Urgent.. The emirates issues clarification regarding the work visa and bringing family
The emirates issues clarification regarding the work visa and bringing family, I have received a work offer in the UAE, and I am making preparations to move there as soon as possible. Could you help clarify whether or not I am allowed to bring my wife and two children with me when I come? What kinds of documentation would be necessary on my end?
In response to your questions, I will make the assumption that you have been extended a job offer by a firm that is located on the mainland of Dubai and that this company is the one who will be sponsoring your United Arab Emirates residency visa.
So, the rules of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, Administrative Resolution No. 38 of 2022 on the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 on Work Permits, Offer Letters, and Employment Contract Forms, and Federal Decree Law No. 29 of 2021 Regarding Entry and Residence of Foreigners are applicable.
An employer in the UAE is permitted to seek a work permit on behalf of an employee in order to enable that employee to begin working for the company after recruiting the employee from outside the UAE. This is in accordance with the terms of Article 6(1) (a) of Cabinet Resolution No. 1 of 2022, which specifies as follows: "Subject to the provisions of Article 6 of the Decree Law, the categories of work permit shall be determined as follows:
a. Work permit (recruitment of an employee from outside the state): This type of permit grants permission for businesses that are registered with the Ministry to recruit an employee from outside the state.
In addition, the conditions for recruiting an employee in the UAE are outlined in Article 6 of the Employment Law, and Administrative Resolution No. 38 of 2022 outlines the standards and processes connected to work permits, offer letters, and employment contracts. Furthermore, Article 6 of the Employment Law outlines the circumstances for recruiting an employee in the UAE.
According to the legal rules that were just discussed, it is presumed that your potential employer will hire you on as a full-time worker. This is in accordance with the Employment Law's Article 7 (1) (a), which specifies that such an arrangement must be made.
"The following types of employment contracts are to be considered acceptable models:
Working for one company for the entire shift, including all scheduled hours and breaks, is an example of full-time employment.
Your potential employer will apply for your UAE residency (entry permit) as your sponsor once they have obtained a work permit that allows them to employ you in the UAE. This will allow you to reside in the UAE. You are only permitted to go to the United Arab Emirates (UAE) on the basis of an entry permit that has been sponsored by your potential employer and that has been given by the General Directorate of Residency and Foreigners Affairs -Dubai (GDRFA). On the other hand, you should think about the possibility of taking your wife and your two children to the United Arab Emirates with you on visit visas so that they can live with you there.
Obtaining a family residence visa in the UAE
After you have finished all of the necessary steps to obtain your work permit and residency visa in the UAE, you will then be able to change the visa status of your family members who are currently living in the UAE and apply for residency visas for them. You have the ability to sponsor family members for residency visas in the UAE if you are a resident of the UAE. This is in accordance with Article 9 of the UAE Immigration Law, which states, "A foreigner who has obtained a residence permit in the State may recruit in his family members in accordance with the controls and conditions determined in the Executive Regulations of this Decree Law." In other words, this provision allows a foreigner to bring family members into the country if they meet certain requirements.
Alternately, you may think about travelling to the UAE on your own with the entry permit issued by GDRFA under the sponsorship of your prospective employer and then bringing your family to the UAE under your sponsorship once you have joined your employment in the UAE and completed all of the formalities related to obtaining your UAE residency visa. These formalities will include signing the employment contract, undergoing medical fitness tests, and visiting one of the centres of the Federal Authority for Identity and Cufflinks. If you choose this option, you will be required to A copy of your family's passports, a marriage certificate notarized and attested by the UAE embassy in your home country and later by the Ministry of Foreign Affairs & International Co-operation in the UAE, a copy of your employment contract, a copy of your tenancy agreement, tenancy registration (Ejari if residency is in emirate of Dubai), and proof that your family has undergone medical fitness tests in the UAE may all be necessary for you to sponsor your family in the UAE, A person who has a salary of Dh4,000 per month without accommodation or Dh3,000 per month with lodging provided by an employer is eligible to apply for residency permits in the UAE for his wife and children.
For more information on this subject, you are welcome to get in touch with both your potential employer and the GDRFA.
