Many expatriate women in the UAE live under the sponsorship of their husbands. But what happens to their residency status when the couple decides to divorce? This is a concern for many homemakers or women who are financially dependent on their spouse.
This article provides an overview of UAE law on visa sponsorship post-divorce, your rights as a woman living in the UAE, and how you can continue to live in the UAE legally after a separation.
Also read: Extend Visit Visa in UAE
Can a Woman Stay in the UAE After Divorce?
Yes, a woman can stay in the UAE after divorce and even if she was living under her husband’s sponsorship. As stated by the Federal Authority for Identity, Citizenship, Customs and Port Security (ICP):
- A woman whose husband divorces her or dies can be allowed to reside in the UAE by the UAE Government for a year on her residence visa.
- The period of validity starts from the date of the husband’s demise or divorce. This type of visa is renewable for one time only and does not require a substitute sponsor.
- The extension is also valid for the woman’s children if they were on their father’s visa at the time of the father’s death or the parents’ divorce.
Visa Extension Eligibility for Divorced Women: Key Points
- Divorced women whose residency visas were sponsored by their former husbands at the time of divorce are eligible.
- The residency visa must still be valid at the time of divorce.
- Some women can apply for visa extensions without children.
- The children’s residency extension period cannot exceed the mother’s extended residency.
Application Process for Residency Extension
To extend residency, the following documents and steps are required:
- Apply for residency extension under the Decree.
- A copy of the divorce or death certificate.
- Housing availability and the ability to earn a living.
- A medical examination certificate for the applicant and children above 18 years.
- ID and health insurance cards, as applicable in the UAE.
Fees for Visa Extension
Beneficiaries of this extension must pay:
- AED 100 for one year of residency fees.
- Cancellation fees for the previous residency visa.
- There are no “instead of leaving” fees, as this is related to residency extension.
Note: Visa and related charges are uncertain and are likely to change. You are, thus, advised to cross-check this information with the official GDRFA website or consult a lawyer.
Additional Benefits
- Divorced women and widows receive special facilitations under the decree to make them stable.
- This rule is in harmony with the UAE’s vision of happiness and meeting the needs of the residents.
Thus, divorced women can apply for a residency visa extension in the UAE without any hassle and get a sense of security and continuity during such periods. This rule demonstrates the UAE’s efforts to enhance the standard of living of its citizens.
Other Residences in the UAE Options
The one-year extension is a temporary solution. In the meantime, you may want to consider other residency options to ensure that you are secure in the UAE:
- Employment Visa: If you get a job, your employer can sponsor you on an employment visa.
- Investor Visa: You can get an investor visa if you are in business or if you buy a property.
- Family Sponsor: If you have adult children or eligible family members, they may be able to sponsor you.
These options enable one to stay in the UAE on their own.
Divorce and Other Legal Issues
Divorce doesn’t just affect visa status. Child custody and financial support for the child are also significant.
Child Custody in the UAE
Child custody is normally given to the mother, while the father remains the financial guardian. The UAE has two laws that govern marriage and divorce: Federal Law No. 28 of 2005 on Personal Status and Federal Law No. 41 of 2022 for non-Muslim residents. The law that will apply will depend on whether the couple is Muslim or non-Muslim and from which country they hail.
Alimony and Financial Support
The financial assistance homemakers need after divorce remains crucial for their well-being. The court bases its decisions about alimony payments and child support on the husband’s earnings, together with the standard of living the family maintained. The payments from the husband support both the wife and their children.
Steps to Take After Divorce
The following procedures must be followed by UAE residents who seek a divorce:
- Apply for a Visa Extension: The wife should contact the General Directorate of Residency and Foreigners Affairs to submit a request for the one-year visa extension.
- Consider Residency Alternatives: Use this extension duration to look for permanent residence possibilities, including employment or business investments.
- Consult a Lawyer: Legal experts provide you with knowledge about your rights as well as assist you in preparing divorce documents while helping you obtain financial assistance.
- Plan Your Finances: Homemakers need to develop financial plans that provide stability for themselves and their children.
Why Legal Advice is Important
The process of obtaining a divorce, together with visa procedures, tends to be complicated when you are in a foreign country. A UAE family and immigration law specialist can assist you through the process while protecting your rights because of their legal expertise.
How HHS Lawyers Can Assist You
Divorce represents both emotional and legal challenges that affect expatriate women in particular throughout the UAE. At HHS Lawyers, our family law and immigration lawyers provide guidance throughout your entire divorce process, from obtaining a post-divorce visa to securing custody and obtaining financial support.
We assist in:
- Divorce proceedings
- Visa extension applications
- Child custody and support claims
- Alimony and spousal maintenance
- Legal representation in family court
You should contact HHS Lawyers today to schedule your appointment. Our team will assist you in obtaining your future residence in the UAE.
