Legal view: Can I re-enter UAE after being deported?
You may grant a power of attorney to any person of your choice residing in the UAE to check if there is a lifetime ban on you entering the UAE.
Q: I am a Filipino national. In 2012, I absconded from the employer after which I got jailed and was deported. Now, I want to come to the UAE to find work again. Is it possible to come back to the UAE after certain period of being deported?
A: Pursuant to your queries, in the UAE, an employer is entitled to file an absconding complaint against the employee with the Ministry of Human Resources and Emiritisation (MoHRE) and General Directorate of Residency and Foreigners Affairs (GDRFA) if he has stopped working for seven consecutive days and his whereabouts are not known. This is in accordance with Article 1 of the Ministerial Resolution No. 721 of 2006 on Escape Reports Procedures, which states, "An escape report is applied on the case of the employee who has stopped working for more than seven consecutive days if the employer pledged that he does not know his whereabouts or has a legitimate reason for his absence in accordance with the provisions of this Ministerial Resolution."
It may be noted that if an employee absconds and his whereabouts are not known and if later traced in the UAE on the basis of complaint made by his employer, such employee may be detained and later deported to his home country if proven guilty by the Court on charges of absconding. An employee deported on the grounds of absconding shall not be allowed to be employed in the UAE. This is in accordance with Article 11 of Ministerial Resolution No. (721) of 2006 on Escape Reports Procedures, which states, "Any employee whose work relation ended in escape and against whom a final escape circular was issued shall be permanently deprived of working in the State in accordance with the provision of this resolution."
If an individual is deported from the UAE, he or she cannot re-enter the country. This is in accordance with Article 28 of the Federal Law No (6) for 1973 Concerning Immigration and Residence which states: "A foreigner who has been deported may not return to the country except with special permission from the Minister of Interior".
Based on the aforementioned provisions of law you may not be able to travel to the UAE.
However, since you are interested to travel back to the UAE, you may grant a power of attorney to any person of your choice residing in the UAE to check if there is a lifetime ban on you entering the UAE. If there is a lifetime ban, you may authorise your power of attorney holder to appear on behalf of you before the authorities concerned in the UAE and check with the said authorities the possibilities of lifting the lifetime ban on you.
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: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.