United Arab Emirates: New Regulations Clarify Important Aspects of Immigration Process
April 6, 2023
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At a Glance
- The UAE government has published new regulations that outline eligibility and other conditions for entry and for the issuance of various visas; that implement new visa categories; and that provide other important clarifications.
- The new law provides much-awaited clarity on some important aspects of the UAE immigration process.
- The most notable changes are clarifications on the eligibility criteria for the Green Visa for investors and business partners, and the visit visa for exploring business opportunities; expansion of categories exempt from the provision invalidating a residence permit if the holder remains outside the United Arab Emirates for 180 days; and clarification on the maximum allowable duration of stay after residence permit expiry or cancellation.
The situation
The UAE government has published new regulations that outline eligibility and other conditions for entry and for the issuance of various visas, that implement new visa categories, and provide other important clarifications.
A closer look
The below table highlights select visa conditions clarified in the new regulations:
| Visa | Permissible duration of stay | Clarifications |
| Visa for tourism (which requires a sponsor) | 30 or 60 days (extendable) | Requires a sponsor with a business license in the tourism sector (this includes travel agencies, airlines and hotels), and an official travel agenda of the applicant. |
| Visa for exploring job opportunities |
30, 60 or 90 days (extendable) |
The new regulation only clarifies the permissible duration of stay under this visa. |
| Visa for exploring business opportunities | 30, 60 or 90 days (extendable) | Issued to foreign nationals seeking to establish a business in the field they currently work in their home country; or individuals with exceptional talent, capabilities, or qualifications, subject to approval of federal authorities. |
| Visa for study, training, gaining qualifications | 30, 60, 90 or 180 days (extendable) | The new regulation only clarifies the permissible duration of stay under this visa. |
| Visa for residents of neighboring border territories | 48 hours (non-extendable) | This is a new visa and is available for foreign residents of a neighboring territory whose profession falls outside of the laborer category. |
| Visa for work assignment | 90 days (extendable upon approval of the Ministry of Human Resources and Emiratization) | The new regulation does not provide any clarification on whether this visa is/will be available to employers in the free zones. |
| Visa for Gulf Cooperation Council (GCC) residents and persons accompanying them | 30 days (extendable) |
Issued upon arrival to a foreign national holding a residence permit in any of the GCC member countries, provided that the applicant’s profession is on one of the lists of approved occupations. The residence permit must be valid for a minimum of one year. The applicant may be accompanied by a spouse, children, and domestic workers. |
| Visa for Indian nationals holding immigration status in European Union, United Kingdom or United States | 14 days (extendable) | Issued upon arrival (or pre-arrival) to nationals of India holding a residency status in the European Union or the United Kingdom, or a visa or green card issued by the United States (in all cases the visa must have a minimum validity of six months). |
| Green Residency Visa for an investor and business partner | Five years | Applicant must invest a minimum AED one million in cash in a new or existing business in the UAE. Business must be one of the approved corporate forms in accordance with the UAE Commercial Companies Law and the approved investor classification. |
| Residence permit for family residency (available only for parents (including in-laws of the principal’s wife); minor brothers; and minor children of the principal’s wife, subject to providing relevant custody documents). | Two years |
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Other clarifications:
- Expanded list of exemptions for invalidation of residence permit for stays outside the country. The new law expands the categories of foreign nationals that are exempt from the provision which invalidates a residence permit if the holder remains outside the country continuously for 180 days or more to include holders of a Golden Visa, including their dependents; holders of a Green Visa, including their dependents; and individuals who have received approval from the immigration authorities, upon filing an application for a permit to re-enter the country.
- New grace periods to allow stay after residence permit expiry or cancellation. The law introduces various grace periods (duration depends on the visa type) allowing foreign nationals whose residence permit has expired or has been canceled, to remain in the country without being fined for overstaying. This grace period is intended for an individual to either change their immigration status or leave the country.
- No changes for visa-exempt or visa-on-arrival rules. The new law does not issue any changes to entry conditions for individuals who are visa-exempt or eligible for a visa-on-arrival based on the previous legislation.
- Miscellaneous updates. The new regulations also set out procedures that foreign nationals should follow in the case of damage or loss of passport or identity card and provides information on financial solvency, accommodation, and select documentary requirements in the case of residence permit without work (for a UAE sponsor).
Background
Although the related original law has been in force since October 2022, it was officially published only in March 2023. The new law provides much-awaited clarification on some important aspects of the UAE immigration process.
The original legislation seeks to diversify the country’s labor market by attracting talented and skilled foreign nationals, in addition to further opening up the United Arab Emirates to visitors.
Looking ahead
The latest regulations and the expanded eligibility criteria will allow more diverse groups of foreign nationals to take advantage of the expanded visit and residency options in United Arab Emirates.
Fragomen expects further announcements in terms of the implementation and processing of select visa applications (for example, the Green Residency Visa will become an available option at a later date). We will report on related developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
