UAE: Can children stay to complete school year if parents' visas are cancelled?
Answer: In the UAE, visa regulations are governed by Federal Decree-Law No. (29) of 2021 regarding the Entry and Residence of Foreigners. According to Article 11, if a visa or residency permit is cancelled or expires and is not renewed, the individual must either renew it (if eligible) or leave the country within the grace period. Failure to do so results in administrative fines for each day of overstay, in accordance with the following:
Cancelling and expiring of visa or residence
"Any Alien whose visa or residence permit has been cancelled or whose residence has expired with the expiration of the period of the visa or residence permit, and does not initiate renewal — in cases in which this is permissible — or if he did not leave the State within the periods determined by the Executive Regulations of this Decree-Law, an administrative fine shall be imposed on him for each day in which he resides illegally in the State as of the date of the expiry of these periods, and the value of this fine shall be determined by a decision of the Council of Ministers.'
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The validity of a family member's visa is directly tied to the sponsor's visa. This means your children's visas will expire as soon as your own residence visa is cancelled, even if their visas were issued at a later date. This is stated on Article 54 (3) of Cabinet Resolution No. (65) of 2022 Issuing the Executive Regulations of Federal Law by Decree No. (29) of 2021 Concerning the Entry and Residence of Foreigners, which reads as,
'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.'
Furthermore, once a residency visa is cancelled, you may continue to stay in the UAE until the grace period mentioned in your visa cancellation document issued by the General Directorate of Residency & Foreigners Affairs (GDRFA) Dubai or the Federal Authority for Identity, Citizenship, Customs & Port Security.
However, there are potential options available to help your children remain in the country and complete the school year.
Once your employer cancels your residency visa, you are required to cancel the visas of those under your sponsorship — typically your children. But in certain cases, their mother may be able to sponsor them instead, provided she is employed and meets the income requirements set by the authorities.
Alternatively, you have the option to place their visas on hold while you transition to a new employment visa. This visa hold service allows you to keep the visas of your family members active for up to 60 days. If you prefer not to cancel the visas, you can inform the GDRFA of your intention to hold them until you obtain a new employment visa, provided that you submit an offer letter from your new employer. For further advice, you may contact GDRFA – Dubai.
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