OtherUpdated Jul 1, 2026

Can UAE Employers Withhold Your Passport? What the Law Actually Says

Passport retention is prohibited under UAE law — a personal-property + human-trafficking issue, not a labor-law one. What legitimate visa processing looks like and how to escalate if your passport is withheld.

The short answer

Your passport is your personal property. A UAE employer cannot keep it against your will. This has been the settled position for decades and is enforced by MOHRE as a labor-law matter and by the police as a personal-property (and, in serious cases, human-trafficking) matter.

This rule sits outside Federal Decree-Law 33/2021 (which governs the employment relationship) — it comes from the general property rules, from Federal Decree-Law 51 of 2006 concerning Combating Human Trafficking, and from repeated MOHRE administrative circulars. There is no employment contract that can override it.

The visa-processing exception (and its limits)

In practice, employers or their PROs do hold employee passports for short windows during specific immigration transactions:

Each of these has a defined start and end. The passport should be returned as soon as the transaction completes — typically within a few days to two weeks. Anything beyond that is unlawful retention, regardless of what "policy" the employer cites.

What legitimate policy looks like

Well-run UAE employers manage this by:

If your employer instead has your passport in a general HR safe "in case", that's the situation the law is designed to prevent.

How to escalate

  1. Written request. Email HR asking for the passport back by a specific date (48–72 hours is reasonable). Keep the message — it's your paper trail.
  2. MOHRE complaint. Via the MOHRE app or 800-84 hotline. Free. MOHRE will contact the employer, and in most cases the passport is returned within days.
  3. Police report. If the passport was taken under duress, or if MOHRE mediation fails, file a report at the nearest police station. Retention of another person's identity document can be treated as a criminal matter, and in the most serious pattern (multiple workers, coercion, wage withholding combined) it can trigger the Combating Human Trafficking Law.

What about tools like the "no-objection certificate"?

Some employers historically demanded an NOC before releasing the passport at the end of employment. That practice is dead — the 2022 labor-law reforms eliminated the NOC requirement in the mainland private sector for most transitions between employers. The passport must be returned on request regardless of the employment outcome.

Related: end-of-contract personal effects

On termination, the employer must promptly return any personal documents held (passport, educational certificates originals, medical records) alongside the end-of-service payment. See the termination compensation guide for the 14-day payment deadline under Article 53 — the same deadline effectively applies to returning personal property.

Frequently asked questions

Is it legal for a UAE employer to keep my passport?+

No. UAE law treats the passport as the personal property of the holder. Retaining an employee's passport without consent is prohibited — it can rise to the level of a criminal offence under Federal Decree-Law 51 of 2006 concerning Combating Human Trafficking, and MOHRE treats it as a labor-law violation.

But my employer says they need it for visa processing?+

The passport can legitimately be with the employer or their PRO for a limited window during specific immigration transactions (visa stamping, medical fitness). It must be returned as soon as that specific transaction is done. Permanent retention 'in case we need it' is not legal.

What can I do if my employer refuses to return my passport?+

Three escalation paths, use in order: (1) written demand to the HR/employer stating the return date; (2) MOHRE complaint via the app or 800-84 hotline — free, fast, and gets a mediator involved; (3) if the passport was taken by force or fraud, a police report can trigger criminal proceedings.

What about signing a document 'authorizing' the employer to hold my passport?+

Such 'authorizations' are generally not enforceable — UAE public policy does not permit contracting out of the personal-property protections around identity documents. Signing does not extinguish the right to demand the passport back at any time.

Can I still travel if my passport is with the employer?+

You are entitled to demand its return before travel. If the employer refuses and travel is imminent, file the MOHRE complaint the same day — they can compel return within a short window. Never leave without your passport in your possession.

Ask Mizan about your specific case

Every answer is grounded in the actual UAE labor-law text with the exact article cited. Free to try — no credit card.

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