling visas and residence permits in special cases. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 3, 4, 10)
What are the penalties for non-compliance?
The law imposes several penalties for non-compliance, including:
- An administrative fine for each day a foreigner resides illegally in the UAE after the expiry or cancellation of their visa or residence permit. The fine amount is to be determined by a Cabinet resolution. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 11)
- An administrative fine for each day a foreigner fails to obtain documents and establish residency for their newborn child within four months of birth. The fine amount is to be determined by a Cabinet resolution. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 12)
- Temporary imprisonment for a driver or captain who brings in or takes out a foreigner in violation of the law. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 22)
- Imprisonment for up to six months and/or a fine of AED 5,000 to AED 10,000 for providing false statements to evade the law's provisions. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 23)
- Imprisonment for up to ten years for forging a visa, residence permit, or related official document. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 24)
- A fine of AED 50,000 for various other violations specified in Article 25.
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or other financial provisions, apart from the administrative fines mentioned in Articles 11, 12, and 25. The exact amounts of these fines are to be determined by a Cabinet resolution. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 11, 12, 25)
What exemptions or exceptions apply?
The law exempts the following from its provisions:
- Heads of state and their family members
- Heads and members of diplomatic and consular missions accredited to the UAE and their families
- Those exempted under international agreements to which the UAE is a party, within the limits of those agreements
Additionally, the Chairman or their authorized representative may make exemptions from the visa requirement or other conditions for entry in cases of necessity. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 2, 4)
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms or procedures. It focuses primarily on regulating the entry, residence, and obligations of foreigners in the UAE, as well as the powers and responsibilities of the ICA in this regard.
What are the key deadlines and time limits?
The law sets the following key deadlines and time limits:
- Foreigners must obtain documents to prove the identity of their newborn child and establish the child's residency within four months of the birth. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 12)
- Foreigners must inform the ICA within 24 hours if their passport is lost or damaged. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 14)
- The Chairman or their authorized representative may detain a foreigner whose deportation order has been issued for up to 30 days, with the possibility of a further 30-day extension. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 15)
How does this law interact with other UAE legislation?
The law repeals Federal Law No. (6) of 1973 Concerning the Entry and Residence of Foreigners, and any amendments thereto. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Art. 37)
The law also references several other relevant UAE federal laws, including:
- Federal Law No. (8) of 1980 Regulating Labour Relations
- Federal Law No. (3) of 1987 Issuing the Penal Code
- Federal Law No. (35) of 1992 promulgating the Criminal Procedure Law
- Federal Law No. (11) of 2018 concerning the Regulation of the Ministry of Foreign Affairs and International Cooperation
- Federal Law by Decree No. (14) of 2021 Establishing the Federal Authority for Identity, Nationality, Customs and Ports Security
(Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Preamble)
When did this law come into effect?
The Federal Law by Decree Concerning Entry and Residence of Foreigners was issued on 16 September 2021 and came into effect on 26 October 2021, as published in the Official Gazette No. 712. (Federal Law by Decree Concerning Entry and Residence of Foreigners, 2021, Issued Date, Effective Date)
Source Documents
This article analyses Federal Law by Decree Concerning 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.