Mandatory “Human Resources and Emiratisation” permit for those subject to the Labor Law

Submission of the contract or appointment decision as a condition for issuing a work permit for foreigners

The "Federal Identity" has launched a new system for visas within the executive regulations that separates the residence and the employer.

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The executive regulations of the Law on Entry and Residence of Foreigners, which will be implemented next month, specify the procedures and conditions for issuing a residence permit to work for a foreigner linked to a work contract with an employer, including submitting a work contract or appointment decision for a foreigner.

The Federal Authority for Identity, Nationality, Customs and Ports Security announced the launch of a new visa system within the executive regulations, separating the residence and the employer, and relied on the existing contractual relationship between the worker and the employer, and the sponsorship system was completely dispensed with.

In detail, the new executive regulation for the entry and residence of foreigners in the country stipulates that the Federal Authority for Identity, Nationality, Customs and Ports Security may grant a foreigner linked to a work contract with an employer a residence permit to work according to three conditions. First, if the recruitment agency is a federal or local public sector entity, it is issued The authority has a residence permit after submitting a work contract or appointment decision for a foreigner. Secondly, if the recruitment agency is subject to a federal decree regulating labor relations, or if it is an auxiliary service worker, a permit must be obtained from the Ministry of Human Resources and Emiratisation, and thirdly, if the recruitment agency is one of the entities Excepted from all provisions of the Federal Decree-Law on regulating labor relations or from the requirement to obtain a work permit from the Ministry of Human Resources and Emiratisation, the Authority issues a residence permit after submitting a work contract or appointment decision to a foreigner, and in all cases, these institutions must have a wage protection system as determined body inThis connection.

The regulation referred to a set of general provisions for the issuance of residence permits, in addition to the controls and conditions set forth, as it stipulated that a foreigner be granted residence in the country, that he be healthy in accordance with the regulations in force in this regard, that the foreigner enjoy health insurance throughout his stay in the country, payment of the fee and the guarantee scheduled financial.

She stated that the residence permit entitles its holder to the right to reside in the country for a period of two years, renewable, for a similar period or periods according to the same conditions under which it was granted, and it may also be issued for a period of one year at the request of the person concerned or for the requirements of the public interest or in cases determined by the head of the authority.

It identified nine cases in which a foreigner may obtain a residence permit in the country, without work, which are: the student enrolled in universities, colleges, educational or research institutions licensed in the country, the foreigner who works remotely (virtual work) with an entity outside the country, the retired foreigner The foreigner who owns real estate in the country, the family members of the foreigner residing in the country (husband and children), and it may include the foreigner’s parents if he is one of those who obtained the green residency, and the parents, children and husband of the male or female citizen who hold foreign passports, and the foreigner whose husband the citizen died Or he divorced her and she had one or more children from him, and humanitarian cases that are regulated by a decision issued by the head of the Federal Authority for Identity, Nationality, Customs and Ports Security.

Entry visa for residence without work

Article (34) confirmed that the Federal Authority for Identity, Nationality, Customs and Ports Security may grant a foreigner an entry visa to reside without work that allows its holder to stay in the country for a period of 60 days from the date of entry until the completion of the necessary procedures for issuing residency in the nine previously specified cases, and it applies to the specified categories The provisions and controls contained in the third chapter of the resolution.

• A residence permit may be issued for a period of one year at the request of the person concerned or for the requirements of the public interest.

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