UAE: How can an employee transition to a Golden Visa through real estate investments in Dubai? - News | Khaleej Times

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

Published: Sun, May 12, 2024, 9:57 AM. Last updated: Sun, May 19, 2024, 7:32 AM.

Question

I work for a company registered on the mainland of Dubai, and I plan to purchase new housing to obtain a Golden Visa. What will happen to my work visa if I decide to get a Golden Visa?

Answer

In accordance with your request, since you are working for a company located on the mainland in Dubai, the provisions of Federal Decree Law No. 33 of 2021, which regulates labor relations, as well as Cabinet Resolution No. 1 of 2022 regarding the implementation of this decree, and Administrative Resolution No. 38 of 2022 concerning recommendations for the implementation of Ministerial Resolution No. 46 of 2022 regarding work permits, job offer letters, and labor contract forms, apply to you. Stay updated with the latest news. Subscribe to KT channels on WhatsApp.

In the UAE, an individual holding a Golden Visa for residency can officially work. This is in accordance with Article 7 of the Labor Code and Article 6(1)(j) of Cabinet Resolution No.

Before obtaining a Golden Visa, an employee can notify their employer about a change in their residency status in the UAE. Based on this notification, the employer must cancel the existing work permit and then the residency visa of that employee. This is in accordance with Article 7(3) of Cabinet Resolution No. 1 of 2022, which states:

• The application for the cancellation of the work permit is submitted through the channels specified by the Ministry;
• Filling out the required information and attaching documents;
• Payment of fines for delays in issuing work permits or for not renewing them, if applicable;
• Submission of confirmation from the organization regarding the payment of all rights to the employee;
• Any other conditions established by the decision of the Minister or a person authorized by him.

According to the specified legislative provision, after the work permit is revoked, an employee who becomes the holder of a Golden Residence Visa can sign a new employment contract either with their current employer or with a new one, and obtain a work permit in accordance with the requirements outlined in Administrative Decision No. 38 of 2022.

To obtain a work permit through the Ministry of Human Resources and Emiratisation (MoHRE) for the holder of a Golden Visa, the following documents are required according to Administrative Decision No. 38 of 2022:

• A clear color photograph 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 (gold) visa;
• An approved employment contract issued by the Ministry, with signatures from both the employer and the employee;
• Academic documents: a clear certificate with the employee's name, certified by the Ministry of Foreign Affairs and International Cooperation for the following qualification levels:
  • Qualification levels (1 and 2): higher education or above, certified by the relevant authorities;
  • Qualification levels (3 and 4): diploma or higher - certified by the relevant authorities;
  • Qualification level (5): high school diploma - certified by the relevant authorities. State certificates issued by the authorities do not require certification.
• Professional license issued by the relevant 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 and Human Development Authority (Dubai) - Abu Dhabi Education Council - Sharjah Education Council), Fitness trainer (Youth and Sports Authority) / Lawyer (Ministry of Justice).

Thus, immediately after receiving the Golden Visa for residency, you can approach your employer with a request to apply for a new work permit. For more information on this matter, you can contact MoHRE.

Ashish MehtaHe is the founder and managing partner of Ashish Mehta & Associates. He is licensed to practice law in Dubai, the UK, and India.

Readers can send their questions to the email address: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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