In the United Arab Emirates, the line between residing lawfully and facing deportation can be perilously thin. The UAE’s strict legal framework governs not only the entry and exit of foreigners but also their conduct when in the country.
This blog aims to unravel the complexities of the UAE’s deportation laws, shedding light on the key reasons why expatriates might find themselves compelled to leave. Either visa violations, criminal offences, or other legal missteps, understanding these triggers is crucial for anyone navigating life in the UAE.
Types of deportation from the UAE
Deportation within the UAE falls into two distinct categories: legal and administrative.
- Legal deportation: Legal deportation stems from a court order, reflecting a judicial decision based on specific legal breaches.
- Administrative deportation: Administrative deportation is enacted by the Federal Identity and Citizenship Authority and can be reversed through an application to the General Directorate of Residency and Foreigners’ Affairs in the respective emirate.
Reasons for deportation from the UAE
Judicial deportation
Judicial deportation in the UAE occurs under a court order, primarily aimed at foreigners sentenced for felonies involving custodial punishment. According to Article 121 of Law No. 3 of 1987 of the Penal Code, as amended by Federal Law No. 34 of 2005 and further by Federal Decree-Law No. 7 of 2016, any foreign national convicted of a felony requiring incarceration, or crimes related to sexual assault, is mandated to be deported from the state. For other misdemeanours, the court retains the discretion to either order deportation or opt for it as an alternative to custodial sentences.
Administrative deportation
Administrative deportation, on the other hand, is initiated by the Federal Identity and Citizenship Authority and is generally enforced to safeguard public interest, security, or morals. This type of deportation can be contested and potentially reversed through an application to the General Directorate of Residency and Foreigners’ Affairs in the relevant emirate. As per Ministerial Decision No. 360 of 1997, the federal public prosecutor or their legal representative, along with the chairman of the Federal Authority for Identity and Citizenship or their delegate, may issue a deportation order.
This order can be issued against any foreigner, irrespective of the validity of their entry permit or residency visa, if deemed necessary for public interest, security, morals, or health, or if the individual lacks visible means of support.
Grace period
If a foreigner facing a deportation order has unresolved interests within the country, they may be granted a grace period to settle these matters, contingent upon providing bail. The Federal Authority for Identity and Citizenship determines the length of this grace period, which shall not exceed three months.
Reversing deportation
A deported foreigner can only re-enter the UAE with special authorisation from the Director General of the Federal Authority for Identity and Citizenship, according to Article 28 of Law No. 6 of 1973 on Entry and Residence of Foreigners.
To obtain this special permit, an application must be submitted to the naturalisation and residency administration responsible for entry permits and visas. It should detail all relevant information including previous residency permits, the reasons for deportation, and any subsequent changes in circumstances.
Furthermore, a foreigner subject to a deportation order may appeal to the public prosecution to revoke the order. The appeal must include reasons for the cancellation and any supporting documentation. This appeal is then reviewed by a special committee tasked with deciding on the revocation of the deportation order.
The blacklist
Under the Executive Regulation of Law No. 6 of 1973 on Entry and Residence of Foreigners, the UAE maintains a blacklist of individuals barred from entering or exiting the country. This includes those involved in criminal activities, those liable for civil rights obligations, or those deemed a threat to public security. Entries and removals from the blacklist are sanctioned based on directives from relevant authorities and cover the following categories.
Individuals banned from entry
- Persons previously convicted of crimes and deported by court order.
- Individuals deported under administrative directives from the Ministry of Interior, as per Article 23 of Law No. 6 of 1973.
- Individuals flagged by the International Criminal Cooperation Department.
- Persons diagnosed with AIDS or other diseases considered a public health risk by the Ministry of Health and Prevention.
- Individuals deported from other GCC countries due to criminal activities.
Individuals banned from exiting
- Individuals subject to ongoing investigations, as ordered by the public prosecutor or their delegate.
- Persons involved in ongoing court cases, as decreed by the relevant court.
- Any individual indebted to government funds, with travel bans issued by the appropriate minister or their authorised representatives.
The administrative list
The administrative list specifies individuals prohibited from entering or leaving the UAE due to issues related to their residence status and employment. This list particularly includes:
- Domestic workers and similar categories of employees who have cancelled their residence visas before the termination of their labour contracts.
- Individuals who have absconded from their sponsors and subsequently been reported to the police.
- Persons subject to an administrative deportation order.
This mechanism ensures compliance with UAE’s immigration and labour regulations, safeguarding both legal and contractual obligations.
Conditions for lifting names from the administrative list and blacklist
Lifting names from the blacklist
The process for lifting names from blacklists in the UAE is governed by specific regulations and conditions:
Individuals banned from entry
- Names listed under a court order are addressed according to the procedures in Articles 102, 103, and 104 of Ministerial Resolution No. 360 of 1997.
- Names included under a decision by the Minister of Interior or their authorised representative, as per Article 23 of Law No. 6 of 1973, are removed following a decision from the same minister.
- Names entered by the International Criminal Cooperation Department are lifted using the same method as they were listed.
Individuals banned from leaving
- Names can be removed from the blacklist with a written order from the Public Prosecutor or their representative, after a written notification from the entity that originally issued the ban.
- Individuals banned under a court order can have their names lifted with a written directive from that same court.
- Individuals accountable for government funds can be removed from the blacklist with a written justification from the concerned authority, typically requiring an order from the Minister of Interior or their representative.
Lifting names from the administrative list
The Department of Entry and Residence Permits may remove names from the administrative list one year after the individual’s departure or deportation from the UAE, under the following conditions:
- Domestic helpers who cancelled their residence visas before their employment contracts expired.
- Individuals deported from the UAE under Article 29 of the Foreigner Entry and Residency Law.
- Individuals barred from entry under the fines reduction regulations provided in Ministerial Resolution No. 360 of 1997.
This structured approach ensures a fair review and potential reversal of bans, adhering strictly to the established legal frameworks.
Secure your future in the UAE with Davidson & Co.
Whether you’re seeking to lift a blacklist restriction or address issues on the administrative list, the right legal guidance is crucial. Davidson & Co. is a distinguished boutique law firm in the UAE that stands ready to assist you with all your immigration matters. With our profound understanding of local laws and regulations, we offer personalised and effective solutions to help clear your path towards resolving immigration challenges.
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