Exempted of overstay fine in UAE

The payment of overstay fines in UAE is a major concern for most of the people after the cancellation of a visa.

Here we analyse the case of an employee whose Visa had expired, however the sponsor / employer had not paid his final settlement dues and the work permit is pending for cancellation. 

The question here is when the final settlement is released and work permit is cancelled whether the company will pay the overstay fines of the employee. What will happen if the sponsor didn't pay the overstay fines?

Will there be any problem to individual while exiting the UAE? How many days you will have to leave UAE?

Any individual who holds a UAE residence visa should exit the country or change his visa status within 30 days of visa cancellation.

If the visa is cancelled after its expiry, the individual should leave the UAE or change his visa status within the remaining days of the 30-day grace period, which is calculated from the date of residence visa's expiry.

This is in accordance with Article 21 of the Federal Immigration Law: "Any foreigner whose visa or residence permit has been revoked or whose residency has expired...and has not renewed it within 30 days from the expiry date, a fine of not more than Dh100 for every day of illegal residence in the state (must be paid) as of the date of expiry of the time limit."

If your residence visa has expired and 30 days over, you may be need to pay the penalty, as applicable. If your sponsor is not completing your request for end of service payment and visa cancellation it is advised to  file a complaint against your employer for the non-payment of your end-of-service benefits and for not cancelling your visa. This might safe guard you from the penalties.

The employer may be responsible to pay the overstay fines, if the employee registers a complaint with the Ministry of Human Resources and Emiratisation (MoHRE).

This is in accordance with Article 11 of Ministerial Resolution No. (707) for 2006 Regarding the Rules and Procedures of Conducting Business in the State for Non-citizens.

It states:

"The employee shall not be charged any fees or fines for the cancellation of the sponsorship, work permit, or other fees or fines, if he desires to leave the country and initiated a communication with the ministry for the same during the required timelines as per the provisions of this resolution."

However, as per the current situation, because of the Covid-19 pandemic, you may be not required to pay any overstay penalties and fines, based on an announcement made by the Federal Authority for Identity and Citizenship on August 17. It said those with expired residence visas may be exempted from overstay fines, provided that they leave the UAE before November 17.

Based on the above rules, you need to request your employer to pay your end-of-service benefits and cancel the work permit and residence visa. It is recommended that you approach the visa issuing authority in the Emirate (for example: Abu Dhabi / Dubai / Sharjah) where your employer has stamped your residency for further assistance.

Know the law:

A company may be obliged to pay the overstay penalties and fines of an employee if a complaint has been filed by the individual with the Ministry of Human Resources and Emiratisation.

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