A complex legal situation has emerged in the United Arab Emirates regarding visa processing responsibilities and resulting overstay penalties. This case involves an individual who entered the UAE on a visit visa and accepted formal employment, only to encounter significant immigration complications due to employer negligence.
The individual in question joined a company after receiving a formal offer letter, but the employer failed to process the residency visa application and neglected to inform the employee about the delay. This administrative failure resulted in the visitor visa expiring without proper residency documentation, leading to substantial overstay fines and an unexpected absconding status designation.
According to UAE immigration law under Article 5(5) of Federal Law by Decree No. (29) of 2021, individuals must exit the country upon visa expiry unless they have legally obtained a valid residency permit. The Federal Authority for Identity, Nationality, Customs and Ports Security (ICP) maintains authority to impose administrative fines for residency violations under Article 64 of Cabinet Resolution No. (65) of 2022, with penalties reaching up to 100 AED per day of illegal residence.
Legal experts indicate that affected individuals may approach either the General Directorate of Residency and Foreigners Affairs (GDRFA) or the ICP with supporting documentation, including offer letters, employment contracts, and correspondence demonstrating attempts to secure proper employment visa sponsorship. Authorities retain discretionary power to reduce or waive overstay fines when establishing that violations occurred unintentionally due to employer fault rather than individual negligence.
Despite potential employer liability, the primary responsibility for timely departure remains with the visa holder. This case highlights the critical importance of proactive visa status monitoring and immediate action upon visa expiry, regardless of employment circumstances. Legal professionals emphasize that while employer negligence may provide grounds for fine reduction, individuals must prioritize compliance with exit requirements to prevent escalating penalties.
The situation underscores the delicate balance between employer responsibilities and individual accountability within UAE’s immigration framework, serving as a cautionary example for both employees and employers navigating the country’s residency regulations.