Dh120 plus Dh25 per day for overstaying

My two children and I are on my husband’s sponsorship. As he lost his job, we cancelled our visas on September 3. I joined a local bank here against a monthly salary of Dh7,500, in the position of a Sales Consultant. But they told me that I will get a salary certificate only after one and a half months. My husband joined a new company after September 15. His salary will be Dh5,000. My children’s school has started and so we cannot send them to our home country now. In this scenario, please tell us what will happen if they stay back in the UAE after October 1. We may have to wait till October 30 to sponsor them. What would be the fine for each day of overstay? Or, will it become a police case? Kindly, help me with this dilemma.

As per the immigrations rules, one has to leave the country within 30 days after cancellation of visa. Since the children’s visas were cancelled on September 3, they are either supposed to stamp new visas or leave the country within 30 days. In case of overstay, they will be subject to fine only. Please note that it will not become a criminal case. However, your children will be subject to a fine of Dh120 each for the first day and thereafter Dh25 for each day. Furthermore, you can contact directly AMER service on 8005111, a 24-hour hotline for visa and naturalisation issues, recently opened by the government for such queries.

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Switching jobs

I have been working for a company since the past six years, and now I have got another good job. I have a bank loan and I checked with the bank whether it is possible to switch to the new employer. They said it is possible if I provide the offer letter and other documents. Is it okay if I change my job? After my visa gets cancelled, I have to go to my home country and come back. Will I face any problem at the immigration?

Of course, you can switch your employer in accordance with the terms and conditions mentioned in your employment contract. Furthermore, if you have not defaulted the repayment of your loan, you will not face any problem at all. You will only face a problem if the bank files a criminal case against you or you have committed any other crime. In the absence of these two, you can easily exist the UAE and come back. Usually, the loan is subject to the terms and conditions mentioned in the loan agreement. Since, the bank agreed upon the switch of employers, you can switch them easily. Also, it is not necessary for you to exist from the UAE in case of switching jobs; you may stamp your new visa by paying Ta’adil Waza’a fee without going back to your country.

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Private tuitions

I have been working with a company in Dubai as a teacher for more than two years. If my sponsor gives me a written permission, can I give private tuition in the evenings and during the weekends? Do I need further permits? Please advise.

Article 11 imposes an obligation upon every foreign worker to work for a specific employer, and only who is approved by the relevant authority. Article 11 states: “Where the visa is one for visit, the alien may not work in any part of the country whether for a salary or benevolently or as a self -employed. Should the visa be granted to work with any specific individual or establishment, its holder may not work with another individual or establishment unless with his or its written consent and the approval of the Directorate General of Nationality and Residence.” Article 34(1) gives a different kind of punishment to those (employee or employer) who violates the law. Article 34(1) states that: “Shall be punished by a fine of Dh50,000, whoever employs an alien who is not under his guarantee or without abiding by the conditions and procedures required for the transfer of the guarantee or without the relevant authorisation. The penalty shall be imprisonment and a fine of Dh50,000, in case of recidivism. The guarantor shall incur the same penalty stated in the two foregoing paragraphs if he does not engage the guaranteed alien or allows him to work with third persons without complying with the prescribed legal measures. Also, Article 34(6) imposes extradition of foreign worker who works with another person. Article 34(6) states: “Under all circumstances, the Court shall order the extradition of the alien infringer as well as the alien who employed or sheltered him, in case of recidivism.”

Since private tuition is work with another individual without the approval of the Directorate General of Nationality and Residence, it is illegal in the UAE. Therefore, any tutor or parent arranging it can be fined, or even deported or put in jail. It is also worthy to note that sponsor permission will not make any difference as the sponsor does not have any legal authority to issue such permission.

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Compiled by Ahmed Shaaban

Mushtaq Ahmad Jan is a lawyer at the Global Advocates and Legal Consultants, with a Master’s Degree in International Commercial Law, University of Hull, Kingston-upon-Hull, England. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai, UAE.