UAE: How can an employee transition to a Golden Visa through real estate investments in Dubai?

The application for the cancellation of the work permit must be submitted through the channels established by the Ministry.

Published: Sun, May 12, 2024, 9:57 AM

Last update: Sun, May 12, 2024, 10:06 PM

Question

I work for a company registered in mainland Dubai, and I plan to buy new property to obtain a "Golden Visa." What will happen to my work visa if I decide to get the "Golden Visa"?

Answer

In accordance with your question, since you are currently employed by a company on the mainland of Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Labor Relations, Cabinet Resolution No. 1 of 2022 on the implementation of Federal Decree Law No. 33 of 2021, as well as Administrative Resolution No. 38 of 2022 regarding Recommendations for the implementation by the Minister of Resolution No. 46 of 2022 on work permits, offer letters, and employment contract forms apply to you.

In the United Arab Emirates, individuals holding a Golden Residency visa can legally work. This is according to Article 7 of the Employment Law in conjunction with Article 6(1)(j) of Cabinet Resolution No. 1 of 2022, which states: "In accordance with the provisions of Article 7 of the Decree Law, the type of work permit should be determined as follows: Permit for Golden Visa holders: This type of permit is issued upon the request of an institution registered with the Ministry that wishes to hire an employee holding a Golden Visa."

Before obtaining a Golden Residency visa, the employee must notify their employer about the change of visa to a residency visa in the UAE. Based on this notification, the employer is obliged to cancel the current work permit and, consequently, the residency visa of the employee.

• Application for cancellation of work permitshould be carried out through the channels specified by the Ministry;
• Filling in all the required informationand attaching the necessary documents;
• Payment of finesfor the delay in issuing a work permit or for its untimely renewal, if applicable;
• Written confirmationfrom the company regarding the fact that the employee has been granted all of his rights;
• Fulfillment of any other conditions, as determined by the resolution of the Minister or his representative.

According to the aforementioned legislative provisions, after the cancellation of the work permit for a potential holder of the Golden Visa, he or she will be able to sign a new employment contract with the existing employer or with a new one and obtain a work permit in accordance with the provisions outlined in Administrative Resolution No. 38 of 2022.

Requirements for obtaining a work permit

Thus, the requirements for obtaining a work permit through the Ministry of Human Resources and Emiratisation (MoHRE) for holders of the Golden Visa, in accordance with Administrative Resolution No. 38 of 2022, include:

• A clear color photo on a white background;
• A copy of a valid passport, which must be valid for at least six months, along with a copy of a valid resident visa (Golden Visa);
• An approved employment contract issued by the Ministry, which must contain the signatures of both the employer and the employee;
• Academic certificates: clear diplomas indicating the employee's name, certified by the Ministry of Foreign Affairs and International Cooperation for the following qualification levels:
• Qualification levels (1 and 2): a bachelor's degree or higher, certified by competent authorities;
• Qualification levels (3 and 4): a diploma of higher education or above - certified by competent authorities;
• Qualification level (5): secondary education certificate - certified by competent authorities. State certificates are excluded;
• A professional license issued by a competent authority, such as a doctor, nurse, etc.
• (professional license issued by the Ministry of Health - Department of Health) / teacher, teaching assistant (Ministry of Education - Knowledge (Dubai) - Abu Dhabi Educational Council - Sharjah Educational Council), trainer (Youth and Sports Authority) / lawyer (Ministry of Justice).

Therefore, after obtaining a visa for Golden Residency, you can ask your employer to apply for a new work permit. For more information on this matter, you can contact MoHRE. Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is licensed to practice law in Dubai, the UK, and India. Full details about his firm can be found on the website.

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