The procedure for canceling a work permit involves submitting an application through the channels designated by the Ministry.
Question: If I obtain the Golden Visa through property investment in Dubai while working for a mainland Dubai-based company, what happens to my employment visa?
Answer: Given your current employment situation, the relevant legal framework includes Federal Decree Law No. 33 of 2021, Cabinet Resolution No. 1 of 2022, and Administrative Resolution No. 38 of 2022. These regulations address various aspects of employment relations, including work permits, offer letters, and employment contracts.
In the UAE, individuals holding a golden residency visa are permitted to engage in employment activities. This is outlined in Article 7 of the Employment Law, in conjunction with Article 6(1)(j) of Cabinet Resolution No. 1 of 2022. According to this resolution, the type of work permit issued to Golden Visa holders is specifically designated for individuals employed by establishments registered with the Ministry who seek to hire employees with golden residency visas.
Before obtaining a golden residency visa, an employee should notify the employer of the change in their UAE residency visa. Subsequently, the employer must cancel the existing work permit and UAE residency visa of the employee. This process is outlined in Article 7(3) of the Cabinet Resolution No. 1 of 2022, which stipulates the following procedures for canceling work permits:
a. Submitting an application for canceling the work permit through the specified channels by the Ministry.
b. Completing the required data and attaching documents.
c. Settling any fines for delays in issuing the work permit or for failure to renew it, if applicable.
d. Confirming by the establishment that the worker has received all entitled benefits.
e. Adhering to any additional conditions determined by resolution of the Minister or their delegate.
According to the aforementioned legal provision, once the work permit of a prospective UAE golden residency visa holder employee is canceled, they may proceed to sign a new employment contract with either their existing employer or a prospective one. This process aligns with the provisions outlined in Administrative Resolution No. 38 of 2022.
The requirements for obtaining a work permit through the Ministry of Human Resources and Emiratisation (MoHRE) for a UAE golden residency visa holder, as per Administrative Resolution No. 38 of 2022, include:
- Clear colored photo with a white background.
- A copy of a valid passport, which must have a minimum validity of six months, along with a copy of a valid residency (golden) Visa.
- An approved employment contract issued by the Ministry, signed by both the employer and the employee.
- Academic Certificates:
- For Skill levels (1 & 2): Bachelor's Degree or higher, attested by the competent authorities.
- For Skill levels (3 & 4): Diploma graduate or higher, attested by the competent authorities.
- For Skill level (5): High school certificate, attested by the competent authorities.
State issued certificates are excluded
- Professional license issued by the competent authority, for example, doctor, nurse, etc (professional license issued by the Ministry of Health - Department of Health)/Teacher, teacher assistant (Ministry of Education- Knowledge Authority (Dubai) - Abu Dhabi Education Council - Sharjah Education Council), Fitness Trainer (Youth and Sports Authority)/Advocate (Ministry of Justice).”
Hence, upon acquiring a golden visa residency, you have the option to request your employer to initiate the process for a new work permit. For additional clarification on this process, you can reach out to the Ministry of Human Resources and Emiratisation (MoHRE).
News Source: Khaleej Times
