A brief note on UAE’s amnesty program for overstayers

I have used the term "overstayers" to include both workers who have overstayed their visas for various reasons and visit visa travellers who have also overstayed for various reasons. I hope that the amnesty covers both of these groups. The common definition of illegal status is when a person does not have a valid residency visa, is living on an expired residency visa, or is living and working in the country on an overstayed visa. Needless to say, a good number of travellers on visit visas are also job seekers who are either traveling on a friend’s advice, a subagent’s advice, or an employer’s advice. Because the visit visa has other motives, travellers seeking employment through this pathway could fall into human trafficking schemes operated in the recruitment industry. In the Middle East, the general practice is that if a person is found to have violated visa laws, they must pay the stipulated fine and leave the country. However, if a worker is found to have overstayed their visa and has been absconding, they could be imprisoned and asked to pay the stipulated fine before being expelled from the country. Oftentimes, they will no longer be eligible to return to that country ever again. UAE's new amnesty offer Starting in September 2024, a new amnesty program will allow workers who have overstayed their visas to either rectify their employment status, obtain a new residency card, or leave the country without paying any fines to the authorities. Additionally, the program will not blacklist overstayers who intend to travel to the UAE for future jobs. The amnesty period will be open for two months allowing all overstaying residents of the UAE to make use of the opportunity as the worker/overstayer is not required to pay a fine, an exit fee, or be imprisoned. The amnesty will have no travel ban levied on the overstayer. A two-month grace period is offered to visa violators to act on the amnesty offer. This period will enable the worker to clear any employment concerns with his/her employer before taking the amnesty offer. During these two months, there is every possibility of obtaining a residency renewal process to enter the country again. Amnesty-seekers who wish to return to the country are advised to secure a residency visa or an offer letter from a UAE company before flying out. It is stated that once an overstayer can regularise his/her visa status, it is advisable to obtain a residency permit before leaving the country. This could make their return process smoother. Authorities have opened typing centers across the country to take in applications and facilitate the process for repatriation as part of this amnesty scheme. UAE authorities have advised residents not to be trapped by fake operators, operating through websites and other online facilities who will charge a fee for processing and documentation. These scammers will not be recognised by the system. The facilitation process will be carried out only in the designated typing centers. This information was obtained from the Federal Authority for Identity, Citizenship, Customs & Port Security (ICP) When the amnesty is over It is expected that the UAE government will impose strict regulations and guidelines to minimise irregular travel and overstaying. The fines to employers and workers are likely to be implemented. It is therefore advisable that authorities in the origin countries, the recruitment industry, and the CSO movements take note of these changes and announce them through their communication channels to ensure workers' rights and privileges are not compromised. The right to information is a right of the citizen. It is therefore important that governments openly and honestly release such information in the interest of their citizens to avoid irregular travel and to be protected from recruitment scammers and human traffickers. Here are some regulations that will be strictly enforced after the amnesty period. Enhanced monitoring and reporting – advanced monitoring systems to carefully track visa statuses and residency compliance. Increased fines and penalties – fines for violating overstaying and illegal employment outside the residency regulations. Streamline deportation – efficiently expedited to avoid delays if found to be overstaying or breaching residency regulations. Expat workers and residents are required to regularly check their visa and residency permit status well before expiry to avoid fines and deportation. Workers are also required to comply with UAE’s employment laws verifying that work is carried out under the permit guidelines and issuance of visas. Workers/residents are required to follow local laws of the country and avoid deportation for any aggressive or inappropriate behaviour. Workers and residents have access to legal services and advice if they are unclear about their visa, residence, and employment status. It must be stated that workers and residents have access to consulates and embassies in the UAE for further clarification and counsel. Such services must openly be made available to expats. Andrew Samuel Community Development Services Colombo, Sri Lanka

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