The number of domestic workers allowed to be sponsored depends on the financial solvency of the sponsor
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Question: I have a UAE Golden Visa. Can you clarify this new aspect about Golden Visa holders being able to sponsor unlimited support staff? What does it mean? Also, when I sponsor these domestic staff, will their visa be issued for 10 years as well?
Response: Pursuant to your queries, the provisions of Cabinet Resolution No. 65 of 2022 Issued Related to Executive Regulations for Federal Decree Law No. 29 of 2021 regarding the Entry and Residence of Foreigners and the Organization of Golden Residency Permits (the 'Cabinet Resolution No. 65 of 2022 related to Golden Residency Permits), Federal Law No. 10 of 2017 on Domestic Workers (the ‘Existing Domestic Workers Law’) and Federal Decree Law No. 9 of 2022 Concerning Domestic Workers (the ‘New Domestic Workers Law’) are applicable.
In the UAE, a Golden Visa residency holder may sponsor domestic workers. The number of domestic workers allowed to be sponsored depends on the financial solvency of the sponsor. This is in accordance with Article 3(2) of the Annexure attached to the Cabinet Resolution No. 65 of 2022 related to Golden Residency Permits. Further, Article 3 (1) of the Annexure attached to the Cabinet Resolution No. 65 of 2022 related to Golden Residency Permits mentions that the immediate family members of the Golden Visa residency holder such as spouse, parents and children are eligible for same period of residency visa as granted to the original holder. But the said law is silent related to period of residency visa issued to domestic workers.
The New Domestic Workers Law published in official gazette on September 5, 2022, will come into effect from December 5, 2022. The Existing Domestic Workers Law and New Domestic Workers Law are silent on unlimited term of employment contract. However, the employment contract is valid for two years and it may be renewed for similar period or mutually as agreed. This is in accordance with Article 7 of the Existing Domestic Workers Law, which states, “………In all cases case, the first period of the contract shall not exceed two years and may be renewed for additional periods by mutual agreement” and in accordance with Article 7(3) of the New Domestic Workers Law, which states, “The duration of a limited employment contract is two years and may be renewed for a similar period. A contract may be extended under the same conditions if both parties continue to apply the contract after the expiration of its initial term it should be understood that the original contract has been extended, under the same conditions including the duration of the contract. Upon mutual agreement of the parties to the employment contract, the contract may be terminated prior to its expiration date.”
For detailed clarification, you may contact the Ministry of Human Resources and Emiratisation and the General Directorate of Residency and Foreign Affairs – Dubai or Federal Authority for Identity, Citizenship, Customs and Port Security (ICP).
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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.