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UAE jobs: Is it legal to work while on a visit visa?

KT reader asks if he can work in the country before getting his work permit/visa application done

Question: I am in the UAE on a visit visa. I was recently offered a job by a mainland company. My boss has asked if I would be willing to start working as the company gets the work permit/visa application done. Am I allowed to work after accepting a job offer but before my permit/visa is processed?

Answer: In the UAE, an employer may not recruit an individual without a valid work permit under Article 6(1) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which states: “No work may be performed in the UAE, and no employee may be recruited or employed by any employer without obtaining the work permit from the Ministry, in accordance with the provisions of this Decree-Law and its Executive Regulations.”

Furthermore, an expatriate may not be engaged in any employment in the UAE without a valid work permit and a valid UAE residency visa. This is in line with Article 5(4) of the Federal Decree Law No. 29 of 2021 regarding entry and residence of foreigners, which states “An alien (anyone who does not have the nationality of the State) is obligated not to engage in any activity or work except in accordance with the legislation in force in the State.”

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Based on the type of work, an employer and an employee may mutually agree to obtain a work permit as stipulated by the Ministry of Human Resources & Emiratisation (MoHRE). The types of work permits may include but are not limited to full-time work permits, part-time work permits, temporary work permits, and freelance work permits as mentioned in Article 6 of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the regulation of employment relations.

If an employer recruits an individual without a valid work permit and UAE residency visa, the penalty may be Dh100,000. This is under Article 1 of Federal Decree Law No. 9 of 2024 revising some provisions of Federal Decree Law No. 33 of 2021 concerning employment relations, which is related to amendment of Article 60(1)(a) of the Employment Law.

The said law reads as: “Individuals who commit the following violations shall be fined a minimum of Dh100,000 (one hundred thousand dirhams) and a maximum of Dh1,000,000 (one million dirhams):

Based on the aforementioned provisions of law, you should not work while you are on a visit visa in the UAE. Instead, you may request that your new employer obtain a work permit and UAE residency visa sponsored by it.

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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