Question: I will be going on annual leave in January for one month but my visa is due for renewal while I am away. I have asked my employer if we can renew early so I will be able to return to the UAE without a problem. I only need it done two weeks early but my employer has said that I will have to pay them Dh2,000 if I want this.
Can they make me pay to do this? AP, Abu Dhabi
Answer: This employer has approved the annual leave and there will always be situations where dates don’t quite align and a residency visa needs to be renewed a week or three early.
In all situations, the costs of employment including all visa and work permit fees are the responsibility of the employer.
This is covered in Article 6.4 of the Labour Law, which states: “The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly”.
If the visa is not renewed before AP goes on annual leave, he will not be able to re-enter the UAE, as visas don’t actually expire and they all need to be cancelled, even if someone is able to re-enter the country with a tourist visa on entry.
AP’s passport does not permit this, so he would be prevented from re-entering until such time as the work-related visa is cancelled and he has applied for an entry visa. Individuals can only work if the appropriate visa is in place so that can be problematic too. The employer would have to re-apply for a visa and work permit so that is more hassle than renewing early.
The correct course of action is for the employer to renew the visa a little early and they must also pay all costs.
Q: I am a Dubai resident and I will be leaving the country for a holiday in a few weeks’ time. I know that smart gates operate at the airport but how do I find out if I am registered? I really don’t remember if it worked for me before or if I have done any kind of registration. LG, Dubai
A: Smart Gate is an advanced passport control system that operates at both Dubai airports. Abu Dhabi has its own Smart Travel System.
A biometric passport is required and first-time users register to use Smart Gate when they enter the passport control touchpoint upon arrival at the airport. Once someone is registered in the system, they can pass through by simply looking at the green light without needing to scan a document. It is very quick and requires no human intervention.
You can check if you are registered by going to the General Directorate of Residency and Foreigners Affairs website here and entering your passport number or EID number.
Note that the Smart Gate system is not available to children, anyone under 1.2 metres in height, for pushchairs/strollers or wheelchairs. As well as UAE and GCC nationals and UAE residents, visitors can also register to use the system if they are eligible for a visa on arrival or have a pre-issued visa.
Q: I will be returning to the UK with my family at some point next year and have a question about being able to use the NHS when we get there. We have been in the UAE for seven years but my wife and I have both paid voluntary UK national insurance contributions. Does that mean we can use the NHS straight away? Will there be any delays for me or my family? MH, Dubai
A: The NHS – the UK’s National Health Service – is a residence-based healthcare system. That means that it provides treatment that is free at the point of use for UK residents. Eligibility is based solely on residency. It does not depend on nationality, the payment of UK tax, or of any voluntary National Insurance contributions.
This means that if a British national moves back to the UK they will be immediately eligible for free NHS treatment.
My advice would be to register at your local doctors’ practice – known as a general practitioner surgery – without delay, as that will simplify making an appointment.
If a UK resident is unwell and requires treatment before having registered with their local GP practice, they can still ask for an appointment, but if declined they can visit a hospital accident and emergency department if urgent, or they can call the UK-only telephone number 111 for advice.
I would point out that the payment of voluntary national insurance contributions for non-resident UK citizens relates only to qualifying for the basic state pension. It does not entitle anyone to free NHS treatment.
Anyone visiting the UK, no matter their nationality, will get free NHS treatment in a real emergency but may be charged for any other treatment.
