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United Arab Emirates: Suspension of Employment Sponsorship Transfer in Effect Across Free Zones in Dubai

December 28, 2023

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  • United Arab EmiratesUnited Arab Emirates

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At a Glance

  • Effective immediately, employers of foreign nationals can no longer benefit from the streamlined employment sponsorship transfer option.
  • As a result, employers in free zones seeking to hire a foreign national who is currently employed by a company within the same free zone or in another free zone in the Emirate of Dubai, must now follow the standard immigration process.
  • The change in policy is expected to increase onboarding times for foreign nationals in these jurisdictions, which could potentially delay start dates.
  • While the suspension has been confirmed by several major free zones in the Emirate of Dubai, authorities have not announced if it is a temporary or permanent change.
  • In addition, dependents should be aware that they cannot exit and re-enter the United Arab Emirates during the gap (or self-employment if that is the case) by the principal applicant.

The situation

Effective immediately, employers of foreign nationals can no longer benefit from the streamlined employment sponsorship transfer option. Although the suspension has been confirmed by several major free zones, including the Dubai International Financial Center, the Dubai Development Authority, the Dubai Multi-Commodities Center, the Dubai Airport Free Zone, and the Dubai World Trade Center, these authorities have not announced whether the suspension is a temporary or permanent change.

A closer look

  • Standard immigration process for employer sponsorship. Employers in Dubai free zones seeking to hire a foreign national who is currently employed by a company within the same free zone or in another free zone in Dubai must now follow the standard immigration process instead of the previously available streamlined option. Therefore, a foreign national must have their current employer cancel their current employment residence permit before the new employer applies to sponsor a new employment residence permit on behalf of the foreign national. Previously, employers were able to benefit from a streamlined employment sponsorship transfer option which significantly reduced the application processing timeline, notably eliminating the requirement to cancel the respective employee’s existing residence permit which would then have implications on sponsored dependents (if any).
  • Dependent sponsorship. The reversion to the standard immigration process will affect dependents because their dependent sponsorship will lapse after the primary foreign national’s employment residence permit has been canceled by the original employer and before the new employer has submitted the new employment sponsorship. This would require the dependent to exit the United Arab Emirates after their grace period expires, which can range from 30 days to six months. However, there is a pathway for a dependent’s visa to be placed “on hold” (temporarily eliminating the cancelation requirement)—but the process is discretionary and applies only to those dependents whose residence permits remain valid for at least three months from the date of placing their residence permit on hold.

Impact

  • Delayed start dates. It will take longer, as much as double the time, for employers to onboard a foreign national who is currently employed by a company within the same free zone or in another free zone in Dubai, as they can no longer benefit from a streamlined employment sponsorship transfer process.
  • Impact on dependents. Dependents should be aware that if there is a lapse in the principal applicant’s employment or alternative sponsorship, they will not be able to exit and re-enter the United Arab Emirates until the new employment residence permit is approved.

Background

It is unclear why the streamlined process has been suspended and how long this suspension will be in place.

Looking ahead

Government authorities are expected to announce if this suspension is temporary or permanent. Fragomen will provide updates when this information is available.

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].

Country / Territory

  • United Arab EmiratesUnited Arab Emirates

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