Business Incorporation in the UAE
1. Definitions
Any capitalized terms used in this document shall have the meaning given to them in the Ezeebiz Standard Terms and Conditions. Please request a copy of these Terms and Conditions if you have not yet received one.
2. Schedules
Please also refer to the relevant Schedules to this document, which contain information specific to the various onshore and offshore jurisdictions.
3. Changes
3.1 This document is intended for information purposes only to assist you in setting up your company.
3.2 Whilst the information provided in this document is correct at the time of print as far as Ezeebiz is aware, the accuracy of the information may change at any time in accordance with relevant law, regulation or practice.
3.3 It is not the responsibility of Ezeebiz to keep the Customer or any visa applicant updated on an ongoing basis as to any changes to the information provided in this document.
3.4 Under no circumstances shall Ezeebiz be liable for any inaccuracy of any information provided in this document. It is solely your responsibility to inform yourself and any visa applicant of relevant law and regulation relevant to the set-up of your company and application/issuance of any visas.
3.5 Should Ezeebiz offer any promotions, these will be for a specified time only and you will not be permitted to take advantage of any promotions after such time.
4. Public holidays
During periods in and around Ramadan, days of mourning, Eid and other national and religious holidays, all indicative timelines are likely to become subject to delay.
5. Visa application process
5.1 Ezeebiz is legally obliged to keep the visa applicant informed of the progress of their visa application and is obliged to release the visa and passport directly to the visa applicant unless expressly directed otherwise by them.
5.2 All visa related documents submitted to Ezeebiz (no matter what time of day) will always processed the following Business Day.
5.3 If a "Unified Number" is required in the visa application process, GCC nationals will be required to personally visit the main or airport terminal 3 immigration offices to obtain, their Unified Number report. The fee for this service is AED 250 for each shareholder and the estimated processing time is three (3) Business Days.
5.4 If, at any time during the visa application process, the visa application is terminated or cancelled by either yourself, the visa applicant or the relevant authority, you shall not be entitled to any refund. If you or the visa applicant wish to recommence a visa application, you must start the process from the beginning and the payment is required to be settled in full.
5.5 Any overstay fines must be settled prior to an entry visa being issued and the visa applicant will incur an administration fee plus typing fees. Once the fines are paid and the entry visa issued, the visa applicant must complete an in-country change of status and fines may be incurred from the day the visa is issued until the change of status is completed. The visa applicant will not be able to carry out the change of status by exiting and re-entering the country without paying the overstaying fines.
5.6 If the visa applicant is out of the country when their entry visa is issued, they are required to enter the country on their new entry visa. They will not be permitted to enter the country on a tourist visa or visit visa or visa on arrival.
5.7 In order to maintain a UAE residency, residents are required to enter the country at least once every 180 calendar days.
5.8 Change of status is required to be completed prior to applying for an Emirates ID Card and medical test.
5.9 Should the visa applicant be outside the country when their visa is issued, and they are not from one of the 56 countries granted a visa on arrival (please request a full list of these countries from Ezeebiz if required) and they are entering the UAE on their new entry visa, which will constitute their change of status, they should ensure they contact their airline prior to travelling, as many airlines will need to verify a copy of their entry visa prior to travel and provide them with an 'OK to Board' authorisation. The same would apply if the visa applicant is inside the country when the visa is issued and plans to exit the country with their visa in hand and then re-enter the UAE by air.
5.10 Should there be a visa application under process and the visa applicant wishes to travel in and out of the UAE, and they are a national of one of the 56 countries who are granted visit visas on arrival, they should contact Ezeebiz before re-entering the UAE, as if their visa application has cleared security approval, they may have to wait until their new employment visa has been issued and to re-enter the UAE using that visa.
5.11 If the applicant is on a 30-day grace period from a cancelled visa, and a new e-visa is issued, the applicant may not need to exit the country for the change of status to be completed. An in-country change of status only needs to be initiated.
5.12 If you are Schengen National and have exhausted the 90 day visit period granted by immigration, you need to exit and be out of the country for at least 90 days before you can re-enter the UAE with a tourist visa.
5.13 For helper/maid/driver visa applications, the applicant will not be able to proceed for an in-country change of status if the maid/helper/driver is here in the UAE on a tourist visa. They will need to make an airport-to-airport transfer to complete their change of status.
5.14 When a visa applicant is entering the country on their new entry visa, they must carry out an eye scan at the airport on arrival and ensure the immigration official stamps the entry visa as well as their passport. They should not enter on their e-gate card.
5.15 Once the change of status has been completed, a visa applicant will not be able to travel outside of the UAE until their passport has been stamped with their residency visa.
5.16 The visa process for certain nationalities may take longer than the indicative timelines provided by Ezeebiz.
5.17 If your application gets returned due to pending documents (for example, cancelled UAE Residence Visa), immigration will grant you only ten (10) Business Days to complete and re-submit the application. Non- compliance will result in the application being rejected and the full visa fees will need to be repaid to restart the application.
5.18 For certain nationalities immigration officials have been known to request to be shown birth certificates and/or attested copies of passports and/or the original passports prior to approving the issuance of the entry visa.
5.19 Even if a visa applicant's place of birth and nationality isn't from one of the restricted countries but their name is deemed to have originated from one of those countries, they will experience delays and possible rejection for both their Immigration Card and visa release.
5.20 On occasion, delays may be caused at the time of an applicant's Entry Visa release, due to 'un-cleared previous visit visas'. This can occur when a national of one of the 56 countries granted a visit visa on arrival may have previously entered the UAE at one entry point and exited from another and the exit had not been updated in the Immigration system.
5.21 When this occurs, we will alert the applicant of the details that we have received from Immigration and return their passport to them, and they will be required to visit the point where they exited from and present Immigration there their passport, alerting them of the un-cleared exit date. They should request them to clear the exist in their system, after which the visa applicant may return their passport to us, and we will resubmit it for residency stamping. The standard timeline to complete this is sixteen (16) business days.
5.22 The timeline for passport and Emirates ID issuance remains the same, even if PRO assistance for the medical test and Emirates ID application is provided. This does not expedite the Emirates ID and passport stamping process.
5.23 The timeframe for the issuance of Emirates ID is solely at the discretion of the Emirates ID Authority and is outside the control of Ezeebiz. Generally, it takes fifteen (15) business days from the date of issuance of the residence visa.
5.24 If a visa applicant has lost or surrendered their Emirates ID and does not have a copy of both sides, they should submit a copy of their passport with the previous visa and one passport sized photo to an authorized Emirates ID Authority Typing Centre. They will then forward this to the Emirates ID Authority with a request to obtain their previous Emirates ID Card number which will be required in order to type the Emirates ID Card renewal application. The response time for obtaining the previous Emirates ID Card number from the Emirates ID Authority normally takes less than one (1) Business Day.
5.25 When a visa holder is renewing their passport, ensure that the new passport reflects the same name as on the original passport.
5.26 In order to secure a customs code (import/export code), the Manager on the license must have a valid UAE residency visa.
5.27 If your previous UAE residence visa carried your maiden name, and you now have a new passport with your married name, you will need to provide us with a certificate from your embassy/consulate stipulating the change of name. This certificate will need to be attested by the Ministry of Foreign Affairs in the UAE and legally translated into Arabic. If your embassy/consulate don't issue a change of name certificate, you will need to obtain written confirmation from the embassy/consulate stating that they do not provide such a document which will also need to be legally translated into Arabic.
5.28 If the application for your entry visa is rejected as a result of not clearing 'security approval', you will be ineligible to apply for and secure a tourist visa in the future. This does not apply to nationals of the 56 countries who are granted visas on arrival.
5.29 If you are carrying more than one (1) passport, please ensure you inform a Ezeebiz representative of the same. Furthermore, please note that you will be unable to travel on your 2nd passport (the one not submitted towards your visa process) whilst your visa application is in process.
5.30 If your normal passport which holds your valid UAE residence visa has run out of pages and/or expired, you will not be permitted to enter UAE on a temporary passport. You will need to wait until your new normal passport has been issued and then travel carrying both your new passport as well as your previous passport which holds your valid UAE residence visa.
5.31 If you have recently visited Kish or Iran or any other territory of Iran, you will only be able to apply for a UAE residency visa 6 months from the date you left Kish or Iran. Moreover, if you have any valid visa to Iran (used or not) you will also not be able to apply or renew your UAE residency visa.
5.32 We hold no responsibility for the issuance or delivery, or delays related to Emirates ID Cards, or if the applicant is requested by the Emirates ID Card Authority to return to the ID Card centre to redo the biodata procedure.
5.33 Handwritten passports are no longer accepted, all passport copies submitted should be electronic/typed passports.
5.34 Passports bearing only your first name and no surname will not be accepted.
5.35 If the shareholder/manager only has one name on the passport, father's name/surname will be included and will be reflected in the complete company documents.
5.36 The passport used in the incorporation of the company license and visa application has to be the same. If you are holding two passports, whether from the same country or from different countries, you will not be able to use one passport for one application and the other passport for the other, the same passport will need to be used for all applications.
5.37 If you have been issued a passport which is valid for less than three years, then you will only be issued a visa for the same length of time i.e. if your passport carries a validity of two years, then your visa will also only be for two years.
5.38 Any amendments to the passport's appearance i.e. design, format or validity, has to be updated in the immigration system. This process will take longer than the usual timeline and will require additional documentation such as an attested letter of confirmation from their respective embassy or consulate.
5.39 If a visa applicant has several previous UAE residency visas where their profession is mentioned as 'housemaid' they will not be able to obtain an employment visa under the company. Please contact us for further clarification and updates as the situation remains fluid in these cases, and on occasion, exceptions have been granted if the housemaid holds an attested degree certificate.
5.40 Any time any application needs to be re-submitted i.e. Trade License, Immigration Card, Entry Visa, Residency Stamping applications; the timelines for completing said process will be as if it were a new application.
5.41 All outstanding traffic fines have to be settled prior to applying for your visa as well as cancelling your visa.
5.42 Please note that visas issued on the company are exclusively for person/s working for that company. If a company is found to be selling visas and/or a visa holder is engaging in work for another company, the person/s in question is/ are likely to face legal prosecution and deportation.
5.43 An applicant will not be sent any reminder from Ezeebiz prior to the expiry of any residency visa. The relevant person should contact Ezeebiz at least 30 working days prior to expiry of the residency visa to commence the renewal process.
6. Company documentation and registered address
6.1 Company documentation (including trade license s) is issued by the relevant authority, and visas are issued from the relevant immigration authority. The registered address for your new company will be as set out on your Trade License.
6.2 The registered address should be featured on your company stamp and should be used on all official company correspondence and documentation, including contracts and invoices.
6.3 In the case of a flexi-desk arrangement in a free zone, the P.O. Box details that appear on your trade license may not be used to receive any mail or packages in your name or in the name of any of your employees or in the name of your company. Note that any mail or packages sent to this P.O. Box will be destroyed.
6.4 You will not be able to secure an independent physical P.O. Box in Dubai with Empost for your company where such company is set up in a free zone in another emirate.
6.5 Should you subscribe to a P.O. Box with Empost for your company, please be informed that you will not be able to cancel the P.O. Box unless you also close down your company.
6.6 The Ministry of Finance will not issue Tax Residency Certificates to Offshore Companies and Branches of Foreign Companies.
7. Branches and subsidiaries
7.1 If your company is a branch of a company or partially or fully owned by another company, at the time of opening the company bank account you will be required to submit a current attested Certificate of Incumbency and a current attested Certificate of Good Standing.
7.2 If you are planning to open a branch or subsidiary of another company registered in the UAE, you will be required to submit a board resolution.
7.3 If your company is a branch or a subsidiary of a non-UAE company, you will need to submit the Certificate of Good Standing of the parent company in order to form your new company and annually in order to renew your license. Furthermore, the certificate will need to be attested by the UAE Embassy in the country of origin as well as the Ministry of Foreign Affairs in the UAE.
7.4 You must be able to identify the individuals named beneficial owners of any shareholder or parent company. You may not be permitted to open a bank account without providing this information.
7.5 In accordance with your trade license and visa, you may not be able to permanently work from any third-party offices or locations However, if your company is engaged in a specific project with a client that requires your regular presence at the clients' premises, you will be able to visit and work from your clients' premises until the project is complete. Please note that in this scenario when you visit your clients' premises you will need to sign the visitors' book, wear a visitor's badge, and work from a communal area. Please request further information from Ezeebiz in relation to your particular circumstances.
7.6 If you are planning to open a branch or subsidiary of another Free Zone or Offshore company registered in the UAE you will require a NOC from the relevant licensed authority.
8. Company names
8.1 Any name that compromises the various versions of the Almighty God, sectarian names or terms, names with religious connotations or symbols, names of the ruling family, names or emblems of any emirate or local, regional or international organizations, foundations, establishments and countries is not permitted.
8.2 Please note the words 'Dubai', 'Abu Dhabi', 'Sharjah', 'RAK', 'Ras Al Khaimah', 'Ajman', 'Fujairah', 'Umm Al-Quwain', 'UAE', 'Emirates', 'Limited', 'Ltd, 'Financial' or 'Agriculture' can NOT be used in company names, neither can the words 'Islam', 'Islamic' or 'Bomb' or any other words related to any religion. The words 'Import', 'Export' or 'Manufacturing' also cannot be used.
8.3 Words derived from the following are also restricted: 'Corporation', 'Olympic', 'Jumaira', 'Nakheel', 'Palm', 'Zaabeel', 'Maidan', 'Salik', 'Al-Arab', 'Al-Wasl', 'Al-Marsa, 'Zelzal', 'Arsa', 'Al-Haditha', 'Al- Jadidah' and the words 'City' and 'Village' in cases where the trade name starts with one of those words.
8.4 Any name that violates the public order and morals is not permitted.
9. Bank accounts
9.1 You will not be able to open your bank account in absentia. All relevant parties will need to be physically present in the UAE when meeting with the banker. However, in certain circumstances, if any of the Shareholders and/or General Manager cannot personally be present in the UAE to open the company Bank Account, some banks will accept an attested Board Resolution and/or Power of Attorney from all of the absent Shareholders and/or General Manager in order to complete the bank account opening procedure. We are able to assist with drafting these and you should contact the banks for further details.
9.2 If you will be applying for visas under the company, you will need to open a company bank account and make monthly salary payments from your company bank account. All employees under the company will need to open personal bank accounts as well.
9.3 Ezeebiz is able to provide you with a list of banking contacts you may contact the bank directly to assist you with your banking requirements. Ezeebiz is not involved in this process beyond providing the list of banking contacts. Please note you are not required to utilise the Ezeebiz banking contacts to open company accounts.
9.4 Ezeebiz does not provide any assurances that your company bank account will be successfully opened or how long it will take for the bank account to be opened.
9.5 You will be required to satisfy the conditions and protocols of the bank in order to successfully open and maintain a company bank account.
9.6 In order to keep your company bank account active, you will need to lodge your renewed Trade License annually with the bank on or before the expiry date of your current Trade License .
9.7 In order to secure a utility bill in your personal name you will need to lease residential premises in the UAE, and in order to secure a utility bill in your company name, you will need to lease physical permanent office space.
9.8 Most of the banks require a physical office in order to open a bank account. Please contact the respective bank for further details.
10. Company closure
10.1 A company license should not be cancelled if it still holds corporate bank accounts in the UAE and overseas or has outstanding loans, creditors or holds assets in the UAE and overseas.
10.2 You will not be able to let your company license or visas simply lapse, you will be required to cancel the company license and the visas (both employees' and dependents'). This will otherwise result in fines and your company being noted as a defaulter in free zone records.
