Do not risk working with a tourist visa in the UAE

Dubai attracts thousands of visitors every year, whether for holidays or work. For many, working and living in Dubai go hand in hand with prestige and success. Unfortunately, many of them are blinded by attractive job offers without knowing that these could get them into serious trouble. It is important to note that it is strictly prohibited to work in the United Arab Emirates with a simple tourist visa. Working conditions in the UAE are strict and regulated by the Emirati authorities. See the article on employment contracts in the United Arab Emirates.

Working in the United Arab Emirates

            Without a work permit: run away!

To have the right to work legally in the UAE, foreigners (non-Emiratis) must obtain a work permit as well as a residence visa. If you are considering working in the UAE without an employment contract while holding a tourist visa, we advise you to run away. Job seekers are warned about the false promises made by certain companies based in the UAE that take advantage of the tourist visa status of visitors in Dubai looking for work. The law is very clear regarding tourists’ status. No individual in the country holding a simple tourist visa is authorized to work there. Unfortunately, many visitors find themselves in this situation every year. The most common case is a company that promises an employee on a tourist visa a work and residence visa, then, once the tourist visa expires, informs the employee that it will not be able to provide a work visa. The main problem is that although the visitor can go to the police station and the employer will be penalized, the employee in an irregular situation also risks being deported from the country. That is why, although this type of practice is prohibited, it remains widespread because it goes unpunished. Article 11 of Federal Law No. 6 of 1973 states "a foreigner who obtains a visit visa may not work anywhere in the country, whether for remuneration or not, or on their own account." There is no ambiguity: a tourist visa is not intended for working in the United Arab Emirates.

Illegal workers will not go unpunished

            What companies risk: heavy fines

Serious penalties apply to people who fail to comply with the law. The Federal Decree No. 7 of 2007 states: "a fine of AED 50,000 per worker has been prescribed if the MoHRE finds that an employer employs a person holding a visit visa." This decree stipulates that a company employing someone who holds a tourist visa risks a fine of AED 50,000 per employee. If the company repeats the offense, the fine will double to AED 100,000.

            What visitors risk: a lifetime ban from the UAE!

No person present in the country on a tourist visa is authorized to work. If certain people violate the law and are caught, they will be immediately deported and banned for life from entering the UAE, and this applies to all seven Emirates. As for Emiratis, they face a six-month prison sentence.

The normal recruitment process

In both the public and private sectors, there is a precise hiring process defined by law. The employee first receives an offer letter to be signed by both parties (employer and employee), followed by the signing of the employment contract. Finally, the employer handles the procedures for obtaining the work permit and work visa.

            1- Offer letter

The offer letter is the initial step in a recruitment process. This document includes all the basic elements of your employment conditions. Once signed, no changes may be made unless both parties agree to the changes by mutual consent.

            2- Approval by the Ministry

This offer letter must be approved by the MOHRE to be valid. To be valid, the employer must ensure that the employee has properly read and understood all the elements mentioned in the job offer. If it is established that a worker did not have access to the appendices before signing the employment contract, the employer faces a fine of AED 20,000 for sharing incorrect information with the MOHRE.

            3- Employment contract in the United Arab Emirates

The employment contract is signed by both parties. It confirms that the employee agrees to work under the direction of their employer in exchange for compensation. The employment contract contains the elements mentioned in the offer letter.

            4- Work permit/residence visa

Your employer will then arrange to provide you with a work permit and a residence visa. Keep in mind that for certain positions, your diplomas must be legalized and attested at the UAE embassy in your country of origin. You will then need to go to the MOFA (Ministry of Foreign Affairs) of the UAE for the final attestation of your diplomas.

            5- Keep your passport!

You may have heard many stories about employers who keep their employees’ passports, thereby controlling their every move. You have the right to keep your passport in your possession. Holding a passport against its holder’s will is illegal in the UAE. Your future employer therefore cannot ask you to hand over your passport for safekeeping. They may keep it only if there is written consent from the employee. As a PRO, our team handles the procedures for obtaining residence visas for you and all your employees. Our firm assists you with setting up a company in the United Arab Emirates, and our partner Merritt Legal Consultants supports and assists you with all your employment and business law matters. Merritt Legal Consultants works in collaboration with a local firm for all contentious proceedings and can assist you with your procedures. Do not hesitate to contact support@merritt.ae .