How can employee switch to Golden Visa through property investment in Dubai?
What are the steps for an employee to invest in Dubai real estate in order to qualify for a Golden Visa?
The Ministry of Labor has established certain procedures for the submission of applications to revoke work permits.
In order to qualify for the Golden Visa, I intend to purchase a new home while working for a company based in mainland Dubai. If I apply for the Golden Visa, will my work visa be affected?
You are currently employed by a mainland company in Dubai, so the following regulations apply: Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulations of Employment Relations, and Administrative Resolution No. 38 of 2022 concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 Regarding Work Permits, Offer Letters, and Employment Contract Forms.
Anyone living in the United Arab Emirates on a golden residency visa is legally able to work. This is in line with the following: "Subject to the provisions of Article 7 of the Decree-Law, the type of work permit shall be determined as follows:" (Article 7 of the Employment Law read with Article 6(1) (j) of the Cabinet Resolution No. 1 of 2022).
The Ministry of Foreign Affairs issues this type of permit to businesses that have registered with them and want to hire foreign nationals with a Golden Visa to work in the state.
An employee can notify their employer of any changes to their UAE residency visa before applying for a golden residency visa. The letter in question specifies that the employer must first revoke the employee's current work permit and, secondarily, their residency visa for the United Arab Emirates. A Cabinet Resolution No. 1 of 2022, Article 7 (3), states as follows:
Methods for revoking work visas:
a. Requests to revoke a work permit must be made via the official channels designated by the Ministry:
b. Ensuring all necessary data and attached documents are filled out.
c. If applicable, paying the fines for late or non-renewal work permit issuance.
d. The worker's full entitlements acknowledged by the establishment.
e. As the Minister or his delegate may decide upon other terms.
According to the law mentioned earlier, if an employee with a prospective UAE golden residency visa has their work permit revoked, they can re-enter the workforce by signing a new employment contract with either an existing or prospective employer, and then undergo the process outlined in Administrative Resolution No. 38 of 2022 to obtain a new work permit.
In line with Administrative Resolution No. 38 of 2022, the following are the requirements for an Emirati citizen to apply for a work permit through the MoHRE:
1. A white background with transparent colors
2. A reproduction of a current, valid, and six-monthly-valid passport along with a replica of a current, valid, and six-month-valid residency visa
The third document is the Ministry-approved employment contract, which must have the signatures of both the employer and the employee.
4. Recognized Credentials: Official documentation attesting to the employee's proficiency in the following areas, as attested by the Ministry of Foreign Affairs and International Cooperation:
Expertise Levels 1 and 2: A Bachelor's degree or above, certified by the appropriate authorities;
Level 3 and 4 skills: Competent authorities' certification of a diploma graduate or higher
Level 5 competency: High school diploma, with official certification from the appropriate authorities
Certificates issued by the state are not included.
5. A professional license issued by the appropriate authority is required for certain occupations, such as those involving the medical field (e.g., doctors, nurses, etc.) or education (e.g., teachers, aides in the classroom, fitness trainers, etc.) or law (e.g., advocates, ministers of justice, youth and sports authorities).
A new work permit can be requested by your employer once you have obtained a golden visa residency.
To get more information about this, you can get in touch with the MoHRE.
Ashish Mehta & Associates was founded by Ashish Mehta, who is also its managing partner. He possesses the necessary qualifications to practice law in Dubai, the UK, and India.
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