UAE: Do Golden Visa holders need to change residency status when switching jobs?

Question: I have been working for a company in Dubai for the past seven years. Last year, I invested in a property in the emirate, which enabled me to obtain the Golden Visa. I have now received a job offer from another Dubai-based company. How do the visa and documentation formalities work if I decide to accept this new position?

Answer: As a Golden Visa holder, you are allowed to take up employment in the UAE. This is in line with Article 7 of the Federal Decree Law No. 33 of 2021 and Article 6(1)(j) of Cabinet Resolution No. 1 of 2022, which states that a "Golden Visa holders permit is issued upon request by a registered establishment wishing to hire such an employee.

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Golden Visa holders permit: This type of permit is issued upon the request of an establishment registered with the Ministry that wishes to employ an employee holding a golden visa in the State.”

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In other words, even though you are self-sponsored under the Golden Visa, your new employer must still apply for a work permit so you can officially work for them.

Another benefit is that an employee who is a Golden Visa holder in the UAE is exempt from the usual restriction that prevents employees from obtaining a new work permit after the termination of an employment contract during the probationary period. This exemption is confirmed in Article 11(3) of Cabinet Resolution No. 1 of 2022:

"Subject to the provisions of Clauses (4) and (6) of Article (9) of the Employment Law, the Ministry may exempt some employees for not granting a work permit pursuant to the following rules:

The employee is a Golden Visa holder.”

The required documents to obtain a work permit through the Ministry of Human Resources and Emiratisation (MoHRE) for a UAE golden residency visa holder in accordance with Administrative Resolution No. 38 of 2022 concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 Regarding Work Permits, Offer Letters, and Employment Contract Forms, are:

1. Clear coloured photo with a white background

2. A copy of a valid passport that must be valid for at least six months, with a copy of a valid residency (Golden) visa

3. Approved employment contract issued by the Ministry, which includes both the employer's and employee's signature

4. Academic Certificates: A clear certificate bearing the name of the employee, attested by the Ministry of Foreign Affairs and International Cooperation, for the following skill levels:

• Skill levels (1 & 2): Bachelor's Degree or higher attested by the competent authorities;

• Skill level (3 & 4): Diploma graduate or higher - attested by the competent authorities

• Skill level (5): High school certificate - attested by the competent authorities

• State-issued certificates are excluded

  5. Professional license issued by the competent authority, example: doctor, nurse, etc (professional license issued by the Ministry of Health - Department of Health)/Teacher, teacher assistant (Ministry of Education- Knowledge Authority (Dubai) - Abu Dhabi Education Council - Sharjah Education Council), Fitness Trainer (Youth and Sports Authority)/Advocate (Ministry of Justice).”

Since you already hold a Golden Visa, you do not need to change your residency visa when moving to a new job, as you are self-sponsored. Once your current employer cancels your existing work permit, your prospective employer can apply for a new one after you sign the employment contract.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.