Do not risk working with a tourist visa in the UAE

Dubai attracts thousands of visitors every year, whether for vacations or work. For many, working and living in Dubai are synonymous with prestige and success. Unfortunately, many of them are blinded by attractive job offers without knowing that these could cause them serious problems. 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 on 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 abuse the tourist visa status of visitors present in Dubai to find employment. 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 involves a company that promises an employee on a tourist visa a work and residence visa, then, once the tourist visa expires, tells 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. This is why, although prohibited, these practices remain widespread because they go 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 without remuneration, or on their own account". It is unequivocal that 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 individuals who fail to comply with the laws. Federal Decree No. 7 of 2007 states: "a fine of AED 50,000 per worker was prescribed in the event that MoHRE finds that an employer employs a person holding a visit visa". This decree stipulates that a company that employs someone holding a tourist visa risks a fine of AED 50,000 per employee. If the company repeats the offense, the fine will be doubled 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 some people violate the law and are caught, they face immediate deportation accompanied by a lifetime ban on entering the UAE, and this applies to all seven Emirates. As for Emiratis, they face a six-month prison sentence.

The standard recruitment process

In both the public and private sectors, there is a precise hiring process defined by law. The employee receives an offer letter to be signed by both parties (employer and employee), followed by the signing of the employment contract, after which the employer will handle 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 sets out 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 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 incurs a fine of AED 20,000 for sharing incorrect information with 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 the employer in exchange for remuneration. The employment contract includes the elements mentioned in the offer letter.

            4- Work permit/residence visa

Your employer will then arrange for you to receive 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 MOFA (Ministry of Foreign Affairs) in the UAE for the final attestation of your diplomas.

            5- Keep your passport!

You have probably 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 with a local firm for all litigation procedures and can assist you with your proceedings. Please do not hesitate to contact our lawyer, Maître Joséphine D’Angelo, by telephone at +971 56 953 7401 or by email at josephinedangelo@merritt-legal.com.