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

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