CAN A TRAVEL BAN BE REMOVED IN THE UAE?

14 September 2023

Mustafa Salaheldin Eltahir

Travel Bans are restriction orders issued prohibiting an individual to travel or to enter the country from any of its borders. There are several types of Travel bans, and reasons for deriving such an order vary. Knowing the origin of the order and the reason it was given is crucial to understand how it can be removed. Different authorities can impose bans in the UAE including and not limited to: police, immigration department, or the court.

Abu Dhabi: A ban in the UAE can be imposed for various reasons including and not limited to labor violations, immigration violations, financial issues (civil or commercial cases), or absconding. The term of this legal restriction may also vary from a couple of months to several years depending on the type of the violation committed. The typical question want an answer for is: “Can a travel ban be removed in the UAE?” Short answer: Yes, through a legal process accompanied with an expert legal assistance provided the violation committed is either settled or has been waived.

We will dive herein in the type of travel bans that are awarded in the UAE:

1. Labor ban: usually employers impose such bans on their employees when their contract is terminated before its completion or that the employee desire to switch jobs without having duly fulfilled their tasks as per the signed contract.
2. Immigration Ban: imposed by the UAE authorities, due to a certain violation related to the residency status which can include: overstaying a visa, illegal entry, or breaching the legal stay in the country by engaging in unlawful activities
3. Financial Ban: imposed by the UAE courts when a certain individual whether in his personal capacity or as a manager or authorized signatory of a company has failed to pay a debt or to reimburse a loan as in summary he has not cleared his financial obligations towards another party
4. Absconding Ban: usually imposed on an employee who has deserted work without informing the employer. Absconding also will be considered even if the employer has full knowledge but has not yet provided the clearance. 

For each type of bans detailed above, there are specific processes to be followed. In general it is advisable to seek qualified legal assistance to avoid mishandling of the issue and for devising anappropriate strategy to get the desired result

Initially any removal process should start only when the relevant authorities are contacted and the reason behind the ban is understood. Addressing the underlying issue is necessary. Taking all the measures to cooperate with the authorities and with your legal advisor is essential. Some of these measures may include: attending the hearing sessions, provide needed documentation such as identification documents, court orders, bank statements, DEWA bills, and any other relevant evidences as requested throughout the process. These documents must be updated, and duly attested to be considered as a valid evidence accepted by the authorities.

In all the below, it is necessary to present your case effectively and the reason you are asking for a travel ban lift must be accepted by the relevant authorities.

1. Labor ban:  can be removed if there is a mutual consent between the employer and the employee to terminate the contract. Therefore, asking your employer to agree to remove the ban will help your case whereby the employer can provide a Non-Objection Certificate (NOC).
2. Immigration ban: You should rectify the violation immediately as in settle the fine and resolve your case, in the event the ban is due to a criminal case you should get a “Clearance Certificate”
3. Financial Ban: If you have an unpaid cheque, loan or credit card, or have breached a commercial contract or are in a civil trial, it is best you seek a settlement plan with the opposite party to settle the outstanding due, even if by installments, a clear payment plan must be outlined and then the judge will review the matter.
4. Absconding Ban: You should first contact the previous employer and explain the reason you have left without any explanation. Apologize and ask for help for removing your travel ban. 

The Ministry of Justice (MOJ), has put in place an online system for the individuals having a travel ban placed due to a court case: criminal, civil or commercial. It can be used as well by the lawyers representing you. Simple steps are to be followed such as:

1. Submit the case request by visiting the MOJ website – moj.gov.ae – request “Cancellation Request of Travel Ban Order”
2. Start the service and you can sign-in by using the UAE PASS ACCOUNT
3. After being directed to your personal dashboard, select “My cases” under “Case Management”. The page will give you open a list of your cases, with their details.
4. Press on “request” and fill in the related form, upload your documents and submit.
5. After paying the request, and as per MOJ the application will be processed within five (5) working days. Once approved, the travel ban will be cancelled. All progresses can be followed up on your dashboard. 

In conclusion, adhering to all the regulations and the advices of your legal counsel becomes a vital point in the lifting of your travel ban. Your intention to cooperate your documentation and settling your dues is another crucial matter as consistency is key. Any non-compliance from your end will result into hindering the process and complicate the resolving of the travel ban issue.

ALKETBI TOUCH:

Our team frequently provides legal assistance and advice on all types of travel bans and have represented many case successfully, in the event you need to have a consultation about related matters, let us know.