Living and working in the UAE offers many opportunities, but navigating unfamiliar legal requirements can present challenges. One area that often causes confusion for both employers and employees is the concept of “absconding.”
Absconding in the UAE is a serious matter with significant consequences for both employers and employees. It occurs when an employee leaves their job without notifying the employer or securing the required permissions. In the UAE, this can lead to legal action, fines, and possible deportation for the employee.
For employers, absconding can disrupt business operations, cause financial losses, and make it difficult to find a suitable replacement.
Both employers and employees should understand the implications of absconding and follow proper procedures to prevent negative outcomes.
What is Absconding in the UAE?
In the UAE, absconding refers to an employee leaving their job without notice for more than 7 consecutive days, or to a visitor overstaying their visa. Employers or sponsors must then report the individual to the Ministry of Human Resources and Emiratisation (MOHRE) or GDRFA. Consequences may include fines, deportation, a travel ban of 1 to 10 years, and cancellation of work permits.
This is in accordance with Article 28(1) of Cabinet Resolution No. 1 of 2022. The following are common situations that may be classified as absconding in the UAE:
- Leaving a Job Without Notice: Employees who resign without providing the required notice as specified in their contract may be considered to have absconded.
- Overstaying a Visa: Remaining in the UAE after a visa has expired, without renewal or departure, may be treated as absconding.
- Working for Another Employer: Employees under sponsorship must not work for another company without cancelling their current work permit and labour contract. Otherwise, this may be considered absconding.
- Fleeing Sponsorship: If a sponsored employee leaves without notifying their sponsor, this can result in an absconding case.
Absconding in the UAE for Visitors (Visit Visa)
Absconding refers to overstaying your visa and failing to leave the UAE within the allowed period, including any grace period. Even a short overstay may result in fines and other complications.
Holders of residence visas, as well as those with visit visas, may be reported as absconding if they violate visa conditions, such as failing to renew their visa or failing to exit the country when required.
Key Aspects of Absconding in the UAE:
- Overstaying a Visit Visa: If your visit visa expires and you do not leave the UAE within the grace period, you may be considered an absconder.
- Not Leaving After Visa Cancellation: If your residence visa is cancelled and you do not leave within the required timeframe, this may be considered absconding. Unlike employment absconding, there is no minimum period of absence. Any unauthorised overstay may be treated as an act of absconding. It is important to resolve the issue before departure to avoid long-term complications.
Legal Framework Governing Absconding in the UAE
The legal framework governing absconding in the UAE is established by two main sources:
Federal Law No. 8 of 1980 (UAE Labour Law)
This law establishes the basis for employer-employee relations in the UAE. Although it does not specifically mention “absconding,” it details employee obligations and the consequences of breaching a contract.
Ministerial Resolution No. (721) of 2006
This resolution offers specific guidance on absconding in employment. It defines absconding and sets out the procedures employers must follow to report an absconding employee to the Ministry of Human Resources and Emiratisation (MOHRE).
Separate regulations address visa overstays for visitors and residents, which are typically managed by the General Directorate of Residency and Foreigners Affairs (GDRFA).
Types of Legal Consequences of Absconding in the UAE
Absconding in the UAE carries serious consequences for employees, employers, and visitors holding residence visas.
1. Employees Absconding
- Deportation: Employees labelled as absconders are deported from the UAE at their own expense.
- Travel Ban: Authorities may impose a travel ban, preventing re-entry to the UAE or other GCC countries for a set period or permanently.
- Blacklisting: Absconding records may be flagged in immigration systems, making it difficult or impossible to obtain future visas for the UAE or other countries.
- Financial Penalties: Employees may be required to pay fines or compensate employers for damages resulting from their absence.
- Difficulty Finding Employment: An absconding record can significantly limit future job opportunities in the UAE due to strict labour laws.
2. Employers Absconding
- Administrative Burden: Employers must follow formal procedures to report absconding, which may result in delays or complications.
- Potential Legal Issues: Employers found responsible for an employee’s absconding, for example, due to unfair labour practices, may face legal consequences.
- Reputational Damage: Frequent absconding cases can harm an employer’s reputation and hinder recruitment efforts.
3. Visitors Absconding
- Fines: Authorities impose daily fines for visa overstays.
- Deportation: Visitors who abscond are deported at their own expense.
- Travel Ban: A travel ban may be imposed, restricting future travel to the UAE and other GCC countries.
- Difficulty Renewing Residence Visa: An absconding record can complicate the renewal process for a UAE residence visa.
- Blacklisting: Absconding records may be flagged in immigration systems, making it difficult to obtain future visas for the UAE or other countries.
Common Reasons for Absconding
Employees or visitors in the UAE may abscond for various reasons, though this action has serious consequences.
- Employees may abscond due to unfair treatment, low wages, unsafe conditions, or excessive workloads.
- Unresolved disputes over salaries, benefits, or contractual obligations can also prompt employees to abscond.
- Visitors may abscond after unintentionally overstaying, often due to missed visa renewal deadlines.
- Visitors who lose their jobs before their visas expire may abscond due to fear of deportation or inability to renew their visas.
- A lack of funds before visa expiry may lead visitors to abscond to avoid overstay fines.
How to Resolve an Absconding Case
Resolving an absconding case in the UAE depends on whether the report was filed by an employer for an employment visa or by a travel agent or sponsor for a visit visa.
1. Verify Your Status
Before proceeding, verify the details of the absconding report.
- For employment visas, check your status on the MOHRE website or mobile app using your passport number or Labour Card ID.
- For visit visas, use the GDRFA Smart Portal for Dubai or ICP Smart Services for other Emirates to check for active travel bans or circulars.
2. Resolution for Employment Visa Holders
If you have an absconding report under a work permit, you have three main options:
Option A: Amicable Settlement (Withdrawal by Employer)
The quickest resolution is for your employer to voluntarily withdraw the report.
- Process: The employer must log in to the MOHRE portal or visit a Tasheel centre to submit a withdrawal request.
- Requirements: A formal withdrawal letter and payment of a fee, typically between AED 2,000 and 5,000, plus administrative costs.
- Result: Once the report is withdrawn, the work ban is lifted, and you may proceed with visa cancellation or transfer.
Option B: Proving a “False” or “Malicious” Report
If the report was filed while you were working, on approved leave, or involved in a labour dispute, you may challenge it.
- Step 1: File a grievance or labour complaint through MOHRE’s Twa-fouq centres.
- Step 2: Provide evidence, such as attendance records, medical reports, or communications (e.g., emails or WhatsApp messages), showing that you were in contact with your employer.
- Consequence for Employer: If the report is found to be false, the employer faces a fine of AED 5,000 and may be blacklisted by the ministry.
Option C: Voluntary Reporting for Deportation
If you cannot settle or succeed in a grievance, you may report to immigration authorities, such as Aweer Immigration in Dubai, to request a safe exit. This will likely result in deportation and a permanent or temporary travel ban, but you will avoid further detention.
3. Resolution for Visit Visa Holders
Absconding on a visit visa typically results from overstaying or violating visa terms.
- Contact the Sponsor: If a travel agency sponsored your visa, they may have filed the report to avoid fines. Negotiate with the sponsor to pay any outstanding overstay fees so they can withdraw the report through GDRFA or Amer centres.
- Amnesty Programs: The UAE occasionally announces amnesty periods, such as in late 2024, allowing violators to leave without fines or bans. Check current ICP updates for active programs.
4. Final Legal Clearance
After the report is withdrawn or settled:
- Settle Fines: Pay all accumulated overstay fines, which are approximately AED 50 per day.
- Obtain Clearance: Request an official Clearance Certificate or Withdrawal Approval to ensure your name is removed from the blacklist.
This guide outlines how to resolve absconding cases in the UAE by withdrawing reports, proving false accusations, or seeking voluntary deportation.
Amnesty Programs
Amnesty programs enable individuals who have overstayed their visas to leave the country without fines or penalties. Some programs also offer options to regularise visa status and remain legally in the UAE, which may involve additional fees.
In some cases, amnesty programs allow individuals who have violated visa rules, such as working without a permit, to resolve their status and potentially avoid deportation or travel bans.
Please note that the UAE does not offer regular amnesty programs specifically for absconding cases. However, temporary amnesty programs are occasionally implemented to assist individuals in situations that could otherwise result in absconding.
How to Avoid Being Marked as Absconding in the UAE
To avoid being marked as “absconding” (Huroob) in the UAE, you should prioritise transparent communication and strict adherence to the laws of the Ministry of Human Resources and Emiratisation (MOHRE).
1. Maintain Professional Communication (The 7-Day Rule)
Under the UAE Labour Law, an employer can file an absconding report if you are absent for 7 consecutive days without a valid reason.
- Always Notify in Writing: If you are sick or have an emergency, promptly inform your HR or manager by email or WhatsApp. Written notice is essential, as oral communication is difficult to prove in court.
- Obtain Leave Approvals: Do not leave the country or stop attending work until your leave is formally approved in writing or through the company’s HR portal.
- Sick Leave Documentation: If you are unwell, obtain a medical certificate from a UAE-registered clinic and submit it to your employer within 48 hours of your absence.
2. Manage Resignations Properly
Absconding reports are frequently filed during poorly managed resignations.
- Serve Your Notice Period: Adhere to the notice period (typically 30 to 90 days) specified in your MOHRE employment contract. Leaving before this period ends may be considered absconding.
- Obtain Acknowledgement of Resignation: Ensure your employer acknowledges receipt of your resignation letter. If they refuse, send it by registered post or through a Notary Public.
- Complete the Handover: Sign the formal “End of Service” document and return all company property, such as laptops and keys, to avoid potential claims of theft or reports of missing items.
3. Stay Informed During Disputes
If you have a dispute with your employer, such as unpaid wages, do not stop attending work without following proper procedures.
- File a Labour Complaint First: If your employer withholds pay or treats you unfairly, file a formal dispute at a Twa-fouq Centre while you are still employed. This helps protect you from a retaliatory absconding report.
- Seek Permission to Stay Absent: If the dispute makes working impossible, request a “NOC” or temporary permission to be absent from the workplace from the MOHRE mediator during legal proceedings.
4. Monitor Your Visa Status
In some cases, absconding reports may be filed without the employee’s knowledge.
- Keep Your Contact Information Updated: Ensure your mobile number is linked to your Emirates ID to receive SMS notifications from GDRFA or ICP.
- Conduct Regular Checks: Periodically review your status on the MOHRE Inquiry Portal if you suspect your employer may take legal action.
5. For Visit Visa Holders
- Exit Before Expiry: Leave the country or renew your visa at least 24 to 48 hours before the expiry date.
- Maintain Communication with Your Agent: If you cannot afford to exit, inform your travel agency. They are legally required to report absconding cases to avoid significant fines on their license.
Are you currently in a dispute with your employer, or are you planning to resign soon?
Seek Expert Help When Needed
Understanding the legal aspects of absconding in the UAE is crucial for employers and visitors. Absconding may result in immigration bans, fines, or arrest. Both employers and employees should be aware of their rights and responsibilities. Employers must follow proper procedures to report and prevent absconding.
If you are unsure of your rights or facing a complex situation, consult immigration experts such as Shuraa. Our team specialises in UAE labour and immigration laws and can provide the guidance you need.
If you are relocating to Dubai or moving your business to the UAE, let Shuraa manage the legal requirements, visas, and paperwork. You can focus on your goals while we help you remain compliant and avoid absconding issues.
Frequently Asked Questions (FAQs)
1. How long does absconding last in the UAE?
An absconding record may remain on your immigration file for several years. The duration varies based on individual circumstances.
2. Can I come back to the UAE after absconding?
Returning to the UAE after absconding is often challenging. You may face a travel ban and, depending on the case, may need to pay fines and resolve any outstanding issues before re-entry is permitted.
3. Can you exit the UAE with an absconding case?
No, you generally cannot leave the UAE with an active absconding case. An alert on your passport will likely prevent your departure until the matter is resolved.
4. Is there amnesty for absconding in the UAE?
The UAE sometimes offers amnesty programs for visa violations. However, these are not guaranteed and may not apply to all absconding cases.
5. What happens if I overstay my visa in the UAE?
For visitors, overstaying a visa is treated as absconding. You will incur daily fines, face deportation, and may be banned from returning to the UAE or other GCC countries.
6. How can I check my absconding status in the UAE?
To check your absconding status in the UAE, use the MOHRE portal or app for employment-related matters, or the GDRFA website or app for residency issues. Log in with UAE Pass or enter your passport number to view your current work or visa status. Updates are typically available instantly using your transaction number or passport details.
7. What is the new rule for absconding in the UAE?
Recent changes in the UAE aim to streamline the resolution of absconding cases, including the possible removal of cases or reductions in fines in specific situations. However, key consequences remain, including work bans (ranging from 1 year to permanent), visa cancellations, and travel or entry bans. The system may continue to flag individuals even after they leave the country. It is important to check your status with immigration authorities or consult a lawyer before attempting to re-enter, especially if you were reported by a sponsor or employer.
8. What are the penalties for absconding in the UAE?
If an employer reports an absconding case, the UAE government may impose a work ban on the employee. The duration of the ban can range from one year to permanent, depending on the circumstances. During this period, the individual is not permitted to work in the UAE until the ban is lifted.
Disclaimer: The information in this post is for cgeneral guidance only and may change due to updates in government policies or regulations.
