Introduction:

Federal decree-law No. (29) of 2021 on the entry and residence of foreigners, (Immigration Law) regulates the entry permit and residence of foreigners in the UAE. This law replaced the previous Federal Law No. (6) of 1973. The Immigration Law explains specific procedures and regulations for the deportation of foreign citizens.

The following are the important grounds for deportation:

According to Article 15, the federal public prosecutor or chairman or an authorized representative of the federal authority for identity, citizenship, customs, and ports security (ICA) can order the deportation of a foreigner even if he holds a valid visa or residence permit if necessary for the public interest, security, morals, and health, or if the individual lacks a means of subsistence. This deportation order may also include family members who are financially dependent on the individual. Furthermore, if anyone who engages in unlawful activities violates restrictions or rules regarding their visa or residency, or commits crimes, it can lead to deportation.

Article 15/3 states that, with the federal public prosecutor’s approval, the ICA may hold the deported person for up to 30 days, with the possibility of an extension for an equal period of time, in order to execute the deportation order.

In accordance with Article 16, the cost of deportation for a foreigner and his family members shall be covered by the foreigner if they have sufficient funds. If the foreigner’s employment violates this law, the employer will bear the expenses. Otherwise, the government shall bear the deportation costs.

Article 17 states that, if the deportee has financial or personal interests in the UAE that require liquidation, they may be granted a period to settle such interests, provided they submit a proper guarantee.

Article 18 states that a deported foreigner cannot return to the country without the Chairman’s approval. If deportation was due to an expired visa or cancelled visa, re-entry may be allowed only if legal entry conditions are met. Foreigners who enter illegally may face imprisonment, and the court may deport the foreigner and seize his funds from any activity or labour during that term, as per Article 21.

Punishment for the immigration violations.

Article 22 punishes illegal entry or exit with jail and transport confiscation. Article 23 punishes false statements with up to six months in jail and a fine. Article 24 punishes visa forgery with up to ten years in jail. Article 25 fines employers of illegal residents AED 50,000, and this fine increases for repeat offenses. Article 26 punishes residency violations with jail or a fine. Article 27 penalizes visa misuse with jail or a fine. Article 28 fines businesses at least AED 50,000 and may order closure. Article 29 imposes jail or a fine for unpaid penalties. Article 30 punishes general violations with jail or a fine. Article 31 applies the same penalties to those who assist these crimes.

Conclusion

In the event that immigration law is violated, the most common result is deportation. Therefore, it is important for a foreigner to understand and adhere to the immigration laws and regulations to prevent such consequences. The seriousness of the violation determines the penalty, which can range from financial penalties to imprisonment.