How to Lift a Deportation Order in UAE: Complete Legal Guide

Deportation in the UAE is a serious matter affecting thousands of foreign nationals every year. It is important to know the deportation laws, whether you are an expat living in Dubai, Abu Dhabi, Sharjah, or any other emirate, with respect to your residency rights and future in the country. This exhaustive guide will detail everything you need to know regarding deportation in the UAE, from the types of deportation orders to the reasons and legal procedure for lifting such orders.

What is Deportation in the UAE?

Deportation is the formal removal of a foreign national from UAE territory through the order of competent authorities. It is one means by which a state may safeguard public welfare, safety, security, and national interests. The UAE has strict immigration and residency laws that regulate not only who can enter or stay in the country but also the conduct expected from foreign residents.

Unlike UAE nationals, who are immune to such measures, foreign expatriates can face deportation orders for various legal violations or circumstances that threaten public interest. The deportation framework in the UAE seeks to balance individual rights with community safety and national security.

Types of Deportation in the UAE

In the UAE law, deportation falls into two categories, and each of them has different proceedings, authorities, and legal consequences.

Judicial Deportation (Legal Deportation)

Judicial deportation is issued by a court order in the aftermath of criminal proceedings. The source of such deportation is a sentence of the court, and the serious legal breaches deserve not only criminal but also deportation sentences.

Article 121 of Federal Law No. 3 of 1987 on the Penal Code, as amended by Federal Law No. 34 of 2005 and Federal Decree-Law No. 7 of 2016, provides that judicial deportation from the country shall be carried out against a foreigner if certain requirements are met. It states that any foreigner convicted of a felony punishable by custodial punishment or crimes involving sexual assault should be deported from the UAE after serving a sentence.

The court’s discretion applies in the case of misdemeanours. Deportation may be ordered by the judge as an additional penalty to imprisonment or as a substitute for custodial punishment, depending upon the severity and nature of the offence.

Apart from criminal offences, Article 325 of the Penal Code also provides for deportation in cases where individuals violate principles of religious creeds and rites, following the completion of their designated penalty.

Administrative Deportation

In origin and procedure, administrative deportation is quite different from judicial deportation. This type of order is issued from the Federal Identity and Citizenship Authority rather than through the courts, and it focuses primarily on safeguarding the public interest in security, morals, and health.

Pursuant to Ministerial Decision No. 360 of 1997, which carries the executive rules for Law No. 6 of 1973 on Entry and Residence of Foreigners, administrative deportation orders may be issued by the federal public prosecutor or his legal representative and the chairman of the Federal Authority for Identity and Citizenship. This could be against any foreign national, even in possession of a valid entry permit or residency visa, whenever such deportation is necessary in the public interest.

Administrative deportation can be ordered in the following instances:

• Threats to public security or safety
• Offenses against public morals
• Public health concerns
• Lack of apparent means of living or financial support
• Other matters of national interest

Importantly, an administrative deportation order can expand to include family members dependent on the person being deported for their livelihood and thus affect entire households.

Unlike judicial deportation, administrative deportation orders can be lifted by applying to the General Directorate of Residency and Foreigners’ Affairs in the relevant emirate.

Common Reasons for Deportation

Understanding what can trigger a deportation order is essential for all foreign residents in the UAE. Common grounds include:

1. Criminal Convictions: Felonies requiring imprisonment, crimes involving sexual assault, and certain misdemeanours may result in judicial deportation.
2. Visa Violations: Overstaying visas, working without proper authorization, or other residency permit violations can lead to administrative deportation.
3. Lack of Financial Means: Foreign nationals who cannot demonstrate adequate means of support may face deportation to protect public resources.
4. Security Threats: Activities or associations that threaten public security or are deemed harmful to national interests.
5. Public Health Concerns: Certain communicable diseases may result in deportation orders if they pose public health risks.
6. Violation of Public Morals: Conduct that significantly violates UAE’s cultural and moral standards may trigger administrative deportation.
7. Employment Issues: Absconding from sponsors, breach of employment contracts, or cancelling residence visas before contract termination can result in deportation and placement on administrative lists.

How to Lift a Deportation Order

The process for removing a deportation order depends on whether it is judicial or administrative in nature.

Lifting Administrative Deportation

Under Article 28 of Law No. 6 of 1973 on Entry and Residence of Foreigners, foreign nationals who wish to see an administrative deportation order lifted must obtain special, written permission to do so from the Director General of the Federal Authority for Identity and Citizenship.

The application shall be submitted to the naturalization and residency administration authorized to receive applications for entry permits and visas. The application should cover in detail:

• All information about previous residency permits
• Complete reasons for the first deportation
• Circumstances which have changed since the deportation
• Reasons for re-entry to the UAE
• Supporting documentation and evidence

Lifting Judicial Deportation

• In the case of judicial deportation orders, the foreign national is entitled to submit an application to the public prosecution requesting to cancel the deportation order by submitting the following:
• Detailed reasons to support the request for cancellation
• Comprehensive documentation supporting the application
• Evidence of changed circumstances or rehabilitation

Once submitted, the public prosecutor transfers the application to a special committee that reviews the case and determines whether the deportation order should be lifted or maintained. This process requires careful preparation and professional legal representation to maximize chances of success..

Returning to the UAE After Deportation

Re-entry into the UAE after deportation is subject to special permission. No deported foreign national shall be allowed to re-enter the country without prior consent in writing from the Director General of the Federal Authority for Identity and Citizenship.

This involves working through proper legal channels, comprehensive documentation, and showing that the underlying circumstances have changed sufficiently to support a reconsideration of the case. Authorities consider several factors including, but not limited to, the reason for deportation, elapsed time, rehabilitation attempts, and whether re-entry is contrary to public interest or safety.

Legal Representation: Why Professional Help Matters

Deportation proceedings in UAE require a proper understanding of immigration and criminal law, both for preventing the issuance of an order of deportation and for lifting such orders. The legal framework entails multi-agencies, specific procedural requirements, and rigorous standards on documentation that are difficult for individual persons to handle.

Professional legal representation may make all the difference between successful resolution and permanent exclusion from the UAE. Experienced immigration lawyers understand the intricacies of both the judicial and administrative deportation processes, know how to prepare compelling applications, can negotiate with the relevant authorities, and ensure that all the formal requirements are properly met.

Protecting Your Residency Rights in the UAE

Basically, the deportation laws for expats in the UAE should not foster fear but rather a sense of awareness and protection. Knowledge of the legal framework, valid residency permits, compliance with all UAE laws and regulations, and timely seeking of legal assistance whenever problems present themselves will protect foreign residents’ rights to stay and be employed in the Emirates.

If you are facing deportation proceedings or have a deportation order against you, time is of essence. Early intervention and proper legal representation bring out a vast difference in the chance of success of such cases.

The FranGulf Advocates team has immigration and criminal lawyers who represent clients in all seven emirates: Dubai, Abu Dhabi, Sharjah, Ajman, Fujairah, Ras Al Khaimah, and Umm al Quwain. Our experienced attorneys understand the intricacies of UAE deportation law and have represented many clients against administrative and judicial deportations.

We will support you regarding lifting a deportation order, removing your name from the blacklist or administrative list, and defending against pending deportation proceedings. Our team will provide comprehensive support, based on your unique situation.  Contact FranGulf today  for a confidential consultation that protects your future in the UAE.