59A7D41EB44EABC4F2C2B68D88211BF4 UAE Visa Rules & Procedures - UAE Law Updates for 2025

Tuesday, May 31, 2011

Saudi issues clarification on six-year expat visa limit

Saudi Arabia on Tuesday put an end to speculation that it is about to kick out all its expatriate workers after six years, clarifying that the decision applies to only those private sector firms that do not abide by the country’s job nationalization quotas.

A government official was reacting to statements on Monday by Saudi Labour Minister Adel Faqih, who said a new incentive programme for the private sector to recruit more Saudis includes limiting the stay of foreign workers to six years.

The minister said the programme would be implemented in June and would give four classifications to companies, including “excellent and green” for those who abide by Saudization quotas and “red and yellow” for non-compliant firms.

“What the Labor Minister meant by his statement was that the measure would be applied on those foreigners who work for companies in the yellow [non-compliant] category,” said Hattab Al-Anazi, official spokesman of the Labour Ministry.

Quoted by the Saudi Arab News daily, he said that companies in the yellow category that did not fulfil Saudization conditions should correct their status in order to get visas of their workers renewed.

He said visas for foreign workers in red category companies would not be renewed at all, irrespective of the years they have spent in the Kingdom.

“The new Nitaqat system allows renewal of iqamas (work visas) without any condition for expatriates who work in companies in the green and excellent category,” Al-Anazi said.

He noted that the new measure would not apply on house servants as their visas would be renewed without considering how many years they stayed in the country. “They are not at all linked with the Nitaqat system,” he said.

Expats fear other Gulf states may follow Saudi’s 6-year visa limit

A decision by Saudi Arabia to limit the stay of expatriate workers to six years appears to have triggered fears among foreigners residing in the region that such a move could also be enforced by other Gulf oil producers in line with a proposal discussed at the Gulf Cooperation Council Summit in 2008.
Nitaqat (limits), the new Saudi government programme to be enforced in June, compels the Gulf Kingdom’s private sector firms to recruit Saudis and providing incentives to companies which abide by the new rules. The programme will limit the stay of foreign workers, mainly unskilled, to six years while it will also ban new visas for non-compliant companies.
Saudi Labour Minister Adel Faqih did not provide many details of the new decision, but businessmen hope it would apply only to unskilled labour, estimated at around 3m in Saudi Arabia and 10m GCC-wide.
“This decision apparently targets a quantitative rather than a qualitative policy... in other words, if the decision is issued in this form, this means the Ministry of Labour is focusing on quantity not quality,” Khaled al Suleiman, a well-known Saudi economist told Al Arabiya television.
More than 18 million expatriates live in the six-nation GCC, remitting home tens of billions of dollars every year, seen by regional economists as drainage of the Gulf countries’ wealth.
The programme comes amidst reports that unemployment in Saudi Arabia is widening because of the private sector’s preference of the cheaper expatriate labour and the fact that the population is growing faster than the economy.
Faqih put the official unemployment rate in Saudi Arabia, the largest Arab economy, at around 10.5 per cent but noted female joblessness largely exceeds that rate, standing at nearly 26.6 per cent. Unemployment among Saudi high school graduates is also as high as 40 per cent.
He said nearly six million foreigners work in the Saudi private sector, accounting for around 90 per cent of the sector’s total workforce.
“We have nearly half a million unemployed Saudi in the country while around 8m expatriates live here…6m of them work in the private sector, transferring nearly SR100 billion every year,” he said.
Faqih is expected to face a storm of protests when he meets Saudi businessmen in the eastern region tonight in case the decision affects foreign labour across all skilled classes. The meeting will cover Saudization of jobs while the minister will explain the new programme, according to Abdul Rahman al Rashid, chairman of the chamber of commerce and industry in Saudi Arabia’s eastern region.
“The decision to limit the stay of expatriate workers to six years is not clear and needs further clarification as is the case with Nitaqat,” said Suleiman.
“Tackling the expatriate labour problem in Saudi Arabia in a bid to reduce unemployment among Saudis should be based on the experience and qualifications of the expatriate workers to be imported by the Kingdom.”
“Nitaqat will be an effective tool to eliminate malpractices in the labour market… We are not completely stopping visas for foreign workers but we want to find jobs for our people… Companies in the green zone will not have any problem while there is a plan to limit the stay of most expatriate labour to six years,” Faqih said.
Government data released early this year showed Saudi Arabia is suffering from very high jobless rate among young men as more than 43 per cent of citizens aged between 20 and 24 years are unemployed. The rate at the end of 2009 was higher than in 2008 despite an ongoing campaign to find jobs for the fast-growing nationals.
The report by the government statistics and information centre showed about 43.2 per cent of the Saudi males and females aged 20-24 years were unemployed at the end of 2009, nearly 20 per cent above the 2008 rate.
“This comes at a time when one million labour visas for foreign workers were issued last year,” the report said. “The private sector continued a drive to import foreign labour although nearly 111,000 Saudis were looking for jobs,” it said.
Saudi Arabia, which controls over a fifth of the world’s recoverable oil deposits, is suffering more from unemployment than other Gulf hydrocarbon producers given its large population and the slowdown in its economy in some years.
The government is now seeking help from the private sector to create jobs for Saudis. “The present situation requires strong cooperation and coordination between the government and the private sector to tackle the unemployment challenge as hundreds of thousands of Saudi continue to search for jobs,” Faqih said.
“Nitaqat is just one of 10 new programmes to be implemented in the coming stage… Our aim is to make Saudisation of jobs an advantage to companies.”
Suleiman, on the other hand, said he saw several ambiguous aspects of the new decision. “These include how the ministry will deal with housemaids and low-paid jobs in the construction sector, which are still shunned by the Saudis,” he said.
Suleiman said the Ministry of Labour has been issuing successive decisions because it has been under pressure to tackle unemployment. “Under such pressures, which are often highlighted by the Saudi media, the ministry appears to be looking for a way out by presenting such ideas.”
He warned against the repercussions of that decision on the Saudi private sector, which relies heavily on “cheaper” expatriate labour. He said job nationalization in the Saudi private sector would boost cost of labour and this in turn would increase the financial burden on national companies.
Suleiman also criticized the deadline for the implementation of Nitaqat, which requires national firms to start Saudization of jobs within three months. “These decisions will hurt the private sector because they should not be presented in such a random way,” he added.
Other analysts believe Faqih’s announcement of the six-year limit is intended to block the way for Saudi-based foreigners to demand political rights, including Saudi citizenship. But Suleiman believes such demands are not “in the pipeline” on the grounds that many expatriates have been residing in Saudi Arabia for more than 50 years and have not made such demands.
He noted that the idea of replacing the foreign labour with nationals was discussed by the GCC heads of state in Bahrain several years ago.
In Egypt, Minister of Manpower Ahmed Al Burghi said he had contacted his labour representatives in Riyadh and Jeddah and was told that they have not received any official notification about the new decision.
Saudi Arabia is home to around 1.5 million Egyptian workers, who could be sent home in case that decision was fully enforced.
The new programme will give four classifications to companies including “excellent and green” to those which adhere to job nationalization and “yellow and red” to firms which fail to employ enough Saudis.
Analysts described the programme as the most radical measure taken by the Saudi government to force its private sector establishments to employ more Saudis following the failure of previous procedures.
The government in the world’s dominant oil power has not yet published details of the programme but its labour minister said it includes “generous” incentives to compliant companies and punitive measures against non-abiding firms.
“Companies which abide by Nitaqat will be moved to the green zone, which will allow them to receive many benefits, including visas and others,” Faqih told businessmen this week. “It will also allow them to get skilled labour from firms in the red zone.”

ID registration procedures online in 7 languages

Expatriates wondering about the procedures to register in the UAE national identity can now see them online in seven languages that involve the bulk of the country’s eight million people, according to the ID issuers.

The Emirates Identity Authority (EIDA) said it had just introduced these procedures on its website in Arabic, English, French, Persian, Chinese, Urdu and Hindi so all residents in the country can have access to them before heading for registration offices with the required documents.

“This move is within a number of new measures taken by the Authority to upgrade services and ensure that all residents are registered,” said Abdul Aziz Al-Maamari, marketing director in EIDA.

More than three million Emiratis and expatriates based in the UAE have been registered in the national identity, an ambitious project launched by the country a few years ago to create an accurate demographic data base.

EIDA had set a registration deadline at the end of June but it is expected to be extended again as millions others have not registered yet.

staff from Free zone can't move courts directly

Labour disputes in free zones should be first reported to the free zone authorities before moving the courts. In the event the free zone authority fails to reach a satisfactory settlement of the dispute, the case should then be referred to the Labour Court.

The Dubai Court of Cassation established the new legal principle while considering the appeal filed by an employee working in Jebel Ali Free Zone before the Labour Court to demanding his company pay him of Dh558,000 in dues.

The employee (plaintiff) said he had joined the company as Managing Director on Dh35,000 monthly salary. On his return from annual leave he was surprised to learn that a report of him having 'escaped' was issued by the company. He alleges the company took such a step to avoid paying him teh dues.

He said the dues include salary until the end of his contract which is about Dh345,000; compensation for unfair dismissal which is about Dh105,000; annual leave allowance Dh7,000 for the last two years; Dh73,000 as service bonus; and air ticket alowance Dh1,500.

The Court of First Instance refused to accept the case because he failed to present his complaint to Jebel Ali Free zone Authority first.

He then moved the Court of Appeal which again rejected the appeal and upheld the appellant.

But the employee was not satisfied with the verdict and moved the Court of Cassation which issued the new principles mentioned above.

The Court of Cassation said its ruling: “The legislator in the decree of establishing the authority of Jebel Ali Free Zone and its implementing regulations gave authority to the free zone of Jebel Ali (power and competence) to receive complaints and requests for workers and companies and institutions working in the geographical scope of the free zone of Jebel Ali of any legal disputes."

The court added also it has given the power to settle the dispute amicably, and in case the authority failed to reach a settlement, it is entitled to take the decision it deems appropriate, such as refer the case to the competent court.

Monday, May 30, 2011

The new federal law concerning the protection of consumers will be enforced in the third quarter

The UAE is on the verge of enforcing tough penalties involving fines of up to Dh1 million against dealers trying to manipulate the market by raising prices of consumer products without prior official permission.

The Ministry of Economy said the new regulations, which have been approved by the federal cabinet, would be enforced in the third quarter of this year and warned traders against any manipulation attempts.

In a statement carried by local Arabic newspapers, the ministry said it would not allow dealers to manipulate or control consumers and ruled out any move by the higher committee for the consumer’s protection to approve requests by suppliers to raise the prices of some products this year.

The ministry said its anti-manipulation actions had ensured market stability, adding that prices of consumer products in the UAE are the lowest in the Gulf despite the absence of subsidies enforced in other Gulf nations.

“The new federal law concerning the protection of consumers will be enforced in the third quarter…it involves increasing the penalty ceiling to Dh1 million after it was endorsed by the cabinet,” economy minister Sultan Al Mansouri said.

“The UAE will not allow traders to manipulate consumers at will….the government will continue to intervene in consumer prices to ensure maximum protection for the consumers in the country.”

Mansouri said the ministry’s higher committee for consumer’s protection is considered “the frontline” in the defence of consumers, adding that it would not approve any new price increases without “strong and convincing reasons.”

“The committee normally carries out a comprehensive study into any request for prices increases…this study involves the reasons for this increase, the price level in the country of origin, prices in neighbouring countries and the profit margin…I don’t think we will approve any price rise this year,” he said.

According to Emirat Al Youm newspaper, the new law increases the maximum penalty against violating dealers to Dh1 million from Dh100,000 and the minimum fine to Dh100,000 from Dh10,000.