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UAE: Will employee or employer pay fine if the visa is not processed in time?
KT reader says employer did not process their residency before visit visa expired, resulting in a substantial overstay fine
- PUBLISHED: Sun 8 Feb 2026, 8:35 AM
Question: I entered the UAE on a visit visa and joined a company after accepting a formal offer letter. However, the company failed to process my residency visa and did not inform me about it. As a result, I incurred a substantial overstay fine and was also marked as absconding.
I am a law-abiding individual and have never faced such a situation before. I am unable to pay such a large fine. Kindly advise me on how I can regularise my residency status and request a waiver or reduction of the fine.
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Answer: An individual must exit the UAE once their visit visa expires, unless they have legally obtained a valid UAE residency permit under the prevailing UAE law and its regulations under Article 5 (5) of the Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners.
“Leave the State upon the expiry or cancellation of his visa unless he has obtained a residence permit in the State in accordance with the provisions of this Law by Decree and its Executive Regulation.”
The Federal Authority for Identity, Nationality, Customs and Ports Security (ICP) may impose administrative fines for overstaying if an individual is found to be in violation of residency requirements. This is in accordance with Article 64 of the Cabinet Resolution No. (65) of 2022 issuing the Executive Regulations of Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners.
“The ICP shall collect a fine of not more than (100) one hundred AED for each day in which The Foreigner resides in the State illegally, and the calculation of the fine starts from the day following.”
Since your UAE residency visa was not processed due to the prospective employer’s failure, you may approach the General Directorate of Residency and Foreigners Affairs (GDRFA) or the ICP and submit your offer letter, employment documents, and any correspondence showing your attempts to process an employment visa sponsored by your prospective employer. The authorities have the discretion to reduce or waive overstay fines if it is established that your overstay in the UAE was not intentional and occurred due to the fault of a prospective employer. However, you are responsible for exiting the UAE prior to the expiry of your visit visa.
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.
