What’s really going on
Passports in the UAE are only confiscated by legal authorities in narrow situations—think active investigations, court or police orders, or travel bans tied to ongoing claims. Employers and private parties can’t legally keep your passport, and any “just hold it for safety” excuse doesn’t fly without your clear written consent.
Now, if a travel ban is in play, courts often grant conditional bail. Here’s where guarantees come in: the court may accept your passport or a guarantor’s passport (often a friend or relative who’s a UAE resident or national), sometimes alongside a monetary bond. Ultimately, the judge decides what’s acceptable and may ask for proof of financial standing.
Can a friend be your guarantor?
Yes—if they meet residency/citizenship requirements and understand the risk. Your guarantor typically submits their passport or a financial guarantee, signs a legal undertaking, and becomes responsible if you don’t follow court orders or appear when required. Judges have full discretion to accept or reject a guarantor. Honestly, this is a serious commitment for your friend—treat it that way.
My take from the trenches
I’ve seen cases stall because the accused scrambled for a suitable guarantor at the last minute. But here’s the thing: when you prepare early—line up a qualified friend, gather proof of their residency and financial stability, and stay responsive—courts tend to move faster and smoother. The law provides a path; your preparation decides how bumpy it feels.
How to stop an employer from keeping your passport
You have more leverage than you think. UAE labor rules prohibit routine passport retention by employers except for brief, legitimate tasks like visa stamping—and even then, only with your explicit consent. If your employer asks to “hold it,” this is your playbook:
Step-by-step action plan
- Say no—politely but firmly. Your passport is your property. Any holding must be brief and specific (e.g., stamping) and never open-ended.
- Put it in writing. Send a formal email requesting immediate return if they have it already. Keep a copy.
- Escalate to MOHRE. File a complaint online or at a labor office. MOHRE routinely orders employers to return passports and enforces compliance.
- If they still refuse, go to the labor court. Courts can trigger police enforcement and impose fines—up to AED 20,000 per passport—and even jail time for employers who won’t comply.
Consent & “waivers”: read this twice
- Short, specific, written consent only. You can demand your passport back at any time.
- Avoid blanket waivers. Even if you’ve already signed one, you can still insist on immediate return—the law backs you.
Quick checklist if pressure builds
- Refuse any handover outside proper procedures.
- Reference Federal Decree Law No. 33 of 2021, relevant MOHRE circulars, and Ministry of Interior Circular No. 267 of 2002 in your written request/complaint.
- Get a labor lawyer to draft a memo if needed and submit it with your MOHRE/court filings.
Bottom line
Courts control passport confiscation—not employers. If you’re under a travel ban, a friend can step in as a guarantor (if eligible), but the judge calls the shots. And if an employer is holding your passport, you have clear steps to get it back—fast. Stay calm, document everything, and use the system the way it was designed.
Your move: Which step can you take today—lining up a qualified guarantor, or drafting that MOHRE complaint? Start there and keep momentum.
Disclaimer: This article is for general information only and does not constitute legal advice. The author assumes no responsibility or liability for actions taken based on its contents. For advice on your specific situation, consult a qualified lawyer.
Call Lawyers at +971506531334 +971558018669
https://www.lawyersuae.com/
