Apart from the earning members of the family who live in the country on employment visas and individuals on long-term visas such as the golden visa, most UAE residents live in the country as dependents on the employment or long-term visa holders. Therefore, questions often arise as to the status of these dependents when the main visa is cancelled. 

What is the law governing the residence of foreigners in the UAE?

The entry and residence of foreigners in the UAE is governed by Federal Decree Law No. 29 of 2021 (UAE Law). This law covers the requirements for a foreigner to enter the UAE, necessary documentations required, their obligations while in the country, the laws that govern their residence and cancellations, and the penalties in case of non-compliance of the law. 

Rights and obligations of a Residence Permit holder

A Residence Permit is an official document issued in accordance with the provisions of the UAE Law enabling a Foreigner to stay in the UAE. 

  1. A foreigner may reside in the UAE throughout the period specified in the residence permit. Upon the expiry of the residence permit, it may be renewed.  
  2. The foreigner who has obtained a residence permit in the UAE may bring in his family members, as dependents, in accordance with the rules and conditions specified in the UAE Law. 
  3. The foreigner is obligated to notify the Federal Authority for Identity, Citizenship, Customs and Ports Security in the event of any change in his entry, residence and work data.
  4. The foreigner must leave the UAE when his residence permit expires or is cancelled, unless he has renewed his residence permit. 
  5. If the residence permit is cancelled or expired, and the foreigner did not renew the permit or did not leave the UAE within the periods specified by law, he shall be subject to an administrative fine for each day of illegal stay in the UAE, from the date of the expiry of these periods. 
  6. Cancellation of the residence will also result in the cancellation of the residence visas of his dependents. 

Foreigner’s Newborn

If a foreigner has a newborn baby in the UAE, he has 4 months, from the date of birth of the newborn, to obtain documents to prove the identity of his newborn in accordance with the law, and to confirm the residence of his newborn. 

In case of non-compliance, an administrative fine will be imposed on him for each day starting from the expiry date of the above-mentioned period. 

Status of visa of the dependents after loss of job

If a foreigner loses his job and his visa is cancelled, he is provided a grace period of one month to obtain a residence permit, either under a new employment, or under other legitimate methods such as starting a company under a freezone, or obtaining a long-term residence visa. 

The validity of a family member’s visa is directly tied to the sponsor’s visa as per Article 54 (3) of Cabinet Resolution No. (65) of 2022 Issuing the Executive Regulations of Federal Law by Decree No. (29) of 2021 Concerning the Entry and Residence of Foreigners. Thus, if the foreigner is unable to obtain a residence visa, his dependents’ visas will be cancelled upon the expiry of the sponsor’s visa. 

Status of Visa of a spouse after divorce

The immigration department may grant an extension of one year for the visa of a spouse or children after the divorce or death of a sponsor spouse. The extension starts from the date of the divorce or death. It is pertinent to note that the duration of the child’s/children’s residence visa should not exceed that of the mother, and the issuance of such visas is at the discretion of the competent authority.