Deportation from UAE can occur for various reasons, including criminal offenses, visa violations, or health-related concerns. The UAE has strict legal frameworks to ensure that the country’s security, public health, and social order are maintained. Whether you’re an expatriate or visitor, understanding the reasons for deportation and the legal process can help you navigate these challenging situations.
This comprehensive guide explores the types of deportation in the UAE, the deportation process, and what to do if you or someone you know is at risk of being deported. It also includes helpful resources for checking your deportation status, reversing deportation orders, and how Wirestork can assist in such cases.
Why Deportation Occurs in UAE?
Deportation in the UAE primarily occurs for violations of immigration laws, criminal activities, or for health reasons. The UAE government takes these matters seriously, ensuring that individuals who violate laws or present risks to the public are removed from the country.
Here are the most common reasons for deportation from UAE:
- Visa Violations:
Overstaying a visa or engaging in unauthorized activities (e.g., working without a valid permit) can lead to immediate deportation. - Criminal Offenses:
Individuals convicted of felonies or crimes such as theft, fraud, or sexual misconduct are subject to legal deportation. Misdemeanors can also result in deportation depending on the severity of the offense. - Health-Related Deportation:
The list of deportable diseases in UAE includes HIV, AIDS, and other contagious diseases. Individuals diagnosed with such conditions are often deported to safeguard public health. - Labour ban Status:
In cases where expatriates working under sponsorship abscond or breach their employment terms, they can be reported under the absconding system, resulting in deportation. - Public Interest and Morals:
Administrative deportations may be issued if a person is deemed a threat to public safety, security, or morals.
Types of Deportation from the UAE
There are two main types of deportation in the UAE: legal deportation and administrative deportation.
- Legal Deportation:
This type of deportation is ordered by the courts and occurs when an individual is convicted of a criminal offense that carries a custodial sentence. Under Article 121 of the UAE Penal Code, deportation is mandatory for individuals convicted of felonies or crimes related to sexual misconduct. Courts may also order deportation as an alternative to imprisonment for other crimes. - Administrative Deportation:
Administrative deportation is typically ordered by the Federal Identity and Citizenship Authority (ICA) to protect public interest. This type of deportation does not require a court order and can be imposed even if the individual holds a valid visa or residency permit. Administrative deportation is common in cases involving visa violations, health-related concerns, or behavior that threatens public safety or morals.
The Deportation Process in UAE
The deportation process in UAE depends on the type of deportation being issued—legal or administrative. Here’s how each process works:
- Legal Deportation Process:
After a court issues a deportation order, the individual is handed over to the immigration authorities and detained pending deportation. The individual may be given a grace period to settle personal matters or appeal the deportation order. The grace period typically lasts for up to three months. After this period, the individual will be deported unless the order is reversed. - Administrative Deportation Process:
Administrative deportation can be initiated without a court order. The General Directorate of Residency and Foreigners Affairs (GDRFA) manages the process, which can include detainment and deportation without the possibility of appeal. However, the individual can file a petition to have the deportation order reversed.
How to Check Deportation Status in UAE
If you are concerned about your legal standing, it is important to know how to check deportation status in UAE. Here are some of the methods you can use:
- GDRFA Portal:
Individuals can check their deportation status through the GDRFA online portal. The portal provides information about any legal restrictions or deportation orders that have been issued. - Visit GDRFA Offices:
You can also visit the GDRFA office in person to inquire about your status or any pending deportation orders.
Deportation for Health Reasons
Health-related deportation is a common occurrence in the UAE. The list of deportable diseases in UAE includes conditions that pose a risk to public health, such as HIV, AIDS, and tuberculosis. Individuals diagnosed with any of these conditions are subject to immediate deportation, regardless of their residency or visa status.
- Medical Screening:
Expatriates must undergo mandatory medical screening before being granted a work or residency permit. If an individual tests positive for a deportable disease, they will not be issued a permit and will be deported. - HIV and AIDS:
HIV and AIDS are among the most common reasons for deportation. The UAE has a strict zero-tolerance policy for these conditions, and individuals diagnosed with HIV or AIDS are deported to protect public health.
Reversing Deportation in UAE
If you have been issued a deportation order, there are certain ways to appeal or reverse deportation in UAE:
- Appeal to the Public Prosecution:
Individuals facing administrative deportation can appeal to the public prosecution to revoke the deportation order. The appeal must include reasons for reversing the deportation and supporting documents. - Special Re-entry Permit:
If an individual has already been deported, they can apply for a special re-entry permit through the Director General of the Federal Authority for Identity and Citizenship. The application must detail the reasons for deportation and any changes in circumstances that justify re-entry. - Lifting the Blacklist:
Individuals who have been placed on the UAE blacklist can apply to have their name removed. The process involves submitting an application to the GDRFA or other relevant authorities.
Deportation Due to Labour ban Status
Labour ban refers to the status of expatriates who abscond from their sponsors or breach their employment terms. Employers can report workers under the Ministry of labor system if they fail to show up for work, leave their job without notice, or engage in activities that violate the terms of their visa. Once reported under MOL , the individual is subject to deportation and is banned from returning to the UAE.
If Deported from UAE, When Can One Return?
Individuals deported from the UAE may be allowed to return under certain conditions. However, re-entry depends on the reason for deportation and whether the individual has resolved any outstanding legal or immigration issues.
- Criminal Deportation:
Individuals deported for criminal offenses are typically banned from re-entering the UAE. However, they can apply for a special re-entry permit after a certain period, which is subject to approval by UAE authorities. - Visa Violations:
If the individual was deported for visa violations, they may be allowed to return after a set period, typically ranging from one to five years. - Administrative Deportation:
Individuals deported under administrative orders can apply for re-entry after resolving the issues that led to their deportation, such as visa or residency violations.
What Is the Procedure for Deportation in UAE?
The procedure for deportation in UAE varies depending on whether the deportation is legal or administrative:
- Legal Deportation:
The court issues a deportation order, after which the individual is detained pending deportation. The person may be allowed to settle personal matters or appeal the deportation order before being deported. - Administrative Deportation:
The ICA issues the deportation order without court involvement. The individual may not have the right to appeal, although they can file a petition to reverse the deportation.
Wirestork’s Assistance with Deportation in UAE
Deportation from the UAE can be a complex and daunting process, but with Wirestork, individuals can receive expert legal support to navigate their deportation cases. Wirestork specializes in assisting clients with deportation appeals, re-entry applications, and legal representation in the UAE.
- Appealing Deportation Orders:
Wirestork’s legal experts can help individuals appeal both legal and administrative deportation orders, ensuring that their cases are reviewed thoroughly and fairly. - Re-entry Permits:
For individuals seeking to re-enter the UAE after deportation, Wirestork can assist with filing special re-entry permits and working with immigration authorities. - Lifting the Blacklist:
Wirestork helps clients remove their names from the UAE blacklist, enabling them to re-enter the country after deportation.
With Wirestork’s professional legal services, individuals can gain clarity on their rights and take the necessary steps to resolve deportation-related issues efficiently.
What leads to deportation from UAE?
Deportation from UAE can occur due to visa violations, criminal offenses, or health-related reasons. Both legal and administrative deportations may be enforced to safeguard public interest.
What is the deportation process in UAE?
The UAE deportation process can be either legal or administrative. Legal deportation is court-ordered due to criminal offenses, while administrative deportation is enforced by the Federal Identity and Citizenship Authority (ICA) to protect public security, morals, or health.
What diseases lead to deportation from UAE?
The list of deportable diseases in UAE includes HIV, AIDS, tuberculosis, and other contagious diseases. Individuals diagnosed with these conditions are typically deported to protect public health.
How can I check my deportation status in UAE?
To check deportation status in UAE, you can use the GDRFA online portal or visit a GDRFA office.
What is the procedure for deportation in UAE?
The procedure for deportation in UAE involves either a court-issued deportation order (legal) or an administrative order by the ICA. In both cases, individuals may be detained and granted a grace period to settle their affairs before deportation.
Can I return to UAE after being deported?
If deported from UAE, returning is possible but depends on the reason for deportation. Individuals can apply for a special re-entry permit, but approval depends on UAE authorities.
What happens if you have HIV in UAE?
HIV deportation is common in the UAE. Individuals diagnosed with HIV or AIDS during medical screenings are deported to protect public health.
What are the reasons for deportation in UAE?
Common reasons include overstaying a visa, criminal offenses, health issues, and violating employment terms under the Ministry of labour’s system. Administrative deportation can be enforced to protect public security.
What happens if I am deported from UAE for criminal activity?
If you are deported from UAE for criminal activity, you are typically banned from returning. However, you may apply for a re-entry permit after a set period, depending on the crime’s severity.
How does the UAE deal with deportation for absconding workers?
Workers reported as absconding under the absconding system may face deportation and be banned from returning to the UAE for violating labor and residency laws.
What diseases can lead to automatic deportation from UAE?
Diseases like HIV, tuberculosis, and hepatitis are considered deportable under UAE public health laws.
Can I appeal a deportation order in UAE?
Yes, you can appeal an administrative deportation order by submitting a petition to the General Directorate of Residency and Foreigners Affairs (GDRFA), and in some cases, the public prosecution.
How can Wirestork help with deportation issues in UAE?
Wirestork offers legal assistance with deportation appeals, re-entry applications, and representation in cases involving deportation due to visa or health issues.
What is UAE absconding status and how does it relate to deportation?
Absconding status in UAE refers to expatriates reported as absconding by their employers. Once reported, the individual is subject to deportation and is banned from returning.
Can I return to UAE after an administrative deportation?
If you are administratively deported from UAE, you can apply for a re-entry permit after resolving the issues that led to deportation, but approval is subject to UAE authorities.
What happens to people deported due to public security threats?
Individuals deported for public security threats are typically placed on the UAE blacklist and are permanently barred from re-entering the country.
Can a deported individual’s name be removed from the UAE blacklist?
Yes, a deported individual’s name can be removed from the blacklist after submitting an appeal, depending on the reasons for deportation and decisions by UAE authorities.
What happens if I overstay my visa in UAE?
Overstaying a visa can lead to deportation, fines, and a ban from re-entering the UAE for a specific period, depending on the overstay length.
Is a grace period provided before deportation from UAE?
Yes, individuals facing deportation are often granted a grace period to settle their affairs. This period is typically determined by the ICA and can last up to three months.
What is the role of the UAE blacklist in deportation cases?
The UAE blacklist includes individuals banned from entering or exiting the UAE due to criminal offenses, civil liabilities, or public health threats. Removal from the blacklist requires formal approval from UAE authorities.
