Introduction
Expatriates working inside the United Arab Emirates should be familiar with their rights and UAE passport law. Any private organization or company withholds the passport of its employee. Then the company is directly violating passport law in UAE. According to the labor law in UAE no employer has the right to seize an employee's passport. The passport granted to the citizen in their native country can not be taken away by the employer or hirer in UAE. Passport is the national property of the government who granted it to the holder.
In most of the cases, it is specifically written in the passport that-
"It is the property of government".
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UAE Passport Law
- The passport has to be in the possession of the user or the person who owns the authority or to the person the passport is issued. It is the personal document of the holder.
- You may have to hand up your national passport in case you are applying for a visa or work permit. And it has to be submitted to authorized individuals for processing and obtaining visas.
- Submission of passport to the illegal or unauthorized individual must be avoided including your employer.
- According to MOHRE confiscating a passport also restricts the freedom of the movement of the employee. This means the employer is forcing employees to work. And it is also a violation of rights defined by the International Labor Organization.
- Official parties like police in UAE. Or other judicial parties in UAE can seize anyone's passport. The UAE government authorities can seize expatriate or visitor passports in case of violation of law by the individual.
- Domestic workers' passports inside UAE cannot be seized by their hirer, according to the passport-keeping law in UAE.
- Anyone detaining the passport of foreign nationals in the UAE will be considered a violator as it is illegal.
Fine and Penalties
The employer, hirer, or company who have violated the UAE passport law is subjected to find and heavy penalties. The confiscating of a passport forcefully can result in a fine between AED 5,00 to AED 20, 000. Companies have to pay the fine of AED 20,000 for seizing their employee passport under any condition. Prison or jail sentences of up to three years can also be carried on the repetitive violation.
Can you take your passport again from your employer?
No, you can directly communicate with your employer. The passport can only be taken by the employer during the visa process. In most cases, employers apply for a residency visa in UAE. The passport must have to be submitted for residency visa application. Employers also sponsor the employee work permit for which a passport is required. The employer may also ask for your passport for work permit renewal, cancelation, or residency visa renewal. Besides these conditions, a passport can't be taken or seized.
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Filing Complaint
After asking for a passport, if your employer does not give the passport back. This complaint can be filed for passport confiscation via MOHRE (Ministry of Human Resources and Emiratisation). To complain you can call or dial 800665. Or one can also file an online complaint against an employer via the MOHRE website. Other ways to file passport confiscating case is via police station or court case. A filing court case can take long therefore first you should try to communicate and tell your problem to your employer properly.
UAE visa
Traveling to UAE is now easy you can get a UAE visa on Emirates Transit Visa. You can get a different type of tourist visa or transit visa via Emirates Transit Visa. According to the UAE passport rule for travelers and tourists its (passport) validity must not be less than six months.
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Conclusion
So according to the UAE passport law, no legal right is given to any individual except government authorities to take your passport. After completing the visa stamping process or renewal process. Passport must be returned or you can file a complaint via MOHRE if the employer refuses to return it.
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