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UAE Good Conduct law: Everything you need to know

No, before Feb. 4, no. If they (employment visas) are already under process, they will be processed even without it (certificate).

DUBAI: A top official of the Ministry of Human Resources and Emiratization (MOHRE) has said employment visas already being processed before Cabinet Decree 1/8 of 2017 took effect on Feb. 4 are not covered by the statute’s requirement for a Certificate of Good Conduct.

The new law requires all foreign workers seeking employment in the UAE to obtain a Certificate of Good Conduct from their home country as part of efforts to safeguard national security. Certifications like this are standard requirements for expatriates in most countries.

In an exclusive interview with The Filipino Times, H.E. Khalil Ebrahim Yousif Al Khoori, director of MOHRE’s Domestic Worker Permits and Licensing Department, said the statute exempts visit visa holders whose documents for work were already being processed at the time the law was implemented.

“No, before Feb. 4, no. If they (employment visas) are already under process, they will be processed even without it (certificate),” Al Khoori said.

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H.E. Khalil Ebrahim Yousif Al Khoori

The official also clarified that foreign workers who already were in the UAE for less than five years and are transferring to another employer will be required the certificate. This, to ensure the new employer that the person being hired has no criminal records.

“If the employees have worked for less than five years and they transferred from one job to a new one, we will require this,” Al Khoori said.

On the other hand, employees whose contracts are being renewed with the same company where they have stayed for less than five years are not required the certificate, the official said.

“If it’s the same company, or same owner – no. We will only ask for the certificate or clearance for new entries,” Al Khoori said.

Foreign workers who have been in the country for more than five years will have to obtain their certificate from the UAE authorities, according to the law.

Al Khoori said new foreign workers should bring their police  clearance from their country to obtain the good conduct certificate.

This was echoed by Vice Consul Von Ryan Pangwi, head of the embassy’s consular affairs department who, noting the length of additional time it will take for an NBI clearance to be processed accordingly, advised that Filipinos planning to go to the UAE with intent to look for jobs should bring the required document along.

“Kung nasa Pilipinas pa at nagbabalak na pumunta dito, eh kumuha na duon ng NBI Clearance,” Pangwi said.  (If they are still in the Philippines and they want to go here, they should get their NBI Clearance there before leaving.)

MOHRE’s key duties include proposing federal laws for the regulation of labor and labor affairs; supervising the implementation of these laws; managing the job market; proposing labor policies well-suited to the UAE; and organizing labor relationships.

2 Vice Consul Von Ryan Pangwi
Vice Consul Von Ryan Pangwi

 

Visit visa holders

This at hand, Filipinos job-hunting in the UAE for the first time on visit visas will take longer and spend more to obtain work permits – almost one month and up to Dh1,200 additional cost.

The Philippine Embassy as well as Consulate General have issued an announcement on the steps to be taken for the certificate to be obtained, explaining that a clearance from the National Bureau of Investigation would suffice.

The steps would, among others, require the visit visa holder to have an NBI form # 5 from the embassy or PCG notarized, then apply for a special power of attorney (SPA) authorizing his or her representative in the Philippines to submit the said form to the NBI office for issuance of a clearance.

Upon release from NBI, the representative would need the document to be authenticated with the Department of Foreign Affairs (DFA) and attested by the UAE Embassy in Manila.

3 Lou Olvido Parroco first right
Lou Olvido Parroco (first right)

Lou Parocco, who had managed and directed multi-national as well as government companies for the past 21 years, said that to be heavily impacted by the new law are those who are in the country and looking for a job on a visit visa.

“Specifically, yung mga first time visit visa holders na nandito na, may job offer na at malapit nang matapos ang visit visa period nila,” Parocco, who has been working as human resource director at a multinational company in Dubai, said.

Vagelyn Federico, also an HR expert, said that as the new law will make the processing time longer, those coming to the UAE to take their chances should consider having their NBI clearance with them.

“It will take time,” Federico said.

4 Vagelyn Tumbaga Federico
Vagelyn Tumbaga Federico (Photo credit: expatmedia.net)

 

Jonathan Jacinto, HR director at Tecom media company said that in all, new processing time could entail a minimum of three weeks from the moment the documents leave the UAE to the time the NBI clearance is authenticated by DFA and attested at the UAE embassy in Manila.

This, not counting the days spent in the UAE queueing at PCG or Embassy for the free NBI Clearance Application form (NBI Form # 5), having it filled out, going to the nearest UAE police station for finger printing and waiting for the result.

Jacinto said the applicant must abide by this. “Otherwise hindi mapo-proseso ang employment visa nya at hindi rin sya pwedeng magtrabaho habang wala yung NBI clearance,” he said.

 

Congen Paul goes on social media to explain procedures

Consul General Paul Raymund Cortes has gone on social media to explain in full detail how a obtain a Good Conduct Certificate.

In a video released Feb 4 on his Facebook page, Cortes mentioned that the equivalent of the Good Conduct Certificate in the Philippines is the No Criminal Record document released by the National Bureau of Investigation (NBI).

ConGen Cortes furthers that OFWs can start processing this document in the UAE by visiting the Philippine Consulate. “Bibigyan po namin kayo ng isang form #5, fill up po ninyo and pumunta sa pinakamalapit na police station kung saan kailangan po kayo magpa-fingerprint.”

He went on to explain the following steps  and assured that his office will be posting a notice on their Facebook page about the entire process. He asked the public to share the video to spread awareness about the process.

Consul General Paul Raymund Cortes 1
Consul General Paul Raymund Cortes

 

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WHAT MOHRE SAYS

• Documents being processed for employment visas before the law took effect on Feb. 4, 2018 are not required to have Certificate of Good Conduct.
• Foreign workers who have been with the same company past five years need are not required Certificate of Good Conduct.
• Foreign workers who have been in the UAE for less than five years and is transferring employment to a different company needs to submit Certificate of Good Conduct.
• Foreign workers staying in the UAE for more than five years will have to obtain their Certificate of Good Conduct from UAE police.

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How to secure your NBI Clearance from the Philippines

Philippine Consulate General

1. Secure NBI Clearance Form No. 5 from the Philippine Consulate General. NOTE: The form is free and not for sale.
2. Fill out Form No. 5 and go to the nearest police station for fingerprinting, which should be rolled impressions. The person who took the fingerprint impression must sign on the Form.
3. Return to the Philippine Consulate General to have the NBI Form No. 5 notarized and to apply for a Special Power of Attorney (SPA) authorizing your representative in the Philippines to submit accomplished Form No. 5 to the NBI office.

Upon release of the NBI Clearance, your representative will also request for the authentication of the document with the Department of Foreign Affairs, and apply for attestation of the said document at the UAE Embassy in Manila before mailing it back to you.

Checklist
• Special Power of Attorney
• Original and photocopy of NBI Application form with fingerprint specimen and signature of police officer
• One (1) 2×2 ID photo with white background to be attached in the NBI Form No. 5.
• Four (4) copies of applicant’s passport identification page.

*Please send an email to [email protected] for any notarial related inquiries.

Philippine Embassy

1. Get your queueing number from the doorman before entering the Consular Section.
2. When your number appears on the board or is called out, proceed to Counter B to get an NBI Form No. 5.
3. Fill up the NBI Form properly. Avoid erasures.
4. Affix a passport-size picture with white background.
5. Proceed to the Abu Dhabi Immigration Office (Near St. Joseph Church, Al Saada St.) and purchase E-Dirham (50 AED).
6. Go to the CID-Ministry of Interior, near the Grand Mosque for finger printing.
7. Present the E-Dirham as payment for the finger printing.
8. Go back to the Embassy and get your queuing number from the doorman before entering the Consular Section. When your number appears on the board or your number is called out, submit at Counter B your accomplished NBI form and provide a photocopy (back-to-back) and a copy of passport.
9. Proceed to the cashier to pay 100 AED notary fee.
10. The NBI form will be released in three (3) working days.
11. To claim your NBI Form No. 5, get your queuing number from the doorman before entering the Consular Section. When your number appears on the board or your number is called out, present your claim stub and claim your certified NBI Form No. 5.
12. Send the certified NBI Form No. 5 to the National Bureau of Investigation (Identification and Records Division) in the Philippines by mail or through your authorized representative in the Philippines, who can submit the application, and collect the NBI clearance. A separate fee is charged by the NBI for the NBI clearance.

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By Jojo Dass and Neil Bie

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