Your visit visa expired. HR says, “It’s under process.” Meanwhile, fines are building up every single day. If this sounds familiar, you’re not alone.
Many expats enter the UAE on a visit visa, accept a job offer, and trust their new employer to process the residency quickly. But when paperwork gets delayed, a stressful question follows:
Who pays the visa overstay fine in the UAE — you or the company?
Quick Answer: If you are already working under the company’s sponsorship and they delay your visa renewal, the employer pays the fine. However, if you entered on a visit visa and it expires before your new residency is processed, the ICP immigration system holds you (the individual) legally responsible for the overstay fine. But do not panic—there is a legal way to get this waived.
Here’s what the law actually says — and what you should do next.
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How much is the visa overstay fine in UAE?
Under Cabinet Resolution No. 65 of 2022, issued under Federal Decree-Law No. 29 of 2021 on Entry and Residence of Foreigners, the ICP (Federal Authority for Identity, Citizenship, Customs and Port Security) may impose fines for overstaying.
Article 64 of the Executive Regulations states that the authority may collect a fine of up to AED 100 per day for illegal stay.
However, the ICP currently applies a standardised rate of AED 50 per day for most overstay cases. Fines begin from the first day after visa expiry or after the grace period ends. Read – Grace Period Categories by Visa Type.
Who actually pays: Employee or Employer?
The answer is not a simple yes or no. It entirely depends on your current visa status when the delay happens.
Situation 1: If you are already on an employment visa
Let’s say you are already working here and your company is just renewing your visa. Under UAE labour law, your employer is legally on the hook for all visa processing costs.
Specifically, Article 6(4) of Federal Decree-Law No. 33 of 2021 (The UAE Labour Law) strictly prohibits employers from charging workers for any recruitment or employment costs, either directly or indirectly. This includes:
- Visa application and renewal fees
- Residency permit costs
- Work permit issuance
- All general sponsorship expenses
If your residency renewal gets delayed because the company was negligent, the employer must bear the financial penalties. They absolutely cannot deduct visa overstay fines from your salary. Doing so is a direct violation of UAE labour regulations. If HR tries to dock your pay for their mistake, you should immediately file a MOHRE complaint to protect your rights.
Situation 2: If you entered on a visit visa
This is where things get highly sensitive. If you entered the UAE on a visit visa and it expired before your new company processed your residency, employment law is not applicable yet.
Under Article 5(5) of Federal Decree-Law No. 29 of 2021 on Entry and Residence of Foreigners, the law clearly states that a foreign national must leave the country upon the expiry of their visa unless they have already obtained a valid residence permit.
Because of this, the immigration authorities (ICP) view the overstay as your personal responsibility—even if the employer promised to handle the paperwork and caused the delay. The fine is tied to your passport, not their company trade licence.
However, do not panic. There is still a legal solution to get these fines reduced or waived if you have the right proof.
Can the employer deduct the fine from my salary?
Absolutely not. No employer can legally deduct immigration penalties from your paycheque to cover their own administrative mistakes.
Article 25 of Federal Decree-Law No. 33 of 2021 outlines the exact scenarios where an employer is allowed to deduct money from your salary (such as loan repayments or disciplinary violations). Employer negligence regarding visa processing is not on that list.
If you are transitioning from a visit visa to an employment visa and the company’s delay caused the fine, forcing you to pay it is a major labour violation. If HR attempts to withhold your wages to cover their mistake, you have every right to raise a formal dispute through MOHRE.
How to get your fines reduced or waived
If you’re stuck with a fine because of a disorganised employer, you don’t just have to accept it. You can take proactive legal action to clear your name.
You can approach the ICP or the General Directorate of Residency and Foreigners Affairs (GDRFA in Dubai) to request a fine waiver or reduction. You’ll need to submit strong evidence, including:
- Your signed official offer letter or employment contract.
- Email or WhatsApp communication showing you consistently followed up with HR.
- Proof that the company failed to process the visa in a timely manner.
Authorities have discretionary power to reduce or waive ICP overstay fines if it’s clear that the overstay wasn’t intentional, you acted in good faith, and the employer directly caused the delay.
What if the employer marks you as absconding?
In rare, severe cases, an employer might realise they missed the deadline and maliciously mark you as “absconding” to escape the blame for failing to process your visa.
If this happens, the situation becomes critical. You should immediately contact the Ministry of Human Resources and Emiratisation and file a MOHRE complaint. Gather all your documentation and act quickly. Absconding cases can block future visa applications and lead to a travel ban, so early intervention is your best defence.
The safest approach for job seekers
When it comes to visa processing delays, documentation and timing make all the difference.
Never let a visit visa expire without confirmed residency approval. Keep a written record of every single communication with your HR department. If a company tells you to “just wait”, remind them politely that your visa is expiring.
Have you ever had to deal with an overstay fine because of an employer’s mistake? Let us know in the comments below, or check out our forum to discuss your rights with other UAE expats.
