Kinds of Ban in the UAE

A ban is basically when you are prohibited to do something because you have violated some rules in a specific place. In the UAE, you can also be banned on a visa—or rather you are issued a ban if 1) you are not allowed to work or 2) live in a particular place.

Let’s zoom in to the UAE, where there are two main kinds of ban: Immigration or Residence ban and Labor ban. You can be banned from the UAE for a particular time or permanently depending on the violations you have committed while staying or working there.

PLEASE READ: 15 Things to Know about Working and Living in the UAE

In a nutshell, you, the employee can be issued a ban in the UAE if you do not properly observe the terms and conditions implemented and imposed by your employment contract.

Let’s discuss two main kinds of ban on visa:

  • Immigration or Residence ban
  • Labor ban
types of ban in uae
Types of Ban in UAE – Image: GDRFA

Immigration or Residence Ban

The immigration ban means that you cannot enter the territory of UAE or you don’t have the right to live there.

This ban is issued by the Department of Naturalization and Immigration in UAE, which is part of the Ministry of Interior.

A Permanent Residency Ban can also be imposed to whoever commits serious illegal offenses.

The immigration or residence ban is a result of criminal offenses such as the following:

  • bad checks or debts filed against you;
  • drunk driving, theft, and other petty crimes;
  • inappropriate relationship;
  • illegal drinking;
  • entering the UAE territory using illegal means;
  • violation of government rules and regulations; and/or
  • leaving work and taking an absence without leave for a long time.

Labor Ban

Labor ban, on the other hand, is when you cannot work in another company in the UAE for 6 months to one year, depending on the violation of the provision you have committed as an employee. This ban is issued by the Ministry of Human Resources and Emiratization (MoHRE)

There are two types of labor ban:

  • 6 Month Labor Ban
  • One Year Labor Ban

6 Month Labor Ban

The 6 Month Labor Ban is imposed when you leave without proper or appropriate reason.

Every employee is automatically banned by the Ministry of Labor for six months. However they can be exempted if:

  • their status is either Freezone or Government; or
  • their qualification is above High School Diploma with a salary of
    • AED 5000 for High School;
    • AED 7000 for Diploma holders;
    • AED 12000 for Bachelor’s degree holders.

On the other hand, you don’t have any restriction on tourist visa in UAE if you have are issued a 6 month labor ban.

The 6 month ban is rooted from the previous law in UAE where employers can prevent their employees to change or switch jobs for six months by implementing the 6 month ban. This rule would prevent the employee from changing his/her visa for the first 6 months.

However, the UAE Cabinet Resolution No 25 of 2010 removed this ban given that the employee would work for his employee/employer for two consecutive years.

Moreover, the Ministry of Labor reconsidered educational certificates and employees who have been working for more than six months. This means that these employees cannot face labor ban charges.

However, this would not apply to free zones in the UAE.

One Year Ban

One Year Ban, on the other hand, is to be imposed against you, the employee if you have not completed the required limited labor contract.

This results in not being able to step foot on the UAE soil if you will be issued with this one year labor ban.

You will be filed a one year ban if:

  • you leave a government job.
  • you break terms and conditions of your labour contract; and/or
  • you lose a case in the court against your employer.

Labor Ban: Limited Term Contract

  First 6 months of employment After 6 months of employment After Renewal of Initial Fixed Term
With Education Certificate Limited risk of labor ban if:
1. the employer consents to
resignation; or
2. employer terminates
without cause.
Risk of ban if employer does not consent to employee resignation, unless if resignation is effective as of the end of a limited term contract Generally no labor ban, but risk of ban if the employee breaches the Labor Law or contract, such as not giving and honoring the required notice period.
No Education Certificate Risk of ban if,
1. Before end of limited term
contract; or
2. Employer does not consent
during the limited term.

 

Labor Ban: Unlimited Contract

  First 6 months of employment After 6 months of employment
With Education Certificate Risk of labor ban, unless:
1. Mutual agreement of the parties;
2. The employer has failed to meet its legal or contractual
obligations, including, without limitation, the duty to pay the
wages for over 60 days; or
3. The employer winds up its business; or
4. Court ruling in favor of the employee.
Generally no labor ban, but risk of ban if the employee breaches the Labor Law or contract, such as not giving and honoring the required notice period

 

Frequently Asked Questions:

1. How can I avoid getting a UAE visa ban?

Always know and be aware of the latest labor and employment rules about visa, labor contracts, and UAE labor laws.

Moreover, you should also know that your employer has implemented the extension of your employment contract through the Ministry of Labor before it expires.

2. How do you lift a labor or immigration ban in UAE?

If you are a professional worker in UAE, you can easily lift the ban imposed upon you. This will depend on your position or your salary which should be higher than:

  • AED 5,000 for high school diploma
  • AED 7,000 for post-secondary diploma
  • AED 12,000 for bachelor degrees

3. Under which situations do the Labor Ban does not apply?

You will not be imposed a labor ban if you are working:

  • in an oil company
  • in a semi/government organization
  • as a UAE National
  • if you are changing jobs in within the same Free Zone
  • if you have completed your contract term under the limited contract.
  • if you have completed 3 years of service the under unlimited contract.

4. What is the difference between an Immigration Ban and a Labor Ban?

  Immigration Ban Labor Ban
Who regulates this? Immigration and Naturalization Department, Ministry of Interior Ministry of Emiratization and Human Resources (former Ministry of Labor)
When is this ban imposed? Employer must submit a formal complaint that the employee either:
1. committed a crime; or
2. seriously damaged the employer.
See tables related to Limited Contract and Unlimited Contract above.
What is the scope of ban? Prevents the person from entering or staying in the country. An immigration ban is typically followed by an order to leave the UAE or Deportation. Prevents the person from applying for a new work visa, but not from entering or residing in the country. A labor ban does not prevent a person from visiting the UAE by way of a valid visit visa
How long is this ban? One year (generally), but may be as short of six months or may be a lifetime ban depending from case to case This is applied for six months generally.
Where is this applicable? The territory of the UAE, without exception. The territory of the UAE outside the free zones. Although some free zones maintain separate labor ban systems, a labor ban may stop an employee from being issued a work visa in a free zone, or to work for a government entity
Can you lift the ban? Immigration ban can not be lifted although may be removed on an exceptional basis. Can be lifted withh:
1. a court order;
2. the issuance of a Non-Objection Certificate (NOC) from the former employer; and
3. in some cases, the payment of a fine.

 

 

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