UAE visa grace period: How long can you stay after employment visa cancellation?

Dubai: Whether you have resigned, been terminated, or are a foreign student preparing to graduate from a UAE university, understanding the grace period rules after your residence visa is cancelled is crucial to avoid overstaying. In the UAE, the cancellation of an employment contract and work permit automatically revokes an individual’s residence visa. However, expatriates are granted a grace period to either obtain a new visa or leave the country, with the duration varying based on visa type and eligibility.

“The employer is responsible for initiating the visa cancellation process through the Ministry of Human Resources and Emiratisation (MOHRE). The employee is required to sign the cancellation application as part of the procedure,” Sunil Ambalavelil, principal partner at Nasser Yousuf Alkhamis Lawyers (NYK Lawyers) and Legal Consultants, explained to Gulf News.

Once an employment visa is cancelled, individuals can apply for a new work visa within the UAE. However, it is crucial to verify with the former employer that the visa cancellation has been processed correctly. “The new employer must then undertake the application process for a fresh work permit and residence visa in accordance with the legal requirements,” he said.

After a residence visa is cancelled, the UAE provides a grace period during which individuals can either apply for a new visa or exit the country.  Sunil also raised that the UAE has a ‘jobseeker visa,’ which allows individuals to stay in the UAE for 60, 90, or 120 days while searching for employment. “Eligibility criteria include holding a degree from a recognised university and fulfilling a financial guarantee requirement,” he noted.

During the grace period, individuals have several options to change their visa status:

“Upon the cancellation of a residence visa, an individual may opt for a change of visa status without leaving the UAE. This process, commonly referred to as a ‘Change of Status,’ can be facilitated through an Amer Service Centre or an authorized typing centre. The applicant is required to submit the necessary documentation and pay the applicable fees, which typically range between Dh550 and Dh650,” Ambalavelil explained.

After a residence visa is cancelled, the UAE provides a grace period during which individuals can either apply for a new visa or exit the country. The standard grace period ranges from 30 to 90 days. In certain cases, it can extend up to 180 days, depending on the visa type and category.

“The grace period is usually granted for a duration of 30 to 90 days. However, legislation also allows for a grace period of up to 180 days for certain select visa categories. In practice, grace periods are granted at the discretion of authorities, depending on the cancellation application's review process, which includes an assessment of the visa type and skill category,” Shayan Sultan, partner at Fragomen Middle East and North Africa, said.

Sultan clarified that the six-month grace period is reserved for:

In August 2024, the Federal Authority for Identity and Citizenship, Customs and Ports Security (ICP), clarified that expatriates who have skilled professions of the first and second levels according to the classification of MOHRE are also eligible for a six month grace period.

Normally, most expats are allowed to stay in the UAE from 30 to 60 days after cancellation or expiry of their residence visas.

Sultan explained that in free zone jurisdictions, “the grace period begins from the day the residence permit is cancelled.”

“However, for mainland jurisdiction, the grace period starts from the date of cancellation of the labour card. There are no exceptions to the start date of the grace period, regardless of the type of residency or skill category of the professional,” he said.

“The grace period is discretionary, therefore, they must exit the UAE within the specified grace period or amend their immigration status before the grace period ends. Those specifically employed by mainland entities should track the grace period from the time of the labour cancellation instead of the residence permit cancellation,” he highlighted.

Both experts stressed that any foreign national failing to exit the UAE or amend their immigration status before the end of the grace period will incur overstay fines. An overstay fine costs Dh50per day, according to the ICP.

If you are unsure about your grace period, you can easily check it online within a few minutes through the UAE’s Federal Authority for Identity, Citizenship, Customs and Port Security (ICP) smart services portal - https://smartservices.icp.gov.ae/ . Click here to know more.