Overstay penalty and jail in RAK/Dubai

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Overstay penalty and jail in RAK/Dubai

Postby suckinuae » 17 Aug 2009, 12:15

Confused...we badly need help: my friend had an employment entry visa (red visa) which expired last June 04, 2009.Her company still let him work & thne told her they cant process her visa because of her pending case. July 8, they terminated her-gave her remaining salary of which employment visa & 1 month overstay penalty were deducted from it. July 14, She surrendered & was jailed, August 06- She was freed. She got the clearance from the police station & dubai court.We called RAKIA-they said her visa was cancelled already w/ free to leave stamp. She is now working in a new company.
1.) She does not want to exit- can she just pay the remaining overstay penalty & pay 500 AED just for him not to exit as to the new company to process his new employment & residence visa? I was able to ready it in British Expat Forum (intercountry amendment & position amendment).Here is the link:
2.) If so, can somebody here elaborate the meaning of intercountry amendment & position amendment?
3.) If you are jailed...will you still pay overstay penalty during the days that you were serving your verdict?

Also, her previous company I would say had a malicious intent in a way that the PRO had been telling us that my friend's passport was with RAK immigration of which RAKIA officer confirmed to us that it was not in RAKIA's Office nor was it in RAK immigration then, after several arguements with her company, they told us that it was and still with the company.
1.) Can we file a compalint against them if proven that never was there an instance that they surrendered it to the immigration?

Hoping for immediate advise and answer.

Big thanks to all
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Joined: 18 Jul 2009, 18:08

Overstay fines in UAE

Postby shawarma » 17 Aug 2009, 13:21

1. As far as I know, you must pay overstay fines on exit from the UAE (or before) and there aren't usually any further consequences. I presume the AED 500 is a fee paid to the relevant UAE immigration department to change status from visitor to resident or similar but check with them on the amount and procedure.

2. Intercountry amendment? Maybe in-country amendment to change status without exiting the UAE? See answer 1. Same for position amendment.

3. I would assume yes but I don't know for sure. Contact the immigration department to see if the fine is negotiable or a special case can be made.

4. If a passport is being withheld illegally, I'd suggest you first contact the UAE labour department (if by a company) or otherwise the RAK immigration department to make a complaint. You could try contacting the police but I don't expect they'd do much unless there was some sort of instruction from the courts. Alternatively contact a lawyer. If you don't have your passport, probably the best you can hope for is that your passport is returned. If you do have your passport, then I'd guess you would have to make a claim in the civil court for compensation but I'm no lawyer and I'd strongly suggest you see one before going that route. Note that the police and/or immigration are entitled to withhold passports (if there is a good reason to) but companies are not (except for visa processing).
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