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Question: I was permanently banned from the UAE after tuberculosis (TB) scars were detected in my lung during the visa health screening process. I am now fully clear. How do I go about lifting this ban? Can you explain the law around TB and how it affects the visa process?
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Answer: Pursuant to your queries, we assume that you are currently residing in your home country as you are permanently banned from entering the UAE due to detection of TB scars while you underwent medical fitness tests.
It should be noted that while applying for residence visa in the UAE, all matters related to the medical fitness tests fall under the jurisdiction of the Ministry of Health and Prevention (the ‘Health Ministry’).
Now that the said TB scars are no longer existing on your lungs, you may be able to lift the immigration ban imposed on you based on the provisions of Cabinet Resolution No. 5 of 2016 of UAE. The resolution had amended several provisions on the medical examinations system for availing work and residence visa in the UAE.
As you intend to come back to UAE, to lift the existing immigration ban on you, you may start with granting a power of attorney to your friend or relative in the UAE which is duly notarised and legalised by local authorities and attested by the UAE embassy in your home country.
It would be prudent on your part to undergo a medical examination in your home country for TB and obtain a medical fitness report from a government-approved medical centre.
Thereafter, notarise and legalise the medical fitness report, which states you have no TB-related scars or illness. Once the above is completed, you may send the attested medical fitness report and the power of attorney granted to your friend or relative who is residing in the UAE.
Finally, once your friend or relative receives the aforementioned documents, he or she needs to attest them at the Ministry of Foreign Affairs and International Cooperation in the UAE.
The documents may be submitted to the ministry’s medical fitness centre, where you had undergone medical fitness tests previously. Based on the documents submitted by you, the Ministry and the General Directorate of Residency and Foreigners' Affairs (the ‘GDRFA’) may lift the immigration ban on you.
You may request your friend or relative to contact the Ministry and GDRFA in the emirate where your residence visa was previously rejected due to TB scars for any further queries in this regard.
Further, you may also contact a legal practitioner in the UAE if you intend to seek professional legal assistance. On the other hand, if you intend to come to UAE on employment visa, your prospective employer may guide and provide you necessary assistance.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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