Question: I recently lost my job, and among the options I am exploring to continue staying in the UAE is obtaining a freelance visa. Could you please explain the legalities of working and living in the UAE on a freelance visa? Can I sponsor my family through this route?
Answer: Pursuant to your queries raised, the provisions of the Cabinet Resolution No. 1 of 2022 are applicable.
Stay up to date with the latest news. Follow KT on WhatsApp channels.
In the UAE, an individual may consider having a freelance work permit. This is in accordance with Article 6(1)(l) of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021.
Regarding the Regulation of Employment Relations (the ‘Cabinet Resolution No. 1 of 2022’), which states, ‘Subject to the provisions of Article 6 of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, the types of work permit shall be determined as follows:
l. Freelance permit: This permit is issued to individuals wishing to undertake independent self-employment (without being sponsored by a specific organisation or employer in the state and without the condition of having a valid employment contract, whereby the natural person earns money by providing his services for a specific period or performing a task or providing a specific service, whether to individuals or establishments, whereas this natural person is in no way a worker for those individuals or establishments.
Further, Article 8 of the Cabinet Resolution No. 1 of 2022 states that “1. Freelancing is an independent and flexible work arrangement whereby the natural person generates income by providing his services for a specified period of time or performing a task or providing a specific service, whether for individuals or establishments, whereas this natural person is in no way an employee for those individuals or establishments.
2. The Cabinet shall, based on the minister’s proposal, issue the necessary resolutions for determining the procedures, rules and mechanisms for registering freelancers in the ministry’s systems and for obtaining, renewing and cancelling the work permit, in a manner that ensures the enhancement of labour market flexibility and its requirements.”
Based on the aforementioned provision of law, for obtaining a freelance work permit or a freelance licence in the emirate of Dubai, you should contact the Dubai Department of Economy & Tourism or free zone authorities in the emirate of Dubai which are issuing freelance licences to individuals under certain categories of activities or professions.
You may obtain a freelance visa only if you have a freelance work permit or a freelance certificate issued by the relevant authority in Dubai.
Further, if you are on a freelance visa to reside in the UAE, you may have to undergo regular requirements in the UAE to sponsor your family (spouse and children), which may include requirements such as documentary evidence (primarily an employment contract or income statement) that your salary/income is not less than Dh 4,000/- without accommodation and Dh 3,000/- with accommodation.
For further clarifications on this matter, you may contact the General Directorate of Residency and Foreigners Affairs or the Federal Authority for Identity, Citizenship, Customs & Port.
Applicable law:
Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Source: Khaleej Times