Posted on September 14 2022
The United Arab Emirates provides work permits to individuals, allowing them to work and a residence permit to live in the country.
The residence permit is issued by the General Directorate of Residency and Foreigners Affairs (GDRFA) of a particular UAE Emirate. The Ministry of Human Resources and Emiratisation (MoHRE), issues work permits for a specific company, registered under one of the UAE Departments of Economic Development.
The major difference between a work permit and a residence permit is that they are issued by different government authorities.
While the UAE provides work permits to those people who wish to work, it issues residence permits for them to stay in the country.
A Dubai-based lawyer, Sunil Ambalavelil stated, “the residence permit is issued by the General Directorate of Residency and Foreigners Affairs (GDRFA) of a particular UAE Emirate. The Ministry of Human Resources and Emiratisation (MoHRE), issues work permits for a specific company, registered under one of the UAE Departments of Economic Development.”
Additionally, a work permit allows the individual to work for an authorized organization as per the Federal Decree-Law 33 of 2021 which was declared by MOHRE.
It is important to keep in mind that, MOHRE issues work permits only to businesses with UAE Departments of Economic Development incorporations. On the other hand, for businesses that operate in the free zone, a suitable work permit is issued.
To work lawfully, a foreigner must acquire an employment visa. This visa must be sponsored by a national or a legal individual from the UAE, under the Federal Decree-Law on Entry and Residence of Foreigners.
Whereas, the individuals from other countries, sponsored by an organization from the private sector, an employment visa will be provided within a period of two years. This visa will be granted in accordance with the regulations and standards of the UAE. The impact of employment visa on residence visa Sunil Ambalavelil said, “although the UAE visa and work permits are issued by two different authorities, the visa procedure is still associated with each other. Especially in situations where the employer must apply for a worker's residence visa.”
Those individuals whose visas are not sponsored by the company are the ones who are unaffected even if their work permit has been canceled. For example, individuals who are sponsored by their parents and those who own a Golden Visa are categorized under this group.
Ibrahim Khaleel Arimala, the senior legal consultant and managing partner at Musaab Ali Al-Naqbi Advocates and Legal Consultants stated, “as the procedures for the work permit and visa cancellation is very distinct, an extra time is provided to the individuals who have been sponsored on the basis of an employment visa.”
“If the work permit has been canceled, this employer visa will not be terminated automatically. Instead, these individuals will be given an extra time of one month to renew their status and apply for another resident visa.”
On your behalf, your employer will apply for a new UAE residence visa, in case you have been hired by a new business. You can apply for a family visa if you have been given an option to apply.
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If you are unable to renew your residence status in the UAE even after the provided extra time, then you will have to immediately leave the country. Else, a high amount of overstay charges must be paid for staying in the country after visa expiration.
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