When can a mother sponsor her son in UAE?
A resident in the UAE may sponsor his/her son only up to the age of 18 years.
Q: I have completed a two-year post-graduation course from a university in Dubai, which provided me with a residence visa valid until February 10, 2020. I have been interning with a company established in the Dubai Internet City (DIC) simultaneously while pursuing my post-graduate degree. Due to certain organisational policy issues of the company I am interning with, it is unable to employ me as a permanent employee. However, they are willing to let me continue my internship. I am 27 years old and am currently residing in Dubai with my mother and brother, both of whom are employed. After the expiry of my current visa issued by the university, can a residence visa be issued to me under my mother's sponsorship that allows me to reside in Dubai and complete my internship?
A: Regulations pertaining to the issuance of visas are stipulated under Federal Law No. (6) for 1973 concerning immigration and residence as amended by virtue of Law No. (7) of 1985, Law No. (13) of 1996 and Federal Decree Law No. (17) of 2017 (the 'Federal Residency Law') read with the provisions of the Ministerial Decision No. (360) of 1997 regarding the issuance of executive regulation of the Federal Law No. (6) of 1973 concerning the entry and residence of foreigners (the 'Federal Residency Rules').
Pursuant to your query, it may be noted that based on the fulfilment of sponsorship conditions and the satisfaction of the General Directorate of Residency and Foreign Affairs (GDRFA), the GDRFA may grant an entry permit for residence in the UAE to family members of a foreign woman who is employed and her employment pertains to rare or important specialities. This is in accordance with Article 28 (h) of the Federal Residency Rules, which states:
"The GDRFA may grant the foreigner an Entry Permit for Residence in the country, in the following case:
(h) To the family members of the foreign lady working in the rare or important specialities, such as medicine, engineering, teaching and similar occupations, referred to in paragraph (f) of item (Fourth) of Article 23 hereof, if the required conditions for sponsorship are satisfied."
If your mother is employed in one of the categories that have been mentioned in the aforesaid provision, she may be eligible to sponsor you. And, if a woman is not employed in the mentioned categories, she may still apply to sponsor her family provided her monthly salary is more than Dh10,000 after an application is made and a special permission taken from the GDRFA.
Further, a resident in the UAE may sponsor his/her son only up to the age of 18 years. And if the son is studying in the UAE or abroad, he can be sponsored beyond 18 years until the age of 21 on providing the proof that he is studying and has been entering the UAE at least once every six months. Such residence visa is granted on a yearly basis, and is renewable until the person finishes his education.
As you are currently 27 years of age and your visa is currently sponsored by your university, you may contact the GDRFA, to check if your mother may sponsor a residence visa for you, upon expiry of the university-sponsored visa. And it may be noted that such visa sponsorships are granted at the discretion of the GDRFA.
However, in furtherance of the above, a residence visa sponsored by your mother will not allow you to work, either in a full-time employment or in an internship. Since the main reason for seeking your mother's sponsorship for your visa is for you to complete your internship, it would be pertinent for you to clarify from the GDRFA, if the said visa-status would allow you to work, or more specifically allow you to complete your internship.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: firstname.lastname@example.org or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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