Considering moving to another country while family members are still in the UAE raises an important concern: Can a father continue to sponsor his wife and children if he moves abroad? This is a common situation faced by a number of expatriates, in particular where children are studying in the UAE and it would take a certain time to finish their academic year.
This article discusses the provisions available under UAE laws in cases of family protection, the options available to families in such cases, and the steps to be taken to ensure a smooth relocation.
Family Sponsorship Rules in UAE
Family sponsorships in the UAE fall under Federal Decree-Law No (29) of 2021 Regarding Entry and Residence of Foreigners and its Executive Regulations issued under Cabinet Resolution No. (65) of 2022.
Under these rules:
- A father (sponsor) holding a valid UAE residence visa can sponsor his wife and children.
- The family residence visa is dependent on the sponsor’s residence permit for validity.
- Family members’ visas automatically expire, regardless of the date of issue, once the sponsor’s (father’s) visa is canceled or terminated.
Thus, if the father moves abroad and his residency visa in the UAE is canceled, the dependents’ visas will also be nullified.
What If the Visa Is Not Renewed or Canceled?
According to Article 11 of Federal Decree-Law No. (29) of 2021, “every Foreigner whose visa or residence permit has been cancelled or expires, and has not renewed it – in the cases where this is permissible – or has not left the State within the periods specified by the Executive Regulation of this Law by Decree, shall be subject to an administrative fine for each day he resides illegally in the State as of the date of the expiry of these periods.”
The fines begin upon the expiration of the grace period allowed after the cancellation/expiry of the visa, and the period of such grace is prescribed under the Executive Regulations. In addition, failure to comply with the visa conditions during this period could result in accumulating fines and a case against you.
Children’s Residency When the Father Relocates
If the father accepts a job in a foreign country and moves there, he would want his wife and children to stay in the UAE until the completion of the school year. The legal position in this case is specific:
- With the termination of the father’s employment contract, the employer must cancel his residence visa.
- Dependent visas get automatically canceled along with father’s visa;
Therefore, once the father’s visa gets canceled, the family has no option to continue residing in the UAE under the sponsorship of the father.
What Options Are Open to the Family?
Notwithstanding these restrictions, there are alternative paths for families who wish to remain in the UAE for a limited time:
1. Mother Sponsoring Children
In the cases where the wife is working legally in the UAE and meets certain salary and profession requirements, she may sponsor her children. Sponsorship would thus allow them to legally stay in the country and attend school until the end of the academic year.
2. Family Sponsorship Alternative
In certain conditions, close relatives present in the UAE could sponsor family members provided they fulfill the immigration authority’s conditions. This is not available in all conditions and is dependent on the degree of relationship and approval from the concerned authorities.
3. Switching to Visit Visa
Another option could be the children converting their residence visas into visit visas once the father’s residency has been cancelled. This gives them legal stay for a limited period, although their visit visas may need renewal if their academic year extends beyond the initial visit visa period.
4. Humanitarian/Embassy Assistance
In certain cases, they can approach their embassy or consulate in the UAE for guidance. Immigration laws are strict in nature, but embassies may offer assistance or special guidance in cases concerning school-going children.
Steps to Take Before Relocation
If you decide to go abroad but want your family to stay in the UAE for the time being, please consider taking the following steps before departure:
- Validity of Your Visa – On your part and for your family, ensure that residency and related visas are still valid.
- Talk to Your Employer – It is important to find out the exact date your visa will get cancelled, as that can affect your family.
- Consider Spousal Sponsorship – Should your wife be working, she should take sponsorship of your family before your visa cancellation.
- Immigration Department – Ask them to provide you with guidance on such options, including grace periods and visa conversions.
- No Overstay – Just don’t allow your family to stay in the UAE on an expired visa, as fines and penalties would start accumulating pretty fast.
Legal Framework
The statutory provisions enforceable under the law are:
- Article 11 of Federal Decree-Law No. (29) of 2021 – Illegal stay after visa expiry attracts administrative fines and cancellation.
- Article 54 (3) of Cabinet Resolution No. (65) of 2022 – The Family Members Residence Permit shall be granted for the same period of residence as the Guarantor/Head of the family, and in all cases, the validity term of residence for family members shall not exceed the validity term of the residence of the Guarantor/Head of the family.
These laws make it clear that dependents’ visas are strictly tied to the sponsor’s visa.
Conclusion
When a father moves abroad and cancels his residence visa, he loses the ability to sponsor his family in the UAE. Once the father’s visa is canceled, the family’s residence permits become void. Yet the family has options—the mother could sponsor the children, or they might apply for visitor visas, or seek guidance from appropriate embassies—in order to ensure that their children may continue schooling without interruption.
How HHS Lawyers Can Assist
Understanding residency rules and sponsorship laws operating in the UAE can be difficult; it can prove to be even more difficult when you try to balance conflicting needs of family and relocation. At HHS Lawyers, our family law experts will assist you with:
- Transfer of sponsorship to a spouse or relative.
- Visit visas and other options for legal stay.
- Ensuring compliance with UAE residency laws to avoid penalties and fines.
- Communicating with the authorities to ensure smooth processing of applications.
HHS Lawyers will provide you with tailored legal advice and practical solutions if you plan to relocate and want your family to remain in the UAE legally.