In the UAE, it’s unlawful for sponsors to withhold an employee’s passport. The UAE Labor Law ensures the right to retain personal identification documents, including passports, with the rightful owner. If your sponsor is unwilling to return your passport, here’s what you need to know, including legal measures and common questions on this topic.
Legal Framework: Is It Legal for Sponsors to Keep Passports?
Under UAE law, your passport is considered your personal property, and sponsors are not permitted to hold it. According to Article 13 of UAE Labor Law and further clarified by the Ministry of Human Resources and Emiratisation (MOHRE), employers are not allowed to confiscate employee passports without their consent. The only exception is when a passport is needed for official processing, like visa renewals, but it must be returned immediately afterward.
Steps to Take if Your Sponsor Doesn’t Return Your Passport
If you find yourself in a situation where your sponsor refuses to return your passport, consider the following steps:
- Request the Passport Formally
Start by making a formal written request to your sponsor or HR department. An email or written request helps document your case, should you need to escalate the matter. - Contact the Ministry of Human Resources and Emiratisation (MOHRE)
If your request goes unanswered, file a complaint with MOHRE. You can submit a complaint through the MOHRE website, the app, or by calling their hotline. They typically respond to cases involving employment disputes and illegal retention of passports. - Involve Your Embassy or Consulate
If the sponsor still withholds your passport, seek help from your country’s embassy or consulate. They may mediate on your behalf or advise on additional actions you can take under local laws. - File a Police Report
As a last resort, you can report the matter to the police, as withholding a passport is against UAE law. Law enforcement authorities are often able to intervene in such cases to help recover withheld passports.
What Can You Expect?
While filing a complaint can seem intimidating, the UAE government has established clear processes to protect workers’ rights. When you report the issue, expect officials to communicate with your sponsor to resolve it. If your case proceeds through the MOHRE or police, they will investigate and ensure your rights are respected.
FAQ on Passport Retention by Sponsors in UAE
1. Can an employer hold my passport for safekeeping with my permission?
Yes, an employer can hold your passport if you explicitly agree to it. However, you should have this agreement in writing and be able to retrieve your passport whenever needed.
2. What if my sponsor asks for my passport to renew my visa?
It’s common for employers to request passports for visa renewals. However, they should return the passport immediately once the process is completed.
3. Can I be terminated for requesting my passport back?
According to UAE labor law, you cannot be terminated for asserting your legal rights. If your employer threatens termination for asking for your passport, this is also unlawful, and you should report it to MOHRE.
4. How long does it take for MOHRE to resolve such issues?
The timeline varies depending on the case, but MOHRE generally resolves most complaints within a few weeks. They will keep you informed about the status of your case.
5. Will I face repercussions for reporting my sponsor?
Reporting an employer may feel intimidating, but the UAE government prioritizes workers’ rights and takes cases involving passport retention seriously. You’re unlikely to face repercussions if you go through official channels like MOHRE or the police.
6. Can my employer blacklist me for demanding my passport back?
Employers cannot legally blacklist you for asserting your rights. The UAE’s legal system has protections against this, especially in cases where basic worker rights are involved.
Final Thoughts
The UAE’s labor laws protect the right to personal documentation, including your passport. While disputes with sponsors can be stressful, you have resources to ensure your rights are upheld. It’s recommended to follow the formal channels and seek help from government authorities or your embassy when necessary.
Always keep records of communication with your sponsor, as this documentation can help in cases where authorities need evidence of your requests.
You should read this also: Salary Increment Rules and Guidelines
