Dubai: Freehold property buyers are fully entitled to residence visas, a senior government official has confirmed, quashing widespread confusion among homebuyers in the UAE.
Officials at Dubai's Naturalisation and Residency Department (DNRD) have confirmed that anyone who buys a freehold property in the emirate is entitled to residence in Dubai through the master-developer.
Omar Mattar Bin Mizaina, head of employment permits section at DNRD, said,"Anyone who buys a property can get a residence visa in Dubai.” There has been widespread concern and confusion in recent weeks among property buyers about this issue, with some believing that master developers had broken the contract as visas had not been issued.
Bin Mizaina said property owners can choose whether they want to be sponsored by their master developer or their employer."You must be a property owner, but it depends on the Ministry of Labour, as some cases are given special approval. But, yes, you can choose,” he said.
This is good news for Dubai property owners, as it is seemingly a way of getting around the dreaded ban. Now, if you own a property, even if you resign or are sacked from your job, you will still have your residency visa and won't have to leave the UAE.
However, Mohammad Bin Braik, chief operating officer of Dubai Properties Group, told Gulf News last week:"Resident visas for freehold buyers are subject to conditions which include that you cannot seek employment or run a business and one would assume the buyer has sufficient funds to support himself.”
Residence visas are given for one, two, or three years and are then renewed by the DNRD through the original sponsor."As long as you own a property, you will have a residency visa,” Bin Mizaina said.
Delayed by developers
With the DNRD now clarifying the issue, it seems the delay in providing the promised residency visas lies with the master developers. Both Nakheel and Emaar have issued statements saying that they do sponsor freehold buyers for residency visas in line with the rules and procedures of the DNRD.
Despite the DNRD's clear-cut process, many people in Dubai who have bought freehold properties have still not received their residency visas.
Bin Mizaina said that the master developer can apply for residency visas as soon as a property is bought and a contract is signed with buyer.
The law itself clearly states:"If the homeowner has no alternative means of sponsorship for a residence visa, the first owner may be sponsored by your master-developer for residency in Dubai, UAE, subject to the applicable immigration laws of the country.”
Legal issues
Bypassing Labour Law
An official at the Ministry of Labour said that no resident can jump an employment ban in the UAE."A person with an employment ban can enter the UAE on a visit visa but this does not entitle him to work in the country. However, people staying in the country on a property linked residency visa and without an employment ban can work but after they obtain a work permit,” the official said.
Lawyer's view
- According to advocate Mohammad Ebrahim Al Shaiba,
a resident may not work on a property residence visa unless an official work permit is obtained. The employee must cancel the property visa and change to his company's sponsorship, but he may return to his property&rsquos visa after he leaves his work.
-The work ban is not related to residence visa. Holders of property visas or the wives on husbands' sponsorship can still stay in the UAE, while others may enter the country on a visit visa during the work ban. A property residence visa does not guarantee jobs. -
Gulf News
By Suzanne Fenton, Staff Reporter
Published: June 06, 2008, 16:37
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