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Our legal expert Saif Saeed of The Legal Group, Advocates and Legal Consultants, will be happy to answer your queries regarding labour laws, visa, transfer of sponsorship and other related issues in the UAE and suggest possible courses of action to meet your legal problems. Listed below are some of the legal issues explored by the expert. Submit your legal queries or fax your queries to 06-5532737. You can also call the Legal Group on 04-2975222 or fax them at 04-2975333. Also refer: Employment and Labour Laws in UAE - I Visa Queries Queries on visa ban Sponsorship Queries Queries on Dues Other Queries Sponsorship Queries Visit Visa Sponsoring parents Sponsoring family Sponsorship by Father Validity Sponsoring Child Sponsoring Parents Labour card Can students sponsor? Changing Family Sponsorship Sponsorship Transfer during probation Transfer Sponsorship Transfer Visit Visa Transfering Sponsorship Cost of Visa Sponsoring Child Transfer of Sponsorship Partnership Self Sponsorship Trailing Spouse Sponsoring Brother Sponsoring Child On expire of father's visa Changing sponsorship Procedure to transfer sponsorship Any minimum qualification for sponsoring family? Sponsorship by a non-muslim Sponsoring husband Sponsoring wife Sponsorship by divorcee Sponsorship change Rules for sponsorship transfer No visa on compassionate grounds Sponsoring husband Procedure for sponsorship transfer Can a father sponsor daughter's fiancé Can a father sponsor divorced daughter Minimum salary to Sponsor parents Can an individual sponsor another person. Documents for sponsoring family Changing sponsor if 'jobless' Combined salary for sponsorship Approval from sponsor Latest sponsorship transfer rules Residence visa for parents Absconding sponsor Procedure for sponsoring family Working while on father's sponsorship. Categories of female expatriates who can sponsor families Sponsorship transfer Transfer from husband's to Co's sponsorship Back to top On Sponsorship Queries Geogy, who is working in Dubai, wants to know if he can bring his fiancée to Dubai on a visit visa for which he wants to know the rules. The relevant articles in the immigration law for obtaining visit visa are as follows: Article (38) Entry permission For Visit This permission is issued by the Residence and Immigration Department and Consular Authorities representing the country abroad, if necessary, to any foreigner who intends to enter the country for the following purposes. a) To visit a relative or a friend residing legally in the country. b) To visit judicial person, whether private or public. c) For tourism, provided the person is sponsored by tourist firms or companies. Dubai Naturalization and residency Department also stipulates that the sponsor for visit visa should have a minimum salary of Dhs 6000. Back to top Amjad who is working in Dubai with salary of Dhs 7000 with company accommodation has sponsored his mother for a visit. He wants to apply for her residence and therefore wants to know the rules for sponsoring parents. Expatriates in Dubai can now sponsor their parents on residence visa under a new facility introduced last month by the Dubai Naturalisation and Residency Department (DNRD) on humanitarian considerations. An expatriate who is allowed to sponsor his or her parents on humanitarian basis will be required to pay Dhs5,000 and has to take a health insurance policy from a private sector insurance company for each parent. The sum of Dhs5000 will be charged for each parent as a one-time security deposit, refundable when the sponsored parent dies or leaves the country for good after getting the residence visa cancelled. However, the health insurance will have to be renewed every year and is a pre-requisite for renewal of the residence visa which will be given for one year and will be renewable. The annual health insurance cover requirement is meant to ensure that the parent receives proper medical treatment in the private sector in case of illness. Elderly people in general are more prone to diseases and need special health care and attention. An applicant has to prove to the department that there is a humanitarian issue that requires him to sponsor his one or both parents, as he being the sole supporter. A letter from the applicant's consulate certifying that he is the sole supporter will be required. Other requirements to be met by the applicant are those stipulated by the UAE cabinet, such as minimum salary and valid residence visa. If the department is convinced about the humanitarian circumstances it will treat the application as genuine and will give approval, after which the applicant can complete the process of sponsoring his parents on residence visa by furnishing the deposit and the health insurance policy. Back to top Shiromi Sahabandu currently living in Sri Lanka is planning to join her husband who is currently working in the UAE on a salary of Dhs 2570 per month with accommodation. She is trying to find a job in the UAE and wants to know whether they can sponsor their son with their combined salary. Expatriate employees are eligible to sponsor their family if they have a salary of Dhs3500 with company accommodation or Dhs4000 without accommodation. The sponsor should meet these criteria for which the combined salary of husband and wife is not considered. Back to top Ali Zaheer, who is born and brought up in Dubai, went to the States to do his bachelors degree. After graduation he came back to Dubai thinking that he would payback Dubai with his services and skills in return for giving him 18 years of great life. However, he says he now regrets his decision because he can't find a job here. Therefore, he wants to know whether his father can sponsor him for 1 year so that it will help him to stay here and look for a job. The country's rules do not offer any special privileges to expatriates born and brought up here. Moreover, an expatriate father cannot sponsor his sons above 18 years. It would therefore be better for Ali if he looks for an employer who will offer him sponsorship. Back to top Atif Wazeer who is a student in America has a business partner visa from Dubai. He has to come to Dubai every six months because his visa becomes invalid if he stays out for more than six months. He finds it expensive and time consuming and therefore he wants to know if there is a way out. Recently there were reports that if the UAE sponsor of a person studying abroad gives a deposit of Dhs. 5000/- to the Immigration Department, the invalidity clause can be waived. Atif's sponsor in Dubai should contact the Immigration Department and pay this deposit so that he doesn't have to come to Dubai every six months to keep his UAE visa valid. Back to top Adel Sharief sponsored his wife when his salary was Dhs 4,000 per month. Now he has got a baby born here who should be sponsored by him. However, his salary now is reduced and he is not eligible to sponsor family. He wants to know how he can sponsor his son. Expatriate employees who want to sponsor their family should have a monthly salary of Dhs 4,000 without accommodation or Dhs. 3500/- with company accommodation. If Adel Sharief doesn't meet the criteria for family sponsorship the only thing he can do is to appeal to the Director of the Immigration to allow him to sponsor his child. The Immigration Director may or may not allow him to sponsor his child on humanitarian grounds. Back to top Angelo Frank is working in Dubai with a salary of Dhs. 4000/- and his wife is having a salary of Dhs 4500/- plus accommodation. He wants to know whether he is entitled to sponsor his father for residence in Dubai. The terms and conditions for sponsoring parents are given below for the benefit of all readers. Expatriates in Dubai can now sponsor their parents on residence visa under a new facility introduced last month by the Dubai Naturalization and Residency Department (DNRD) on humanitarian considerations. An expatriate who is allowed to sponsor his or her parents on humanitarian basis will be required to pay an amount of Dh5,000 and has to take a health insurance policy from a private sector insurance company for each parent. The sum of Dh5,000 will be charged for each parent as a one-time security deposit, refundable when the sponsored parent dies or leaves the country for good after getting the residence visa cancelled. The health insurance, however, will have to be renewed every year and is a pre-requisite for renewal of the residence visa which will be given for one year and will be renewable. The annual health insurance cover requirement is meant to ensure that the parent receives proper medical treatment in the private sector in case of illness. Elderly people in general are more prone than others to diseases and need special health care and attention. An applicant has to prove to the department that there is a humanitarian issue that requires him to sponsor his one or both parents, he being the sole supporter. A letter from the applicant's consulate certifying that he is the sole supporter will be required. Other requirements to be met by the applicant are those stipulated by the UAE cabinet, such as minimum salary and valid residence visa. If the department is convinced about the humanitarian circumstances it will treat the application as a genuine case and will accord approval, after which the applicant can complete the process of sponsoring his parents on residence visa by furnishing the deposit and the health insurance policy. Back to top Dilshad Khajotia, who is on her husband's sponsorship is working for a local group in Dubai. The company is forcing her to be on the company's sponsorship because the Ministry of Labour and Social Affairs is not renewing any labour cards of those who are under husband's sponsorship. She wants to know whether it is true. There was an announcement in the media that the Ministry of Labour and Social Affairs is planning to stop issuing work permits to those who are on husband's or parent's sponsorship. Since this is a weekly column, we are unable to give daily developments and changes in the country's laws. Dilshad should therefore check with the Ministry whether it has implemented its decision in this regard. Back to top Can students living in the country on student visa obtain a visit visa for his parent? Bashir from Saudi Arabia wants this question answered because he wants his son who is a student in the UAE sponsor him for the visit to UAE. Also, a number of readers, including Pramod Kumar, wants to know the procedure to obtain a visit visa to Dubai. They also want to know how they can convert their visit visa to an employment visa. The relevant articles in the immigration law for obtaining visit visa is as follows: Article 38 Entry permission for visit This permission is issued by the Residence and Immigration Department and consular authorities representing the country abroad, if necessary, to any foreigner who intends to enter the country for the following purposes. a) To visit a relative or a friend residing legally in the country. b) To visit juridical person, whether private or public. c) For tourism, provided to be sponsored by tourist firms or companies. Article 39 Entry permission for visit entitles its bearer to enter the country once during the two months following issuance and to stay for 30 days from the date of entry. Such permission can be renewed for the same period for two consequent times for serious reasons but not for those coming for tourism. Article 40 Application for entry permissions for visit shall be submitted on the form prepared for this purpose after completing all the particulars and documents required for every case, following in this respect the under mentioned procedure: a) In case the purpose of entry is to visit a relative or a friend legally residing in the country, the following conditions are required: 1) The visitor should be a spouse or a first degree of affinity to the sponsor. Relatives of second degree of affinity may be allowed by the approval of Deputy Minister for Residence and Immigration or his authorised. 2) The sponsor must be a citizen, in case the visitor is a friend. 3) The documents evidencing the spouse relation or the degree of a affinity or reasons for visit must be attached, and the sponsor must produce the sufficient guarantee for non default of the sponsored. b) In case the purpose of the entry is that a foreign wife wants to visit her GCC citizen husband, then the wife must hold a valid residence permission to the country with her husband enjoying its nationality. c) In case the purpose of entry is to visit a juridical person, whether private or public, an acceptable justification should be submitted to the concerned department stating the reasons for visit and the purpose. d) In case the purpose of entry is for tourism, the sponsor must be an establishment or firm practicing tourism, and have sufficient guarantees, and submit the application at least one week before the arrival attached to a list of the names to be brought, and their personal details, provided their number should be at least ten persons and showing the tourist programme, stating the date of arrival and the date of departure and the places they would visit in the country and the place where they would stay. By the approval of the deputy minister for residence and immigration affairs, or his authorised person, the condition for the numbers may be waived. The sponsor for visit visa should meet the above requirements. The Dubai Naturalisation and Residency Department also stipulates that the sponsor for visit visa should have a minimum salary of Dhs6,000. Those who manage to get an employment during their visit should exit the country and return with the entry permit for employment. Back to top Can an employee who has completed only six months service with the present employee transfer his job? Toukih who asked this question wants to know the details of sponsorship transfer because he wants to take up a better job. The current procedure for sponsorship transfer is given below: The Ministry of Labour and Social Affairs has expanded the list of employees entitled to transfer their sponsorship. The new categories which were not included in the order but were found to be of use to the country are taxi drivers, drivers of heavy vehicles, media persons including journalists, photographers, sub-editors, television and radio presenters, representatives of foreign news agencies in addition to first class cooks in five star hotels as well as those working in rare professions irrespective of their educational qualifications. Under the Cabinet's order, only specific categories totaling eight are allowed at present to change their visas from one sponsor to another without having cancelled the visa and leave the country. They are engineers, doctors, pharmacists and nurses, higher colleges and university professors, experts and legal consultants, economists, administrative personnel holding high educational qualifications and finance personnel, computer systems programmes and analysts holding university degrees, specialists and technicians working in oil extraction and refining companies, gas companies and related industries, sports coaches in various sports and educational activities and finally specialists in the marine and air navigation as well as pilots and captains. It has classified the exempted categories listed in the Cabinet's order based on the uniform job classification directory of the GCC. Under the category of engineers, a large number of classifications are listed, and therefore allowed to change their visas, such as electrical engineers, mechanical engineers and civil engineers. The new list added the above mentioned categories of drivers, media persons and cooks, in addition to exempting chartered accountants and accounts who are holders of masters and doctorate degrees. Moreover, workers sponsored by companies that went bankrupt or which closed down and left its employees stranded in the country without money or job were previously allowed to change sponsorship as a temporary solution to their problem, but the order did not exempt them neither did the explanatory manual. Instead, it was decided to use the bank guarantee to pay them off their pending dues and to send them back to their home countries. In case the company did not deposit any bank guarantee, these workers will be referred to the authorities authorised to deport them, which is the Ministry of Interior. Investors and owners of small businesses are not allowed to transfer their sponsorship. The sponsorship will be transferred provided that the employee with the new sponsor perform the same duties, must be holder of a valid visa, must have worked at least two years with the former sponsor, and must get the approval of the former sponsor for visa transfer, with the condition that no UAE or GCC nationals apply for vacant job, the circular said. The circular excluded the above-mentioned conditions for visa transfer in cases of transfer of the employee for another company owned by the same sponsor, the transfer of the employee for another branch in the same company or in case of the change of the company's or institute's ownership. However, the authorities have recently announced that they are in the process of revising the procedure for sponsorship transfer. Toukih should therefore wait for the new rules because as per the current rules he cannot transfer his sponsorship since he has not completed two years service with the present sponsor. Back to top KG informs us that he has spent a lot of money to change his and his family's visa which is valid until September 2005. However, unfortunately, he lost his job again due to restructuring during his probationary period. He wants to know how he can avoid canceling his and his family's visa again. Unfortunately, the law does not take personal difficulties into consideration. Since KG doesn't meet the requirements for sponsorship transfer, he will have to cancel his and his family's visa once again. KG can take up another employment after the duration of the ban if there is any. Back to top Singh is working as an electronics engineer in Sharjah. He wants to leave his job and join another company in Dubai. He wants to know whether he will get a ban or whether he can transfer his sponsorship. He also wants to know whether his new employer can obtain a visa from Dubai Naturalisation and Residence Department (DNRD) before canceling his current visa. Engineers can transfer their sponsorship if they have worked for at least two years with the original sponsor who should agree to such transfer. As regards obtaining visa from DNRD before cancelling the previous visa, DNRD will issue a new visa only after the cancellation of the previous one. Back to top Hanish is currently working in Jebel Ali free zone. He wants to know whether he can transfer his sponsorship to another company in free zone or to any company in the UAE. The sponsorship transfer rules by the Ministry of Labour and Social Affairs are not applicable to employees in the free zones. They should therefore cancel their visa and come back on the employment visa provided by the new employer. Back to top Shabih Hassan and a number of other readers want to know the salary limit for sponsoring friends on visit visa. Shabih also wants to know whether there is a separate salary limit if he wants to sponsor his brother or sister for a visit. The article of the immigration rules regarding sponsorship for visit visa are repeated below for the benefit of Shabih and all readers. Article 38 Entry permission for visit This permission is issued by the Residence and Immigration Department and Consular Authorities representing the country abroad, if necessary, to any foreigner who intends to enter the country for the following purposes. a) To visit a relative or a friend residing legally in the country. b) To visit a juridical person, whether private or public. c) For tourism, provided to be sponsored by tourist firms or companies. Article 39 Entry permission for visit entitles its bearer to enter the country once during the two months following issuance and to stay for 30 days, from the date of entry. Such permission can be renewed for the same period for two consequent times for serious reasons but not for those coming for tourism. Article 40 Application for entry permissions for visit shall be submitted on the form prepared for this purpose after completing all the particulars and documents required for every case, following in this respect the under mentioned procedure: a) In case the purpose of entry is to visit a relative or a friend legally residing in the country, the following conditions are required: 1) The visitor should be a spouse or a first degree of affinity to the sponsor. Relatives of second degree of affinity may be allowed by the approval of Deputy Minister for Residence and Immigration or his authorised. 2) The sponsor must be a citizen, in case the visitor is a friend. 3) The documents evidencing the spouse relation or the degree of a affinity or reasons for visit must be attached, and the sponsor must produce the sufficient guarantee for non default of the sponsored. b) In case the purpose of the entry is that a foreign wife is visiting her GCC citizen husband, then the wife must hold a valid residence permission to the country in which her husband enjoys its nationality. c) In case the purpose of entry is to visit a juridical person, whether private or public, an acceptable justification should be submitted to the concerned department stating the reasons for visit and the purpose. d) In case the purpose of entry is for tourism, the sponsor must be an establishment or firm practising tourism, and have sufficient guarantees, and submit the application at least one week before the arrival attached to a list of the names to be brought, and their personal details, provided their number should be at least 10 persons and showing the tourist programme, stating the date of arrival and the date of departure and the places they would visit in the country and the place where they would stay. By the approval of the deputy minister for residence and immigration affairs, or his authorized person, the condition for the numbers may be waived. The sponsor for visit visa should meet the above requirements. Dubai Naturalization and residency Department also stipulates that the sponsor for visit visa should have a minimum salary of Dhs6,000. Back to top AP Kumar is working as an engineer in Abu Dhabi and his current designation in his labour contract and visa is that of engineer. However, his educational qualification is a three-year diploma in electrical engineering and therefore he wants to know whether he is eligible to transfer his sponsorship. Engineers can transfer their sponsorship if they have a no-objection letter from the present sponsor with whom they must have completed a minimum of two years service. However, to obtain a new engineer's visa from a new sponsor, Kumar should have an engineering degree endorsed by the Ministry of Foreign Affairs. Back to top Adnan and a number of other expatriate employees want to know who will bear the cost of obtaining an employment visa. They also want to know whether it is the employer or employees who should pay for medical and residence visa fees. It is the responsibility of the employer to pay for all the expenses related to the employee's visa. Moreover, the Ministry of Labour and Social Affairs has recently warned that employers who try to reimburse the visa cost from the employees will be penalised. Back to top RSA is working as an accountant and she is sponsored by her company. She wants to know whether she can sponsor her child. Female expatriate employees can sponsor their family and the rules for the same are as follows: According to article 28 of the ministerial decree for law no. 6/1973, the Department of Immigration has the authority to permit female foreign workers who are specialist in medical, engineering or teaching profession to sponsor their family. The worker's minimum salary in this case should be Dhs6,000 per month. The sponsor's employment contract endorsed by the Ministry of Labour and Social Affairs, marriage certificate, original passport of sponsor and passport copies of the sponsored are the documents required for the sponsorship. Back to top Sharon's husband is currently working as a supervisor in Dubai on an unlimited contract. She wants to know whether he can transfer the sponsorship if his sponsor has no objection. S. Rashid who is working as an accounting clerk also wants to know the procedure for the same. The sponsorship transfer rules are given below for the benefit of Sharon, S.Rashid and many other readers who are eager to know the same. The Ministry of Labour and Social Affairs has expanded the list of employees entitled to transfer their sponsorship. The new categories which were not included in the order but were found to be of use to the country are taxi drivers, drivers of heavy vehicles, media persons including journalists, photographers, sub-editors, television and radio presenters, representatives of foreign news agencies in addition to first class cooks in five-star hotels as well as those working in rare professions irrespective of their educational qualifications. Under the Cabinet's order, only specific categories totaling eight are allowed at present to change their visas from one sponsor to another without having cancelled the visa and leave the country. They are engineers, doctors, pharmacists and nurses, higher colleges and university professors, experts and legal consultants, economists, administrative personnel holding high educational qualifications and finance personnel, computer programmers and analysts holding university degrees; specialists and technicians working in oil extraction and refining companies, gas companies and related industries, sports coaches in various sports and educational activities and finally specialists in the marine and air navigation as well as pilots and captains. It has classified the exempted categories listed in the Cabinet's order based on the uniform job classification directory of the GCC. Under the category of engineers, a large number of classifications are listed, and therefore allowed to change their visas, such as electrical engineers, mechanical engineers and civil engineers. The new list added the above mentioned categories of drivers, media persons and cooks, in addition to exempting chartered accountants and accounts who are holders of masters and doctorate degrees. Moreover, workers sponsored by companies that went bankrupt or which closed down and left its employees stranded in the country without money or job were previously allowed to change sponsorship as a temporary solution to their problem, but the order did not exempt them neither did the explanatory manual. Instead, it was decided to use the bank guarantee to pay them off their pending dues and to send them back to their home countries. In case the company did not deposit any bank guarantee, these workers will be referred to the authorities authorized to deport them, which is the Ministry of Interior Investor falling in any of the exempted categories to change his visa status. Investors, owners of small businesses are not allowed to transfer their sponsorship. The sponsorship will be transferred provided that the employee with the new sponsor perform the same duties, must be holder of a valid visa, must have worked at least two years with the former sponsor, and must get the approval of the former sponsor for visa transfer, with the condition that no UAE or GCC nationals apply for vacant job the circular said. The circular excluded the above-mentioned conditions for visa transfer in cases of transfer of the employee for another company owned by the same sponsor, the transfer of the employee for another branch in the same company or in case of the change of the company's or institute's ownership. Back to top Afshin is planning to start a business in the UAE and has been offered a partnership to act as national sponsor. Afshin wants to know whether he can revoke the partnership and continue the trade on his own at a later stage. An agreement can be revoked if its clauses state that it can be revoked. Partnership agreement is a delicate matter and therefore Afshin can appointment a consultant like 'The Legal Group' which also specialises in corporate services. Back to top Is it possible to be self sponsored for starting a business in the UAE? Muhammad Afzal, an IT professional who wants to establish a consultancy in the country also wants to know the procedure to start a business without a local sponsor. All UAE employees, with the exception of unskilled or illiterate workers, are being allowed to transfer their sponsorship to a self-sponsor investor status. The Ministries of Interior and Labour and Social Affairs have allowed all employee categories in the public or private sector to make the transfer, which will allow them to become self employed. Employees can transfer their sponsorship if they hold a valid residence visa stamped in their passport, and obtain approval from their current sponsor. They should also have worked for two years at least with the former employer. Back to top Edward who is sponsored by his wife lives in Dubai as "trailing spouse." He wants to know what happens to his residence status if his wife loses her job. He also wants to know whether he can get an employment visa and then sponsor his wife. If Edward's sponsor loses her job, she should cancel Edward's visa at the time of canceling her visa. Edward can then come on an employment visa and subsequently sponsor his wife. Back to top Yakub who is a post-graduate in information technology says that he is willing to work in Dubai. He wants to know whether his brother who has a monthly salary of Dhs1,500 can sponsor him for a visit visa. The relevant articles in the immigration law concerning visit visa sponsorship are given below: Article 38 Entry permission for visit This permission is issued by the Residence and Immigration Department and Consular Authorities representing the country abroad, if necessary, to any foreigner who intends to enter the country for the following purposes. a) To visit a relative or a friend residing legally in the country. b) To visit a juridical person, whether private or public. c) For tourism, provided to be sponsored by tourist firms or companies. Article 39 Entry permission for visit entitles its bearer to enter the country once during the two months following issuance and to stay for thirty days, from the date of entry. Such permission can be renewed for the same period for two consequent times for serious reasons but not for those coming for tourism. Article 40 Application for entry permissions for visit shall be submitted on the form prepared for this purpose after completing all the particulars and documents required for every case, following in this respect the undermentioned procedure: a) In case the purpose of entry is to visit a relative or a friend legally residing in the country, the following conditions are required: 1) The visitor should be a spouse or a first degree of affinity to the sponsor. Relatives of second degree of affinity may be allowed by the approval of Deputy Minister for Residence and Immigration or his authorised. 2) The sponsor must be a citizen, in case the visitor is a friend. 3) The documents evidencing the spouse relation or the degree of a affinity or reasons for visit must be attached, and the sponsor must produce the sufficient guarantee for non default of the sponsored. b) In case the purpose of the entry is that a foreign wife has to visit her GCC citizen husband, then the wife must hold a valid residence permission in the country with her husband enjoying its nationality. c) In case the purpose of entry is to visit a juridical person, whether private or public, an acceptable justification should be submitted to the concerned department stating the reasons for visit and the purpose. d) In case the purpose of entry is for tourism, the sponsor must be an establishment or firm practising tourism, and have sufficient guarantees, and submit the application at least one week before the arrival attached to a list of the names to be brought, and their personal details, provided their number should be at least ten persons and showing the tourist program, stating the date of arrival and the date of departure and the places they would visit in the country and the place where they would stay. By the approval of the deputy minister for residence and immigration affairs, or his authorised person, the condition for the numbers may be waived. An expatriate employee should have a minimum salary of Dhs6,000 per month to sponsor relatives for visit visa. Yakub should therefore have a relative who meets this requirement in order to obtain visit visa. The above information is also applicable to Mrs Pereira from Sri Lanka who wants to get a visit visa for Dubai so that she can spend Christmas with her brother who lives here. Back to top Noor is working as an engineer in Dubai and he wants to know the procedure for sponsoring his child born in his home country. Expatriates with a monthly salary of Dhs4,000 or Dhs3,500 with company accommodation can sponsor their family. Noor should therefore apply to the Immigration Department for residence visa for his child. Back to top Nabeelshan was born in Abu Dhabi and lived there for 18 years. Since he is above the age limit of 18 years, his father cannot renew his residence visa. Therefore, Nabeel wants to know how he can save his visa from cancellation. Unfortunately for Nabeel and other expatriates born and brought up in the UAE, the country doesn't offer any special privileges or rights for expatriates born here. The only solution for Nabeelshan to stay back in the country is to find a job and get an employment visa so that he can live here as an employee. Back to top Mukesh Bhatia is doing business in Dubai in partnership with his father whose visa has expired. Mukesh wants to know whether he can transfer his father's visa to his sponsorship. As per the current sponsorship transfer rule, a person who wants to transfer sponsorship should have a valid residence visa. Mukesh should therefore get his father's visa cancelled and bring him on a new visa. Back to top S Kumar, a chartered accountant, is working as accountant-general since the last four months. But his employer has asked him to find another job due to lack of business. Kumar wants to know the procedure to transfer his sponsorship. Chartered accountants can transfer their sponsorship. However, such sponsorships can be done only after completing two years of service with the original sponsor. Kumar should therefore cancel his present visa and comeback on the new visa provided by the new employer. Back to top Is there any minimum qualification for sponsoring family or does the sponsorship depend only on salary? Debra wants an answer to this question since she wants to be sponsored by her husband. In case he cannot sponsor her, can she take a secretarial job and sponsor her son? Family sponsorship is not based on educational qualification of the sponsor. Any expatriate employee who gets a salary of Dhs4,000 or Dhs3,500 with company paid accommodation can sponsor his family. As regards family sponsorship by females, here is the relevant Immigration Law. According to article 28 of the ministerial decree for law no. 6/1973, the Department of Immigration has the authority to permit female foreign workers who are specialist in medical, engineering or teaching profession to sponsor their family. The worker's minimum salary in this case should be Dhs6,000 per month. The sponsor's employment contract endorsed by the Ministry of Labour and Social Affairs, marriage certificate, original passport of sponsor and passport copies of the sponsored are the documents required for the sponsorship. Back to top Fonseka wants to know if a non-muslim husband can sponsor his muslim wife for residence in the UAE? According to the Islamic Sharia a non-muslim man cannot marry a muslim woman although a muslim man can marry a non-muslim woman. A non-muslim husband therefore cannot sponsor his muslim wife for UAE residence because it is illegal for them to live together in this country. Back to top Sudhar, a female engineering graduate has got an offer to work as trainer in a computer centre in Dubai. She wants to know whether she can change her job without a ban if she gets a better offer. She also wants to know whether she is eligible to sponsor her husband. Sudhar and all expatriate employees who accept job offers in the UAE thinking that they can change jobs whenever they want, should know article 116 of the country's labour laws which is given below for their benefit. "Where a contract is revoked by the worker for reasons other than those specified in article (121), he shall be required to compensate the employer for any prejudice the latter sustain as a result; provided that the amount of compensation shall not exceed half the worker's remuneration for three months so the residual period of the contract whichever is shorter unless the contract contains a provision to the contrary." As regards sponsoring husband, here is the relevant law: According to article 28 of the ministerial decree for law no. 6/1973, the Department of Immigration has the authority to permit female foreign workers who are specialists in medical, engineering or teaching profession to sponsor their family. The worker's minimum salary in this case should be Dhs6,000 per month. The sponsor's employment contract endorsed by the Ministry of Labour and Social Affairs, marriage certificate, original passport of sponsor and passport copies of the sponsored are the documents required for the sponsorship. Back to top M Weller informs that his son is planning to get married. He wants to know the procedures his son should follow for bringing his wife with him. Weller's son should apply to the Immigration Department for sponsoring his wife. Employment contract showing a minimum salary of Dhs4,000 or Dhs 3,000 with accommodation, tenancy contract, marriage certificate and health certificate are the documents to be submitted to the Immigration Department along with the application for sponsoring his wife. Back to top Sharmila who is a divorcee is working in Dubai and drawing a salary of Dhs3,500. She wants to know the procedure for sponsoring her son. Divorce is not an obstacle for sponsoring family members. However, Sharmila should meet the requirements for females to sponsor family, which is published elsewhere in this article. If she does not meet those requirements she can apply to the director of Department of Immigration to allow her to sponsor her son on humanitarian grounds. Back to top SMA is working as supervisor in a school in Dubai. She is currently living with her daughter and son-in-law. She wants to change her sponsorship from her employer to her daughter or son-in-law. However, she also wants to continue her employment. SMA's daughter or son-in-law can sponsor her if they meet the requirement for such sponsorships published elsewhere in this article. However, she has to cancel her employment visa to be eligible for sponsorship by her daughter or son-in-law. If she gets a six-month ban by the Department of Immigration when she cancels her employment visa, she will not be able to enter the country during the ban period. Back to top Teji's friend is an engineer working as technical manager for a trading company in Dubai. He has not yet completed one year with the present sponsor but he wants to change his job and therefore wants to know the rules for sponsorship transfer. The procedure for sponsorship transfer still remains the priority for many readers including Teji's friend, Walter and many others. Therefore we give below the rules and regulation for the same. The Ministry of Labour and Social Affairs has expanded the list of employees entitled to transfer their sponsorship. The new categories which were not included in the order but were found to be of use to the country are taxi drivers, drivers of heavy vehicles, media persons including journalists, photographers, sub-editors, television and radio presenters, representatives of foreign news agencies, chefs in five star hotels and those working in rare professions irrespective of their educational qualifications. Under the Cabinet's order, only specific categories totaling eight are allowed at present to change their visas from one sponsor to another without cancelling the visa and leaving the country. They are engineers; doctors, pharmacists and nurses; higher colleges and university professors; experts and legal consultants, economists, administrative personnel holding high educational qualifications and finance personnel; computer programmers and analysts holding university degrees; specialists and technicians working in oil extraction and refining companies, gas companies and related industries; sports coaches in various sports and educational activities and specialists in the marine and air navigation fields including pilots and captains. It has classified the exempted categories listed in the Cabinet's order based on the uniform job classification directory of the AGCC. Under the category of engineers, a large number of classifications are listed, and therefore allowed to change their visas, such as electrical engineers, mechanical engineers, civil engineers. The new list added the above mentioned categories of drivers, media persons and cooks, in addition to exempting chartered accountants and accounts who are holders of masters and doctorate degrees. Moreover, workers sponsored by companies that went bankrupt or which closed down and left its employees stranded in the country without money or job were previously allowed to change sponsorship as a temporary solution to their problem, but the order did not exempt them neither did the explanatory manual. Instead, it was decided to use the bank guarantee to pay their pending dues and send them back to their home countries. In case the company did not deposit any bank guarantee, these workers will be referred to the authorities authorised to deport them, which is the Ministry of Interior. Investors, owners of small businesses are not allowed to transfer their sponsorship. The sponsorship will be transferred provided the employee with the new sponsor performs the same duties, must be holder of a valid visa, must have worked at least two years with the former sponsor, and must get the approval of the former sponsor for visa transfer, with the condition that no UAE or GCC nationals apply for the vacancy, the circular said. The circular excluded the above-mentioned conditions for visa transfer in cases of transfer of the employee to another company owned by the same sponsor, the transfer of the employee to another branch in the same company and in case of the change of the company's or institute's ownership. Back to top X from India complains that his wife who is in the UAE cannot sponsor him because he believes that females cannot sponsor their spouses. He also wants to know whether he can get an employment visa on compassionate grounds. Females can sponsor their spouses. The only thing is they should meet the requirements for such sponsorship which are mentioned elsewhere in this article. Moreover, Mahendra should also know that he cannot get an employment visa on compassionate grounds. He can get it only by finding am employer who is prepared to give him a job and an employment visa. Back to top Alessandro Brugnoli's wife is currently working as IT manger in a five-star hotel. He wants to know whether she can sponsor him and whether he can work while on her sponsorship. He also wants to know if he is entitled for full cover in case of illness. According to article 28 of the ministerial decree for law no. 6/1973, the Department of Immigration has the authority to permit female foreign workers who are specialists in medical, engineering or teaching profession to sponsor their family. If Alessandro's wife holds an engineering degree in the IT field she can sponsor her husband. He can work while on wife's sponsorship if he gets permission from the Ministry of Labour and he can get full medical cover if he has insurance. Back to top Karmil, a Mauritian national who is working as an auditor in Abu Dhabi, wants to know whether auditors fall under the transferable category. He also wants to know the fee and the procedure for sponsorship transfer. Auditors are in the exempted category and Karmil can transfer his sponsorship. As regards the cost and procedure for such transfer the details are given below: The fee for the application of an internal work permit which is the sponsorship transfer is Dhs200. Another Dhs1,500 has to be paid by the employer when he obtains the approval for the sponsorship transfer. This fee also covers the three-year valid labour card of the employee. Companies applying for sponsorship transfer will have to file their applications on work permit forms under a new system adopted by the Ministry of Labour and Social Affairs to simplify various labour transactions procedures. The sponsorship transfer application form which is being used at present will be cancelled and replaced by the single work permit application form which will serve as an application form for three different transactions: application for a foreign recruitment permit (employment visa), application for a work permit within the country (sponsorship transfer) and application form for dependents' work permits (unmarried girls on fathers' visas or women on their spouses' sponsorship). Companies would have to specify the type of transaction on the form by just ticking the relevant box. The use of this form will deprive companies of the present privilege they enjoy which entitles them to extend up to six months the legal grace period of 60 days granted by the ministry from the date of issuing its preliminary approval for the application for sponsorship transfer. At present, applicants have 60 days for renewal after receiving the ministry's preliminary approval for the sponsorship transfer, to cancel the old visa and labour card of the employee and to issue him or her a new labour card among other required measures. This period is currently extendable. Companies can renew the period twice by paying Dhs500 every time stretching out the total period to a maximum of six months from the date of obtaining the approval. Under the new system the six months' grace period facility given to applicants of sponsorship transfer will be reduced to 60 days only, at the expiry of which the preliminary approval will be automatically cancelled and the company will have to re-apply all over again. The new sponsor has to furnish the cancellation form of the employee's old labour card signed by his old sponsor along with the original passport of the employee as a proof that the old sponsor approves of releasing his employee. Back to top Parmila wants to know whether her fiancé coming from the US can stop over in Dubai for a short visit. She also wants to know whether her father working in Dubai can sponsor him for the visit. Employees who meet the requirements can sponsor their close relatives for visiting the country. Therefore it would be better if Parmila can arrange a sponsor who can provide transit visa to her fiancé. Back to top Can a father sponsor his daughter who is a divorcee? Can he also sponsor his grand children? Arva, whose family is based here for a long time, has asked this question on behalf of his sister who has to change her current sponsorship. As per the UAE's immigration rules, a father can sponsor his unmarried daughter. A father cannot, however, sponsor his grand children. Arva's father can, nevertheless approach the director of immigration who can consider his case on humanitarian grounds. Back to top Vineet Kumar says he earns Dhs4150 per month. He wants to know whether his salary is enough to sponsor his parents for a visit. Expatriate employees should have minimum salary of Dhs 5500 per month for sponsoring parents. Vineet can however approach the immigration department which can issue visa on humanitarian grounds. Back to top Can an individual sponsor a friend for employment in the UAE? Santhanalakshmi from India wants an answer to this question because she believes that her friend who is working in the UAE for four years can sponsor her for a job here. An individual cannot sponsor a friend or relative for employment in the UAE. Santhanalakmi can work here only if she finds an employer who will provide her the sponsorship. Back to top Rubina wants to know what documents needed for sponsoring wife and children. The documents required for sponsoring wife and children are: (1) Marriage certificate (2) Birth Certificate (3) Employment contract stating minimum salary of Dhs4,000 or Dhs3,500 with company accommodation. The above documents along with the application should be submitted to the Department of Immigration. Back to top Mohamed, an Indian having a residence visa of the UAE, is jobless for two years because his sponsor doesn't have any work for him. He is a postgraduate holding Master's degree in commerce and he wants to know what action could be taken against this company. Mohamed can register a complaint with the Ministry of Labour and Social Affairs. The ministry can give him temporary permission to work or cancel his visa so that he can return on a new visa from a new employer. Back to top Jazeela is working as a clerk in Sharjah and her husband is working as pipe fitter in Dubai and their combined salary is Dhs 4,000 per month. Jazeela is expecting and she wants to know whether her husband can sponsor her baby. The minimum salary requirement for sponsoring the family is Dhs 3500 per month with company paid accommodation or Dhs 4000 without accommodation. Combined salary is not considered for this minimum salary requirement and therefore Jazeela's husband cannot sponsor the baby as per the law. Back to Top Bhuphin Singh is working as a computer engineer in Dubai for almost 3 years. He has a better job offer and therefore he wants to know whether he needs the approval of the employer to transfer his sponsorship. The approval of the sponsor is mandatory for sponsorship transfer. Bhupin should obtain the approval letter from sponsor although he is in the exempted category and has completed more than the minimum two years service with the sponsor. Back to Top Vinod who is working as a graphic arts draftsman in a Canadian company in Dubai got a better job. He wants to know whether he can transfer his sponsorship to the new company. Many other readers including Hamid and Haris from Sharjah and J. Goveas from Dubai also wants to know whether they can transfer the sponsorship. Sponsorship transfer is the topic on which most expatriates want clarifications. Therefore, we repeat below the rules regarding the same. The Ministry of Labour and Social Affairs has expanded the list of employees entitled to transfer their sponsorship. The new categories which were not included in the order but were found to be of use to the country are taxi drivers, drivers of heavy vehicles, media persons including journalists, photographers, sub-editors, television and radio presenters, representatives of foreign news agencies in addition to first class cooks in five star hotels as well as those working in rare professions irrespective of their educational qualifications. Under the Cabinet's order, only specific categories totalling eight are allowed at present to change their visas from one sponsor to another without having cancelled the visa and leave the country. They are engineers, doctors, pharmacists and nurses, higher colleges and university professors, experts and legal consultants, economists, administrative personnel holding high educational qualifications and finance personnel, computer systems programmes and analysts holding university degrees, specialists and technicians working in oil extraction and refining companies, gas companies and related industries, sports coaches in various sports and educational activities and finally specialists in the marine and air navigation as well as pilots and captains. It has classified the exempted categories listed in the Cabinet's order based on the uniform job classification directory of the GCC. Under the category of engineers, a large number of classifications are listed, and therefore allowed to change their visas, such as electrical engineers, mechanical engineers, civil engineers. The new list added the above mentioned categories of drivers, media persons and cooks, in addition to exempting chartered accountants and accounts who are holders of masters and doctorate degrees. Moreover, workers sponsored by companies that went bankrupt or which closed down and left its employees stranded in the country without money or job were previously allowed to change sponsorship as a temporary solution to their problem, but the order did not exempt them, neither did the explanatory manual. Instead, it was decided to use the bank guarantee to pay them off their pending dues and to send them back to their home countries. In case the company did not deposit any bank guarantee, these workers will be referred to the authorities authorised to deport them, which is the Ministry of Interior. Investor falling in any of the exempted categories have to change his visa status. Investors, owners of small businesses are not allowed to transfer their sponsorship. The sponsorship will be transferred provided that the employee with the new sponsor perform the same duties, must be holder of a valid visa, must have worked at least two years with the former sponsor, and must get the approval of the former sponsor for visa transfer, with the condition that no UAE or GCC nationals apply for vacant job, the circular said. The circular excluded the above-mentioned conditions for visa transfer in cases of transfer of the employee for another company owned by the same sponsor, the transfer of the employee for another branch in the same company or in case of the change of the company's or institute's ownership. Back to Top Can a woman who is living in the UAE for the last 22 years sponsor her mother for residence visa? Mrs Xavier informs that her mother who is 71 years old is living in India all by herself. She wants to know whether she can sponsor her mother because all her children live in the UAE. Expatriates are not allowed to sponsor their parents for residence in the UAE. Living in the country for a long time does not offer any privileges to them in terms of legal status. Mrs Xavier can therefore sponsor her mother only for visit. She can, however, make a special appeal to the director of the Department of Immigration who can issue the residence visa on humanitarian grounds. Back to Top Uvais from Dubai complains his friend's sponsor has absconded. He wants to know whether his friend whose visa has expired can get another job without leaving the country. According to ministerial decision no. 30 of 2001, workers in bankrupt companies or in companies closed down by administrative order can transfer their sponsorship to another company. If the sponsor in question has run away due to any of the above reasons, Uvai's friend can change the job without leaving the country. Back to Top John who is working in Abu Dhabi with a basic salary of Dh4,000 wants to sponsor his wife. He wants to know about the formalities involved. An expatriate employee who has a minimum monthly salary of Dh4,000 without accommodation or Dh3,000 with company paid accommodation can sponsor his family. John can, therefore apply to the immigration department with a copy of the endorsed employment contract and marriage certificate. Back to Top Parmila from Pakistan is planning to come to Dubai on her father's sponsorship. Can she work in Dubai while she is on her father's sponsorship? Parmila can take up employment in Dubai while she is on her father's sponsorship. She can do this once her employer obtains a work permit for her from the Ministry of Labour and Social Affairs. Back to Top Kalpana from India has an employment offer from the UAE. She wants to know whether she will be able to sponsor her husband and kids. According to article 28 of the ministerial decree for law number 6/1973, the Department of Immigration has the authority to permit female foreign workers who are specialists in medical, engineering or teaching profession to sponsor their family. The worker's minimum salary in this case should be Dh6,000 per month. If a female expat falls into this category, she can sponsor her husband and kids. Back to Top TA is working as an accountant in a company in Sharjah. The company's trade licence is not renewed since January 2001 and it is not functional. TA has offer from another company and wants know how he can change the job. According to the new rules only holders of higher degrees and others who are in the exempted category can transfer sponsorship. The validity of the trade licence is not part of the requirements for transfer. If TA is not in the exempted category, he should resign the present job, leave the country and come back on the new visa. Back to Top Ragini Huded, a computer programmer in Dubai currently on her husband's sponsorship, is thinking of changing her sponsorship. She wants to know whether she can sponsor her child if she is sponsored by the company. According to Article 28, clause 8 of ministerial decree number 6 for the year 1973 and Article 23 clause 4 , sub-clause 6, specialists ( male and female) holding university degrees and training in the field of medicine, engineering and teaching can sponsor their family. Ragini should check her qualifications and verify from the immigration department whether she falls in this category. Back to Top

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