Overstayed in UAE

  • Published: 23:30 July 25, 2010

SUBJECT
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A reader from Dubai asks: I am desperately in need of help. I and my one-year-old baby have overstayed in the UAE for more than a year. My employment visa was cancelled in November 2008 and at that time I was four months pregnant. I exited the country and came back on a visit visa. But because of my delicate pregnancy (I had recurrent bleeding), my doctor advised complete bed rest and medication to prevent a possible miscarriage. Because of these reasons, I opted not to exit the country again after the lapse of my visit visa in December 2008. I gave birth in April 2009 and since then we have been finding ways of how to amend our visa status. My husband and I have already been to the immigration department and asked if there was any way we could pay a penalty for overstaying and acquire a residence visa. We were told we would have to pay around Dh12,000 before I can obtain a new visa. We asked the immigration department if there is a way they could lower the penalty for us as we cannot afford that much money. I know I overstayed. But it’s all because of my health and not wishing to bring on a miscarriage. I could not afford to lose my baby; even if it meant me losing my visa. I need your advice. Thank you.

If the questioner cannot afford to pay the required penalty, then she may apply to the investigation section of the Department of Naturalisation and Residence in Al Aweer to refer the matter to a competent court. She needs to provide the court with documents and state the reason (with proof) as to why she was unable to exit the country when her visa was due to expire. Therefore, the competent court might decide on an amount lower than the one mentioned by the questioner upon reviewing the documents and being satisfied with the reason provided by the questioner.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

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