59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: January 2010

Thursday, January 21, 2010

Citizens of 34 nations exempt from UAE visit visa waiting period

Dubai: Citizens of 34 countries do not have to wait one month before applying for a visit visa after leaving the UAE, a senior Interior Ministry official said.
Currently visitors who leave the UAE even after a day's stay have to wait for a month before they can apply for a visit visa again.
"Citizens of nations who need to obtain an entry permit into the country through any one of the residency departments will not be able to apply for another visa immediately after they leave the country," Major General Nasser Al Awadi Al Menhali, acting Assistant Undersecretary at the Ministry of Interior for Naturalisation, Residency and Borders, told Gulf News in an exclusive interview.
Law
"Even if they stay here for two days and leave the country, they can come back after one month," he said. There is no multiple entry visit visa, Maj. Gen. Al Menhali stressed.
"If a visitor comes here, then goes on vacation to a nearby country and wants to come back, he should wait for one month before returning here," he said.
Maj. Gen. Al Menhali said these rules apply to people who need to apply for a visa prior entering the UAE.
"There are citizens of 34 countries who do not need a visa in advance. These citizens can get a visa upon arrival in the UAE," he said.
He said since the visa is issued upon arrival, these citizens can come back here any time they like."Citizens of these 34 countries need to show their passport to the immigration officer at any of the country's borders and they will have a new visa stamped. They can come and go as much as they want and at any time they want," he said.
Rules not new
"These rules are not new. But some people believe that they can come to the country and stay a couple of days and leave. They want to come back gain on the same visa believing that the visa has not expired yet, but they cannot. They have to wait for one month," he said.
Maj. Gen. Al Menhali said if a person stays for a day and leaves, the visa will be deemed expired even if the expiration date is later.
He said the one month waiting period is counted from the day the person leaves the country and not from the date of the visa expiration.
Multiple entry
Businessmen who need to enter and leave the country several times can apply for a multiple entry visa which is valid for six months, a senior Interior Ministry official said.
Major General Nasser Al Awadi Al Menhali, acting Assistant Undersecretary at the Ministry of Interior for Naturalisation, Residency and Borders, said once this multiple entry visa expires, businessmen have to wait for a month before applying for another visa.
This waiting period does not apply to citizens of 34 countries.
Maj. Gen. Al Menhali said the residency department deals with issuing visas on a case-by-case basis."We study each visa application and if it needs to be issued before the end of the one-month period, we can do it but it will depend on the circumstances of the visa applicant," the interior ministry official said.
The citizens of these 34 countries also do not have to wait a month before applying for a visit visa.
List of 34 countries

  1. Andorra

  2. Australia

  3. Austria

  4. Belgium

  5. Brunei

  6. Canada

  7. Denmark

  8. Finland

  9. France

  10. Germany

  11. Greece

  12. Hong Kong

  13. Iceland

  14. Ireland

  15. Italy

  16. Japan

  17. Liechtenstein

  18. Luxembourg

  19. Malaysia

  20. Monaco

  21. Netherlands (Holland)

  22. New Zealand

  23. Norway

  24. Paraguay

  25. Portugal

  26. San Marino

  27. Singapore

  28. South Korea

  29. Spain

  30. Sweden

  31. Switzerland

  32. United Kingdom

  33. United States

  34. Vatican City

Sunday, January 17, 2010

Residence visa seekers to be fingerprinted

Residency departments across the country will manage a fingerprint identification system and database for all residents in the country.
"Starting August 09, applicants for residence visa will be fingerprinted under a tighter biometric system to provide more secure identification and prevent fraud," Major General Nasser Al Awadi Al Minhali, Acting Director-General of the Federal Naturalisation and Residency Department .

He said fresh applicants for residence visas will get their fingerprints taken before the medical check-up to ensure they have no criminal record. "Those found to be with criminal records will be denied visa and handed over to the police for further legal action."

Al Minhali said a number of residents who had their fingerprints taken for obtaining identification cards were found to have a criminal record.

"This prompted authorities to introduce this measure to prevent people with a criminal record from obtaining a visa."

He added residents living in the country will be fingerprinted when they apply for renewal of their visa. "The move will eventually cover all residents in the country, including workers sponsored by their employers, investors, domestic workers and parents of residents," he said. Al Minhali did not specify the fees, but said they will be nominal.

Many residents questioned the move and asked if there was any point in being fingerprinted for the ID card and then again for the residence visa.

But Al Minhali said the National Identity Authority examines whether an applicant has a criminal record or not, but the database that will be set up at the Naturalisation and Residency departments across the country will act as a source of information to ensure only those with certificate of "good conduct" or "lack of a criminal record" will be granted residence visa.

Al Minhali said fingerprinting services will be available at Naturalisation and Residency departments across the country. He did not say whether the fingerprinting will be done manually or electronically. "We will manage a fingerprint identification system and database for all residents in the country and lead the way in the development, assessment and implementation of new techniques for operational fingerprinting."
Categories covered under scheme

Employment Visa: Employment Visa or Permit is issued by the Naturalisation and Residency Department to a foreign national who wishes to work for a company in the UAE upon the approval of the Ministry of Labour. It allows the holder to enter the UAE once for a period of 30 days and is valid for two months from the date of issue. When the employee has entered the country on the basis of the employment visa, the sponsoring company will arrange to complete the formalities of stamping his residence.

Residence Visa: A residence visa is required for those who intend to enter the UAE to live with a person who is already a resident. It is issued to the immediate kin of a resident for three years renewable for a fee of Dh300. The residence permit becomes invalid if the resident remains more than six months at a time out of the country.

Parents of residents are issued residence visas after special approval with a renewable validity of one year for a fee of Dh100 for each year. A refundable deposit of Dh5,000 has to be paid for each parent.

Investor Visa: It is issued to an expatriate investor in partnership with a local. The foreign investor must hold a minimum stake of Dh70,000 in the share capital. Like the residence visa, it is issued for three years for a fee of Dh300.

Visa for domestic help will be covered under the fingerprinting scheme

Visitor visas valid only for single entry to UAE, Ministry


Visas for visit, transit and tourism are valid only for a single entry into the UAE, said a senior official at the Ministry of Interior, adding that visitors cannot return using the same permit even after a trip to a neighbouring country.


Major General Mohammad Ahmad Al Merri, Director-General of the Dubai General Department for Residency and Foreigners Affairs, told Gulf News: "A visitor needs to get a new entry permit to re-enter the country once he or she leaves the country for any destination. The new entry permit will be issued only after one month from the date the visitor leaves the UAE."

Major General Al Merri was responding to a question about visitors who face difficulties in returning to the UAE after a short sightseeing trip to Oman or after leaving in a hurry for a meeting in Bahrain. They cannot re-enter the UAE immediately since a new visa will be issued only after a gap of at least one month.

The rule applies even if the visitors leave the country before the expiry of their entry permits, he said. "They have to wait for one month before applying for another entry permit."

Major General Al Merri said this happens to some people who arrive on tourist or visit visas to see family or friends or visit the country as tourists.

"They stay here for few days and then decide to go to Oman, Bahrain or any nearby country. These people believe they can return to the UAE using the same entry permit as they stayed here only for a few days.

"They think the entry permit is still valid since they did not use it till the expiry date," he said.

Major General Al Merri said the department, however, could take into consideration any exceptional circumstances pertaining to a particular visitor. But such a decision is taken on case-by-case basis."We want to make it easy and enjoyable for people who want to visit our country. But they should adhere to the rules," he said.

Multiple entry visas are an option for businessmen who are frequent visitors to the UAE and who have a relationship with a reputable company here.

This visa is valid for six months from the date of issue and costs Dh1,000. However, each visit must not exceed 30 days. Visit, tourist and transit visas are only for single entry

The Dubai World Insolvency Code

On 14 December 2009, UAE's stock market shot up in excess of 10% following the announcement of the due repayment of $ 4.1 billion to the Sukuk holders of Nakheel Development Limited following a $ 10 billion support payment from Abu Dhabi to the Government of Dubai.
Only a few hours' later the Dubai Government announced the implementation of an insolvency code, Decree No.57 for 2009 (the "Code"), created specifically for Nakheel's ultimate parent Dubai World and its group companies. This Code is largely based on Dubai International Financial Centre's insolvency laws with some amendments specific to Dubai World.
There was certainly some uncertainty surrounding the ability of the existing UAE insolvency laws to handle a case like that of Dubai World. The issues relating to Dubai World were enormous in scope and unique. The debt to be dealt with, even by the standards of the past 14 months, was significant. There was the issue of whether or not existing UAE law would in fact apply to Dubai World - the parent in the group - at all, it having been formed not under the Federal commercial laws but by Ruler's Decree. Also here was a situation where there where multiple classes of stakeholders – sukuk holders, shareholders, institutional and other lenders, foreign and domestic, and a host of trade creditors – which might not receive adequate protection or might not receive the same within a reasonable time frame given the limitations of the existing law.
Finally there was the perceived need expressed in the international community (and press) for steps to be taken quickly – given the sheer size and global importance of Dubai World and the potential impact of its outright failure. But the need for speed had to be tempered with the need for the international community to see that any process put in place was based on international standards for transparency and protection of creditors' interests.
Application Of The Code
The Code is stated to apply only to Dubai World and its group companies. It does not apply to any other companies in Dubai or the UAE nor to individuals.
Under Article 3 the Tribunal constituted under the Code is charged with hearing any demand or claim submitted against Dubai World or its subsidiaries, inclusive of any demand to dissolve or liquidate any group member as well as to adjudicate disputes against any person related to settlement of financial obligations of the group, its Chairman or Board of Directors as well as the employees of the group.
The Code also grants the Tribunal the power to issue interim and interlocutory orders and relief, inclusive of injunctions. Significantly, by virtue of Article 9 the Dubai Courts are prohibited outright from hearing or determining any demand, claim or other matter which is within the jurisdiction of the Tribunal under the Code.
The Code then effectively replaces the UAE Commercial Law, Federal Law No. 18 of 1993 and its attendant bankruptcy provisions; the UAE Commercial Company Law, Federal Law No. 8 of 1984 (as amended) and its otherwise applicable liquidation provisions; and presumably given the application of the Tribunal's jurisdiction to employees, the UAE Labour Law (Federal Law No 8 of 1980 (as amended) with the authority of the Tribunal.
All of these laws are however Federal Laws. While the law might clearly apply to a decree company like Dubai World, would not the subsidiaries of Dubai World formed under applicable Federal law continue to be governed by those laws? Does the Emirate of Dubai constitutionally have the power to exempt companies within the Emirate from the application of Federal Law? While the Constitution does grant significant autonomy to each Emirate, individual Emirates may not legislate on those matters subject to federal legislative authority. Article 121 of the Constitution specifically reserves to the Federal legislature major matters relating to commercial transactions and company law.
Structure And Powers Of The Tribunal
The Tribunal is to consist of a panel comprising three to five prominent internationally recognized judges. The announced appointments to date have been impressive indeed including Sir Anthony Evans, Chief Justice of the DIFC Courts, Michael Hwang, SC, Deputy Chief Justice of the DIFC Courts and Sir John Murray Chadwick, also of the DIFC Courts.
As noted above, the Tribunal has been given very wide powers to adjudicate on matters brought before it. For example, upon notification from Dubai World, to the Tribunal, to make a proposal for voluntary arrangement, an automatic moratorium (irrespective of the consent of the creditors) will be applicable to its assets until the conclusion of the proceedings or such time as ordered by the Tribunal. Furthermore, the Tribunal is authorised to extend this moratorium to any Dubai World subsidiary upon application and based on certain stipulated thresholds.
Moreover if the arrangement negotiations with the creditors are not successful then there is a provision for the winding up of Dubai World unless the Tribunal is of the opinion that declining the winding up is in the interests of the Dubai World and its creditors.
Also as noted above the powers of the Tribunal are exclusive within the ambit of the authority granted it under the Code. However while the Dubai Courts are prohibited from hearing or adjudicating upon matters within the Tribunal's purview, the Federal Courts are of course not. Similarly the Tribunal can not affect the rulings of foreign courts on matters where foreign law has been elected by the parties.
Questions Surrounding The Code
There is no question that the Code represents a first rate legal framework for dealing with the issues it is meant to face, drawn to international standards. The constitution of the Tribunal also means that it will be policed by distinguished jurists of international stature.
There are various uncertainties surrounding the Code in relation to the jurisdiction of the Tribunal and conflict of Code with the UAE Constitution and UAE Commercial Code. It is of course yet untested. As yet there is no answer to the question whether powers of the courts which are granted by the Federal statutes can be restricted by an individual Emirate's legislation.
There are also questions as to whether and to what extent the new Code can prevail over the Commercial Code (which is Federal in nature) in respect of entities governed by commercial companies law, namely the subsidiaries of Dubai World.
There are no certain answers to these questions and it remains to be seen how the Government manages these issues and rises to these challenges in future.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.http://www.mondaq.com/article.asp?articleid=92092&email_access=on
Article by Douglas G. Smith and Shoeb Saher

Friday, January 8, 2010

visa Rates and documents requirement in Dubai Ministerial Decision No. 322 for the Year 2008


1. 90 Days Long-Term Visit Visa (Individuals)

 E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsor or authorized signatories (signed and stamped) * Required documents:  Clear passport copy of the sponsor

 Clear passport copy of the sponsored person

 A copy of the salary certificate or employment contract of the sponsor (resident) must be attached

 Proof of family relationship (kinship)

 Traveler insurance *

Fees:

 AED 1110 e-DNRD fees.

 AED 1120 e-form fees

 AED 1000 deposit, refundable upon departure of the sponsored person.

 Valid for 60 days from the issue date and non-renewable

 Valid for 90 days from the arrival date and non-renewable.

2. 30 Days Short-Term Visit Visa (Individuals)

 E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped) *

Required documents:

 Clear passport copy of the sponsor.

 Clear passport copy of the sponsored person

 A copy of the salary certificate or employment contract of the sponsor (resident) must be attached

 Proof of family relationship.

 Traveler insurance. *

Fees :AED 610 e-DNRD fees.

 AED 620 e-form fees

 AED 1000 deposit, refundable upon departure of the sponsored person.

 Valid for 60 days from the issue date and non-renewable

 Valid for 30 days from arrival date and non-renewable

3. 30 Days Short-Term Visit Visa (Companies)

 E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped) *

Required documents:

 Clear passport copy of the sponsor.

 Copy of the establishment card.

 Traveler insuranceFees:

 AED 610 e-DNRD fees.

 AED 620 e-form fees

 AED 1000 deposit, refundable upon departure of the sponsored person. Valid for 60 days from the issue date and non-renewableValid for 30 days from the arrival date and non-renewable

4. 90 Days Long-term Visit Visa (Companies)

 E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped) *

Required documents:

 Clear passport copy of the sponsor.

 Copy of the establishment card.

 Traveler insuranceFees:

 AED 1100 e-DNRD fees

 AED 1120 e-form fees

 AED 1000 deposit, refundable upon departure of the sponsored person. Valid for 60 days from the issue date and non-renewableValid for 90 days from the arrival date and non-renewable

5. Student Visa: sponsor must be one of the licensed Universities or Educational Institutions in the UAE (recognized by the Ministry of Higher Education)

 E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped) *

Required documents:

 Clear passport copy of the sponsor

 Copy of the establishment card

 Copy of the trade license

 Traveler insuranceFees:

 AED 1110 e-DNRD fees.

 AED 1120 e-form fees

 AED 1000 deposit refundable upon departure of the sponsored person.

6. Medical Treatment: Medical Establishments (Public and Private) approved by the Ministry of Health or Health Authority

 E-forms application form (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped *

Required documents:

 Clear passport copy of the sponsor

 Copy of the establishment card

 Medical certificate attested by MOH or Health Authority

 Traveler insuranceFees:

 AED 1110 e-DNRD fees

 AED 1120 e-form fees

 AED 1000 deposit, refundable upon departure of the sponsored person. Valid for 60 days from the arrival date and can be renewed twice, 60 days each:

 AED 610 e-service fees.

 AED 620 e-form fees

7. Exhibitions/Festivals/ Conferences: for Governmental and Private Establishments

 E-form application (fees paid) including clear personal photo of the sponsored person approved by the sponsors or authorized signatories (signed and stamped) *

Required documents:

 Clear passport copy of the sponsor

 Copy of the establishment card

 Copy of the trade license

 Letter by the concerned entity announcing the exhibition, festival, or conference.

 Traveler insuranceFees:

 AED 210 e-DNRD fees

 AED 220 e-form fees

 AED 1000 deposit, refundable upon departure of the sponsored person- Valid for 60 days from the issue date and non-renewable- Valid for 30 days from the arrival date and non-renewable

8. (33) Countries Upon Arrival *

Required documents:

 Original passport

 Free of charge

 Special notes: renewal shall be once and for a similar period (30 days).

Fees:

 AED 620 e-form fees

 Service is provided through all air, land, and sea ports.

9. Tourist Visa for all Nationalities (Tourist companies): *

Required documents:

 Clear passport copy of the sponsor

 Traveler insuranceFees:

 AED 210 e-DNRD fees

 AED 220 e-form fees

 AED 1000 deposit, refundable upon departure of the sponsored personValid for 60 days from the issue date and non-renewableValid for 30 days from the arrival date and renewable for the similar period (30 days), upon payment of a fees of AED 620. Service is provided through the eDNRD eServices.

10. Escorts of GCC nationals To be issued to escort of GCC nationals (domestic helpers), for 60 days. *

Required documents:

 Original passport of the sponsored person

 Valid residency visa.

Fees:

 AED 165 e-form fees. Special notes: Renewable twice and for a similar period (60 days each time).

Renewal fees :AED 320Service is provided through all UAE entry points

11. GCC nationals (Resident) To be issued to GCC resident nationals and those who accompany them *

Required documents:

 Original passport of the sponsored person

 Valid residency visa

 Proof of employment in the country of residence

Fees:

 AED 165 e-form fees. Special notes: Valid for 30 days and renewable once for a similar period (30 days). Renewal fees AED 620 (e-form fees)

12. Mission Visa To be issued to businessmen and highly qualified professionals. * Required documents:

 Clear passport copy of the sponsor

 Health insurance

Fees:

 320 e-form fees

 AED 1000 deposit, refundable upon departure of the sponsored personSpecial notes: Valid for 14 days from the issue date and non-renewable. Valid for 16 days from arrival date and non-renewable.

13. Transit Visa *

Required documents:

 Original valid passport

 Entry form for 96 hours

 A valid ticket for onward flight

Fees:

 AED 165 e-DNRD fees

 AED 165 E-form feesSpecial Notes: Valid for 96 hours from the arrival date provided that the duration between the two trips is no less than 8 hours. Hotel reservation is needed. This service is provided through UAE entry points.

Criteria for obtaining a health card in Dubai

In order to obtain a residency visa and labour card, all expatriates are required to undergo a medical and blood test. Employers usually arrange for all the necessary paperwork.

If you are not covered by a company or private medical insurance, it is advisable to apply for a health card which entitles residents to low cost medical treatment at public hospitals and clinics. An application form can be collected from any public hospital then submitted (typed in Arabic), along with the correct documents to your local Health Care Center. The health card is valid for one year and can be renewed online.

Documents required:

Passport copy
Covering letter from sponsor
Visa application copy
2 passport size photographs
Completed application form
Fees
Citizens (card valid for 4 years)0-9 Years - AED 2510-17 Years - AED 5018 Years and Above - AED 100
Non Citizens(card valid for 1 year) 0-9 Years - AED 100 10-17 Years - AED 200 17 Years and Above - AED 300
plus AED 200/- for medical examination
For more information, please visit the Department of Health and Medical Services

Length of stay outside the UAE: (one month or return immediately?)

Gulf News 05 May 2009 reports the previously mentioned Brigadier Al Minhali, as saying "After spending six months in the country, the investor must leave the UAE to return to his home country or any of the GCC countries for at least a month before he is eligible to apply for a fresh multiple entry visa" (at least that's what the print version says, the online version has the words "for at least a month" removed).
A follow up report in the Gulf News on 05 May 2009 said "It was reported earlier that people who complete six months stay need to stay out of UAE for at least a month before being able to renew the visa. However, the Interior ministry on Tuesday confirmed there is no waiting time before renewing the visa."
Khaleej Times 05 May 2009 reports the same Brigadier Al Minhali as saying "To renew the visa, the owners should leave the country to their home lands, or to the GCC countries, without need to stay one month as they can apply to renew the visa after hours of leaving the country"
Income source: (confusion could be because the new law says visa holders are not permitted to work in the UAE - as with any visit visa or residence visa, it is permission to stay in the UAE, not to work)
WAM 02 May 2009 says "Article 34 stipulates that owner should have a fixed income of not less than Dh 10,000 or its equivalent in foreign currencies whether inside or outside the country"
Gulf News 05 May 2009 reports that "the investor must have a monthly income no less than Dh10,000 or equivalent in foreign currencies"
The National 05 May 2009 says "The income must come from outside the UAE;"
Our interpretation: Income can come from within UAE or outside, but not as a result of employment in the UAE (income from bank interest, stock dividends, etc should be ok, a questionmark over rental income from properties owned in the UAE).
Old property residence visas:
Emirates Business 05 May 2009 says "All visas given to owners of properties across the UAE will be cancelled after their expiry and they will not be renewed according to old rules, said a senior official" which implies current property residence visa holders can wait until expiry before applying for a new residence visa.
Khaleej Times 05 May 2009 reports the aforementioned Brigadier Al Menhali of the Ministry of the Interior FNRD as saying "We informed the residency departments nationwide to start to settle the old owners' situation in a month as the new decision will be officially implemented by June 1; otherwise, they will violate the law and would be illegals if they have no residencies or work at firms". So watch out if you have one of the old visas.

UAE property visa questions and conflicts -Visit visa or residence visa?

A "residence" visa gives the holder more rights in the UAE with respect to applying for driving licences etc so the distinction is important.
Most reports refer to a "multi-entry" visa implying it is a long visit visa. Other residence visas for the UAE are multi-entry by default, that point is never highlighted. Whereas visit visas are usually single-entry unless specifically described as a multi-entry visa.
WAM, the official UAE news agency, in its 03 May 2009 report refers to a "multi-trip entry visa" and "multi-entry permit" which is terminology more often associated with visit visas, not residence visas. The report does not specifically refer to a "residence" visa, or even make the implication that it's a residence visa. Similarly, comments from Brigadier Nasser Al Awadhi Al Minhali, Acting Director-General of the Federal Naturalisation and Residency Department (FNRD), subsequently reported in the press refer to "multiple entry visas", not residence visas.
03 August 2009 update: In a WAM news report about the implementation of the the new visa, the heading said "DNRD discusses with property developers implementation of multi visit visas" implying that it was a form of visit visa, not a residence visa, which would probably mean no bank accounts, Dubai driving license, health card, and other facilities that expat residents are entitled to apply for.

New property residence visas UAE

From 01 June 2009, the UAE will implement a new system of residence visas for UAE property owners which supersedes the old property investor residence visa that was valid in Dubai, Ajman, and Ras Al Khaimah (previously there was no residence visa based on expat property ownership in Abu Dhabi). According to a WAM report on 02 May 2009, a new paragraph will be added to "Article 33 of the executive regulations of the entry and residency law for entry and residency of foreigners", and a new article, number 34, will be included in the by-law specifying the conditions of the new visa.
UAE multi-entry visa valid for 6 months at a time, permits multiple entries to the UAE. Commonly referred to as a residence visa but not clear if that's the official term. The difference in terminology might be significant. Property owner residence visa can be renewed indefinitely but the visa holder must exit the UAE and re-apply. The applicant can apply right away rather than wait for a month outside the UAE, according to information on 05 May 2009. Update 03 August 2009: according to a WAM news report "... when the multi visit visa issued to a property owner expires abroad, his/her visa will be renewed at the airport at arrival." Cost of six-month UAE residence visa is AED 2,000. Renewal cost is the same. Minimum salary requirement of investor is AED 10,000 per month, or equivalent. Not clear if income must be sourced only from outside the UAE - conflicting reports seen. Property value must be at least AED 1 million. Appears to be based on purchase price (evidence needs to be shown) rather than original price or current market value. Medical insurance is required for investor and familiy members applying for residence visa under property ownership scheme. Property must be complete, and title deed in visa applicant's name has been obtained. Joint property owners cannot apply for residence visa (in contrast to the previous system which allowed first named owner to apply). Direct family members (spouse, children) can be included under the property owner's sponsorship. Not clear if primary sponsor must be male, if there is an maximum age limit for children, or if family members can travel in and out of the UAE independently. Property must be of an appropriate size to house family members if applicable i.e. a family of 4 is unlikely to be granted a visa if the property is a studio flat (not that there are many studios over AED 1 million in the UAE). Property residence visa holders under the previous system must change their visa to the new system from 01 June 2009 otherwise they will be regarded as being in breach of UAE immigration laws (bad luck if you just got your 3 year visa in April 2009). Property owners (and family) might be required to have to have a medical test as with other residence visas (visitors with short term entry permits do not have to do a medical test). Unknown if property residence visa holders can apply for UAE driving licences, bank accounts, telephone connections, etc. Other residence visa holders can, and previous property residence visa holders could. If the new visa is a "visit" visa rather than a "residence" visa, then probably not.

'UAE committed to protecting labour rights'


The UAE Government insists on strict implementation of all laws governing the labour market so that the rights of all parties are protected, Minister of Labour said. The Minister of Labour Saqr Ghobash Saeed Ghobash on Sunday made the remark during a tour of a labour complex of one of the major companies operating in the country. The ministry had earlier recorded a number of labour law violations by the company for failure to provide standard accommodation facilities to its workers in accordance with the country's rules and regulations. He said there are good indications that proprietors are beginning to be very aware of the need for them to abide by the rules strictly and to shoulder their responsibilities, both ethically and legally. The minister was accompanied by Humaid bin Deemas, acting director-general in the Ministry of Labour, and Inspection Department CEO Mahir Al Obed. Ghobash pointed out that the UAE leadership attaches great priority to the dignity of each individual and to the civil rights of all. He cited a number of initiatives taken in this regard to safeguard those rights. He said it is the responsibility of his ministry to ensure that those initiatives were strictly implemented. He pointed out that owners of companies currently operating in the country had been given five years to rectify their situation, taking into consideration the needs and challenges in the labour market and the environment. He said the ministry will never compromise, during the transition period, on the need to abide by the minimum standard of housing and accommodation rules and regulations in accordance with the provision made by Cabinet Resolution No. 13 of 2009.

UAE is committed to protect rights of workers: Ghobash

The UAE is very conscious of the contribution contractual workers make to its economy and in return is committed to protecting their rights and to empower them to fully benefit from their residency in the country, UAE Labour Minister H.E Saqr Ghobash affirmed yesterday. "We would like to open an honest debate about the nature and scope of essential social services that could and ought reasonably to be provided to temporary migrant workers, bearing in mind the cost-benefit implications for all involved,” Ghobash told the opening plenary session of the Global Forum on Migration and Development in Athens, Greece. The Global Forum on Migration and Development (GFMD) is an annual international meeting for voluntary, non-binding and informal discussion which investigates the methods through which migration may contribute towards development goals. The GFMD was held in Brussels in 2007 and in Manila in 2008. He said participants in this Forum need to acknowledge that migratory patterns are very diverse and that policy responses must, in consequence be flexible and adaptable. "Given the nature of its labour market needs, the UAE has a particular interest in models of migration that are labour-oriented and of a temporary or circular nature. Nevertheless, it recognizes that there is much that can be learned from good practices deriving from other, and sometimes very different models of migration. "The important thing for us is not to play up the differences between migration models to suggest that "we have our unique circumstances and you have yours" but rather to promote a common and better understanding of the various contexts and particularities that need to be taken into account in the development of sound policy, he told the gathering being held this year under the theme "Integrating migration policies into development strategies for the benefit of all'. "We need to weigh up the costs and benefits of migration from the standpoint of all stakeholders if we are to make migration truly beneficial to all. It goes without saying that, in the course of doing so, the fundamental human rights of all people are not to be considered negotiable Following is the full text of Ghobash's address to the conference: Minister of Labour, United Arab Emirates Madam Chairperson, Distinguished Delegates, Ladies and Gentlemen The theme that has been chosen for this year's Global Forum on Migration and Development, "Integrating migration policies into development strategies for the benefit of all," is both timely and relevant. In an increasingly inter-dependent world, the movement of people is not only possible but necessary to meet the goals of global development. The ultimate goal for governments should indeed be to manage it for the benefit of all. But how and by which means can participants in this Forum contribute to the achievement of this goal? In September this year, there was a spirited discussion among the Steering Group and Friends of the Forum colleagues, triggered by the current Chair's reflection paper on the "Future of the Forum", particularly on the issue of the desired outcomes of GFMD. Understandably, there is an interest on the part of all parties that this process be focused, that it be productive, non-redundant and sustainable. I should like to share with you our own thoughts about how this might best be achieved. First, in common with many other stakeholders the UAE considers that the essential value of the Forum lies in it being a platform for open and non-prescriptive sharing of views, of ideas, and especially of policy experimentation. This openness of communication needs to be maintained. It has been an essential ingredient in the GFMD's success to date. Let us continue to hear, in a climate of mutual trust and respect, about what has been learned through research and practice, about policy initiatives that have been attempted and lessons that have been drawn. Second, we, participants in this Forum, need to acknowledge that migratory patterns are very diverse and that policy responses must, in consequence be flexible and adaptable. Given the nature of its labour market needs, the UAE has a particular interest in models of migration that are labour-oriented and of a temporary or circular nature. Nevertheless, it recognizes that there is much that can be learned from good practices deriving from other, and sometimes very different models of migration. The important thing for us is not to play up the differences between migration models to suggest that "we have our unique circumstances and you have yours" but rather to promote a common and better understanding of the various contexts and particularities that need to be taken into account in the development of sound policy. In this regard, the UAE is particularly grateful to the Government of Argentina for the spirit of partnership it has demonstrated in co-chairing with the UAE one of two sessions in Roundtable Two on "Migrant integration, reintegration and circulation for development". Third, I would emphasise that we must approach our conference theme with honesty and realism. The UAE is very conscious of the contribution contractual workers make to its economy and in return is committed to protecting their rights and to empower them to fully benefit from their residency in our country. We would like to open an honest debate about the nature and scope of essential social services that could and ought reasonably to be provided to temporary migrant workers, bearing in mind the cost-benefit implications for all involved. IOM's World Migration Report 2008 points to the dilemma inherent in the fact that if migrants enjoy the "full rights" laid down in international conventions, the costs to employers, governments and the migrants may well be higher, and fewer foreign workers may be sought by employers. This is particularly true of temporary and circular migrants. Perhaps one way of going forward in our discussions is to explore what might be a set of "core entitlements" for temporary and circular contractual workers as opposed to a broader set applicable to permanent migrants. We need to weigh up the costs and benefits of migration from the standpoint of all stakeholders if we are to make migration truly beneficial to all. It goes without saying that, in the course of doing so, the fundamental human rights of all people are not to be considered negotiable. Fourth, our deliberations must pave the way for cooperative approaches. In the past, States have often struggled with their migration challenges and priorities through individual effort, without considering the possibilities of inter-state cooperation, but they are coming to the realization that national-level efforts conducted in isolation reach much sooner rather than later a point of diminishing returns. The UAE is of the view that regional consultative processes continue to play an important confidence and consensus building role in this regard. With this need for international solidarity in mind, I would like to signal the UAE's willingness to provide support for the development of a GFMD research agenda that would inform a healthy policy debate and that could result in the formulation of sound policies in the future. We wish all the roundtables success in their work. It is a privilege for my Government to be actively involved in these discussions. Finally, I would like to express our appreciation to the Government of Greece for hosting the GFMD 2009 and for the leadership it provided in chairing the Forum over this past year. And we look forward to cooperating with the Government of Mexico for the GFMD 2010. - Emirates News Agency, WAM

Unpaid workers have the right to change their employer

If a worker does not receive his wages for a period of two months, he is free to transfer his sponsorship to another employer without the consent of his original employer, a senior official at the Labour Ministry said. Speaking shortly after the 'Weekly Open Meet' at the Ministry for settling labour dispute cases, Qassim Jamil, Director of Labour Guidance said that a mass complaint filed by 1474 workers for unpaid wages has been referred to the Labour circuit court in the emirate. At the open meet, the owner of the employing firm clarified that the workers have been paid their monthly wages for August and September 2009, and promised to pay the outstanding dues without delay. But the Labour Ministry said that the cases have already been referred to the competent court for a decision. Qassim Jamil said that the workers are not under any legal obligation to resume their work if they remain unpaid for a period of two months and are free to transfer their sponsorship to another employer even without the consent of the original employer. On another level, the ministry organised on Sunday a training workshop in Abu Dhabi for 40 labour inspectors with the aim of familiarising them with the ministry's plan for 2010 for intensifying labour inspections to root out violations. - Emirates News Agency, WAM