Quick Answer: No. Employer holding passport after visa cancellation UAE is illegal under Federal Decree-Law No. 33 of 2021 and Ministry of Interior Circular No. 267 of 2002. A passport is the personal property of its holder at all times. If your employer is not giving your passport after cancellation, you can file a MOHRE complaint for passport confiscation, contact the MOHRE hotline 600 590 000, file a police report, or seek embassy intervention. Penalties for employers who illegally withhold official identity documents include fines of up to AED 20,000 and potential imprisonment.
Handing over a passport to an employer is a practice that unfortunately persists in parts of the UAE, often presented as routine or as a condition of employment. Many workers assume it is normal. It is not. It has never been legal.Â
And when visa cancellation enters the picture, the situation becomes significantly more serious because without a passport, the employee cannot complete the visa cancellation process, access their travel documents, or leave the country freely.
This guide explains exactly what UAE labour law says, what limited exceptions exist, what your options are if your employer is withholding your passport, and how to claim pending salary after visa cancellation while pursuing passport retrieval simultaneously.
What UAE Labour Law Says About Passport Retention
The legal position in the UAE on passport retention is clear, consistent, and has been reinforced through multiple pieces of legislation. There is no grey area on the core question.
Under Federal Decree-Law No. 33 of 2021, which governs all private-sector employment relationships in the UAE, employers are explicitly prohibited from withholding official documents from their workers. Article 13, Clause 2 of Federal Decree-Law No. 33 of 2021 states that an employer must not withhold the official documents of the worker or force them to leave the country at the end of the employment relationship.Â
The prohibition covers passports, Emirates IDs, educational certificates, and any other official identity or professional document belonging to the employee.
Ministry of Interior Circulars
Beyond the labour law framework, the Ministry of Interior issued Circular No. 267 of 2002, which explicitly prohibits employers from holding employee passports except for the limited purpose of processing official visa procedures, and even then only temporarily until that procedure is complete. This MoI position predates the current labour law by nearly two decades, confirming that illegal withholding of official identity documents has been a recognised violation for a long time.
UAE Penal Code Protections
Under Article 433 of the UAE Penal Code, unlawfully restricting a person’s freedom of movement is a criminal offence. Confiscating a passport is treated as a form of unlawful restriction because it prevents the holder from travelling, seeking other employment, or accessing essential government services.Â
This protection applies regardless of whether the employee is still employed, on notice, or has already had their visa cancelled.
Is There Any Situation Where an Employer Can Hold a Passport?
This question comes up frequently, and the answer requires precise framing. The only circumstances where an employer may temporarily hold a passport are for official administrative procedures such as initial visa stamping, residence visa renewal, or visa cancellation processing through GDRFA.
Even in these situations, the passport must be returned directly to the employee as soon as the procedure is complete. Retaining a passport beyond what the specific administrative process requires is illegal, even when the original handover was voluntary. There is no employment contract clause, company policy, or verbal agreement that can override this protection under UAE labour law.
What Voluntary Consent Does and Does Not Cover
Some employees hand over their passport willingly at the start of employment under the impression that they have consented to storage. Under UAE law, voluntary consent does not make indefinite passport retention legal.Â
The prohibition on illegal withholding of official identity documents applies regardless of initial consent, meaning an employer cannot rely on early agreement to justify continued retention particularly after the employment relationship ends.
Employer Not Giving Passport After Visa Cancellation: Why It Happens
Employer not giving passport after cancellation is most commonly encountered in three situations: where the employer is attempting to pressure the employee into dropping a salary or end-of-service claim, where the employer is using the passport as leverage to prevent the employee from leaving before a replacement is found, and where the employer simply has not followed the correct visa cancellation process in Dubai and the document is caught up in an administrative delay.
None of these situations justify withholding the passport. The visa cancellation process in Dubai requires the employer to facilitate the cancellation and return documents promptly once completed.Â
An employer who holds a passport to exert pressure on a departing employee is committing a violation under both UAE labour law and the UAE Penal Code simultaneously.
How to Get Your Passport Back: Step-by-Step
If your employer is holding your passport after visa cancellation in UAE, there is a clear sequence of actions that escalate from informal to formal depending on how the employer responds.
Step 1: Make a Written Request
Begin with a written request to the employer or HR department citing your rights under Federal Decree-Law No. 33 of 2021 and requesting the immediate return of your passport. Send this via email or WhatsApp to create a documented record of the request and the date it was made. Keep copies of all communication.
Step 2: File a MOHRE Complaint for Passport Confiscation
If the written request is ignored or refused, file a formal MOHRE complaint for passport confiscation through the MOHRE e-services portal at mohre.gov.ae, through the MOHRE mobile app, or in person at a Tasheel service center.
For residents who prefer guided assistance with the complaint submission process, typing services for MOHRE complaint are available at authorised Tasheel and Amer centres across Dubai. Staff at these centres can help draft and submit the complaint correctly to ensure it is processed without delay.
MOHRE will contact the employer as part of the complaint process and can take enforcement action including fines and permit suspensions against employers who fail to comply.
MOHRE Hotline 600 590 000
For immediate guidance on how to file a MOHRE complaint for passport confiscation or to understand what steps apply to your specific situation, call the MOHRE hotline 600 590 000. The line is available in multiple languages during government working hours and can direct you to the correct complaint channel based on your visa type and emirate.
Step 3: File a Police Report for Withheld Passport
If MOHRE intervention does not result in the return of your passport, the next step is to file a police report for lost passport or withheld passport at the nearest police station. In Dubai, this can also be submitted through the Dubai Police app. A police report formally records the withholding as a criminal matter under the UAE Penal Code and opens the pathway to prosecution for illegal withholding of official identity documents.
Having a police report reference also strengthens any parallel claim for pending salary after visa cancellation or end-of-service entitlements that may be part of the same dispute.
Step 4: Embassy Intervention for Passport Retrieval
If the passport is lost, damaged, or the employer claims not to have it, embassy intervention for passport retrieval is the appropriate next step. Contact your country’s embassy or consulate in the UAE and report the situation. Embassies can issue emergency travel documents and can formally communicate with UAE authorities on your behalf. Embassy intervention for passport retrieval is particularly important when the passport’s whereabouts are genuinely unclear and a police report alone is insufficient to locate it.
Claiming Pending Salary After Visa Cancellation
Passport withholding frequently occurs alongside disputes over unpaid wages and end-of-service entitlements. These are separate issues legally but often intertwined in practice. An employer cannot use the passport as leverage to settle a salary dispute in their favour.
To claim pending salary after visa cancellation, file a wage complaint through the MOHRE e-services portal or the MOHRE hotline 600 590 000 simultaneously with the passport complaint.Â
Under the 2024 amendments to Federal Decree-Law No. 33 of 2021, MOHRE has binding decision-making authority for disputes not exceeding AED 50,000 and can enforce payment within 14 days without requiring court proceedings. For amounts above this threshold, the case is referred to the Labour Court.
Do not let the passport situation delay the salary claim. Both complaints can and should run concurrently.
Penalties for Employers Who Withhold Passports
Employers who illegally retain employee passports face a range of consequences under UAE law. Fines of up to AED 20,000 apply under Ministry of Interior regulations. Work permit bans can be imposed by MOHRE, preventing the employer from hiring new staff until the violation is resolved. In serious cases involving deliberate withholding with intent to restrict the worker’s freedom, criminal prosecution under the UAE Penal Code is possible, with penalties including imprisonment.
Under the 2024 amendments to Federal Decree-Law No. 33 of 2021, general violations of employer obligations now carry fines ranging from AED 5,000 to AED 1,000,000 depending on severity and whether the violation is repeated.
Conclusion
Employer holding passport after visa cancellation UAE is not a grey area. It is illegal, it has always been illegal, and the legal tools available to employees who face this situation are clear and accessible.Â
Federal Decree-Law No. 33 of 2021, Ministry of Interior circulars, and the UAE Penal Code all reinforce the same position: your passport belongs to you, not your employer, and no employment circumstance justifies its indefinite retention.
If your employer is not giving your passport after cancellation, follow the escalation steps, starting with a written request, moving to a MOHRE complaint for passport confiscation through the MOHRE hotline 600 590 000 or a Tasheel service center, filing a police report if needed, and pursuing embassy intervention for passport retrieval if the document cannot be located.Â
Claim pending salary after visa cancellation simultaneously, so both matters progress in parallel.
For employees who need help navigating the complaint process, QSM Typing Centre assists with MOHRE complaint submission, typing services for MOHRE complaint at authorised centres, and coordination with the relevant authorities throughout the resolution process. Contact our team to get started.
