everything you need to know about the deportation in uae
25-Nov-2024

Legal Overview on Deportation in UAE

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A developed nation like UAE deals stringently with issues like crimes, harassment, assault, violence, and also deportation policies. First, you need to be aware of the deportation process in UAE and the rules of deportation if you plan to visit the UAE or apply for a legal UAE Visa or citizenship there.

Deportation in UAE

There are dual categories of deportation to choose from- Legal and Administrative. The kind of exile issued by a court order is Legal Deportation, while removal issued by Citizenship authority is Administrative deportation. 

Legal Deportation:

Legal deportation is issued under a court order against an international resident sentenced to a felony by custodial punishment. The court may issue orders against the criminal for expulsion or as an alternative to the custodial penalty. According to the UAE criminal code Article 121, legal deportation is mandated in cases related to sexual assault.  

Administrative Deportation:

The Federal Identity and Citizenship Authority issues the administrative deportation to a foreign immigrant against an International resident for the sake of public interest, security, or morals violation of either of the criteria; This type can be removed by applying to the General Directorate of Residency and Foreigner's Affairs in the related stream.

The grace period to settle disputes for Foreign Nationals related to the same 

Suppose a foreign resident against a deportation case is filed and has unsettled interests in the country that needs attention. In that case, he shall be given a grace period after the consecutive bail. Federal Authority for Identity and Citizenship shall define the grace period allowed, which shall not exceed three months. 

Reasons for the Deportation from the UAE

Here, listed grounds for the deportation from the UAE are briefly stated :

  • If an immigrant from a foreign country does not have a proper visa or is overstaying in the country. 
  • If an alien immigrant poses a threat to the country, they are permanently deported from the UAE
  • If a global immigrant has committed a serious felony – sexual assault, drugs, fraud, and evil activities, then they will be deported from UAE

Procedure for the Deportation

There are dual categories of deportation to choose from- Legal and Administrative. The kind of removal issued by the court order is Legal Deportation, while deportation issued by Citizenship authority is Administrative deportation. The judicial expulsion is released under a court order against a foreigner sentenced for a felony by custodial punishment. ( Article 121 of Law NO.3 of 1987). The Federal Identity and Citizenship Authority issue administrative deportation for violating public morals, interests, and security. ( Law No. 6 of 1973 on entry and residency of foreigners) 

How to Remove Deportation in UAE?

The United Arab Emirates ( UAE) is a country that firmly abides by law and order, and the provision of the regulations monitors every aspect of the country's constitution and rule. Proper knowledge of the law code and conduct of the country can help the residents to comply with the government and adequately manage matters. If the order for deportation and lifetime ban was imposed through judicial proceedings, no further steps could be taken. It shall continue to apply to the resident deported unless the UAE government revokes it. 

However, suppose the foreign resident faced a ban after deportation as per the orders of the government agency of the UAE. In that case, the resident may still be in a position to represent against the law and make subsequent attempts to lift the ban. However, revocation of the prohibition shall be at the discretion of the Government agency related. An Immigration UAE ban is imposed on residents who have done something against the law of the Government of UAE. This kind of ban means that the person will not have entry to the country and no residency visa for the individual.

  • According to Article 28 of Law No.6 of 1973, a foreign resident against who a strict order for legal deportation prevails may apply to the public prosecution to combat the deportation order. The respective individual may state the valid reasons for his application and attach the supporting documents. The demand for public prosecution is transferred to a separate committee to take a step in lifting the deportation order. In Dubai, you can apply for a federal trial from the website to boost judicial deportation. 
  • According to the Ministerial Order No. 13 of 1991, the law specifies a certain number of persons to transfer their sponsorships without confronting the regular labour ban during which their new labour cards are not processed.

It is strongly advised to take the help of a legal practitioner in the UAE, who can assist the deported individual with the proper legal guidelines and policies on the unique nature of your case.

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