Urgent.. The Emirates issues clarifications on the work of a woman sponsored by husband
The Emirates issues clarifications on the work of a woman sponsored by husband, Question: I am a 'housewife' visa holder in the UAE, sponsored by my husband. Is it possible for me to work in a company without changing my visa status? What exactly is the procedure? Is it illegal, and what are the consequences?
Answer: Based on your inquiries, it is assumed that you want to work in a mainland company in the UAE. As a result, the provisions of Federal Decree Law No. 33 of 2021 on Employment Relations Regulation, Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 on Employment Relations Regulation, Administrative Resolution No. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 Concerning Work Permits, Offer Letters, and Employment Contract Forms, and Federal Decree Law No. 29 of 2021 on Employment Contract Forms,
A woman who is living in the UAE on her husband's sponsorship may work. This is in accordance with Cabinet Resolution No. 1 of 2022, which stipulates, "Subject to the terms of Article 6 of the Decree Law, the categories of work permits shall be specified as follows:
- Work permit for residents sponsored by their families: This form of permit is provided to residents sponsored by their families and employed in a Ministry-registered establishment."
Conditions of work in the United Arab Emirates
Furthermore, in order to work in the UAE, an individual must receive a work permit from his or her potential employer. This is in conformity with Employment Law Article 6(1) and Immigration Law Article 5(4). The following are the provisions of the aforementioned laws:
Article 6(1) of the Employment Law states that "no work may be performed in the UAE, and no employee may be recruited or employed by any employer without first obtaining a work permit from the Ministry, in accordance with the provisions of this Decree-Law and its Executive Regulations."
The Immigration Law states in Article 5(4), "An alien is obligated not to engage in any activity or work except in accordance with the legislation in force in the State."
You are qualified to work in the UAE under the aforementioned legal criteria. However, you and your prospective employer must follow the guidelines for work permit, offer letter, and employment contract procedures outlined in Administrative Resolution No. 38 of 2022, which may include requirements to apply for a work permit and provide a NOC letter signed by your husband if required by the Ministry of Human Resources and Emiratisation (MoHRE), which your prospective employer must submit to MoHRE in order for you to obtain a work permit. Furthermore, if you work for an employer in the UAE without a valid work permit, your employment may be considered illegal, and both you and your prospective employer may face legal penalties as a result of your employment in the UAE.
