The UAE is a prominent destination in the Middle East, renowned for both its tourism and employment opportunities. Every year, people from around the world visit the UAE for vacations or come in search of job prospects in its various Emirates. One of the key advantages of working in the UAE is that individuals are not required to pay government taxes, which is a standard practice in most countries. While the benefits of living and working in the UAE are significant, it is crucial to understand that any violation of the law, no matter how minor, can result in detention or even deportation. The UAE enforces its laws rigorously, and violators can face severe consequences. As such, it’s important to be well-informed about the deportation process in the UAE.
Types of Deportation
The UAE follows two main types of deportation: Judicial Deportation and Administrative Deportation.
Judicial Deportation
Judicial deportation occurs through a court order against an expatriate who has been convicted of a crime. Under Federal Law Number 3 of 1987 (UAE Penal Code), as amended by Federal Law Number 34 of 2005 and Federal Decree Number 7 of 2016, any competent court has the authority to issue a deportation order following a criminal conviction. Article 121 of the Penal Code mandates that foreign nationals convicted of crimes punishable by imprisonment, including sexual offenses, must be deported from the country. In the case of misdemeanors, the court may also decide to expel the accused as an alternative to imprisonment. Furthermore, Article 325 of the Penal Code allows deportation for individuals who violate religious principles and rituals after serving their sentence.
An amendment to Article 121 (Decree Number 4 of 2019) introduced an exception for expatriates who are married to UAE nationals or are their first-degree relatives. In such cases, deportation is only applicable if the individual’s crime threatens national security.
Administrative Deportation
The Federal Identity and Citizenship Authority (FICA) has the power to issue administrative deportation orders, usually based on public safety or ethical concerns. However, expatriates can request a review of this decision by submitting an appeal to the Directorate General for Residence and Foreign Affairs in the relevant emirate. The authority to issue these deportation orders stems from Ministerial Decision Number 360 of 1997, which supports the enforcement of Law Number 6 of 1973 regarding expatriate residency.
An expatriate may be deported by administrative order, even if they hold a valid resident visa or employment permit, if their presence is deemed a threat to public safety. Additionally, family members living under the expatriate’s sponsorship may also be expelled.
According to Article 4 of Federal Decree Number 3 of 2017, FICA holds exclusive jurisdiction over matters relating to nationality, passports, and the entry and exit of foreign nationals. The law allows the competent authority to issue an administrative deportation order, with the option to extend the post-release period for expatriates seeking to resolve their situation. The decision must be issued within three months.
In summary, while the UAE offers attractive opportunities, it is critical for expatriates to adhere to the country’s laws, as violations can lead to severe consequences, including deportation. Both judicial and administrative deportation are strictly enforced, with detailed legal procedures in place to address violations.
Lifting Deportation
An Administrative Deportation order can be lifted only if the expatriate submits a written request for permission to the Ministry of Interior, as per Article 28 of Federal Law Number 6 of 1973 concerning the entry and stay of expatriates. To apply for entry and visa permits, the expatriate must approach the Naturalization and Residency Administration, submitting the application through their immigration lawyer. The application must include details such as the previous residence permit, the reason for deportation, and the circumstances following it. Additionally, the application should explain why the individual seeks re-entry to the country and provide supporting documents.
For expatriates who have been subjected to judicial deportation, they may request the Public Prosecutor to review the deportation order instead of appealing directly. The request must outline the reasons for the appeal and include any relevant supporting documents. Once the request is received, the Public Prosecutor will refer it to a special committee for review, which will determine whether the deportation order should be lifted.
Blacklisting
Expatriates may be placed on a blacklist, which restricts them from entering or leaving the UAE, if they have committed an offense or have civil liabilities, as stipulated by the executive provisions of Law Number 6 of 1973. The following individuals may be blacklisted:
- Individuals who have committed crimes and been expelled from the country
- Expatriates deported by the Ministry of the Interior
- Those whose activities are registered with the International Criminal Cooperation Bureau
- Expatriates diagnosed with HIV/AIDS
- Individuals deported by any GCC country
Expatriates may also be banned from leaving the UAE if:
- A criminal case is registered against them
- They are under criminal investigation by the Public Prosecutor
- They have outstanding financial liabilities to the UAE government
To have their name removed from the blacklist, individuals must file a request in accordance with Ministerial Resolution Number 360 of 1997 and Law Number 6 of 1973. The application should be submitted to the Public Prosecutor or a competent criminal court, seeking approval to remove the blacklisting and allow them to leave or re-enter the country.
