UAE Employer Holding Your Passport: Your Rights and How to Get It Back

Your passport belongs to you. No employer in the UAE has the right to keep it. If your employer is holding your passport right now, you are not alone — and you have real legal options.

This guide on UAE employer holding passport how to recover your document covers the exact law, step-by-step actions, and what to honestly expect along the way. If you are also dealing with unpaid wages, see our guide on what to do if your salary is also unpaid.

Is It Illegal for Your Employer to Hold Your Passport?

Yes. It is 100% illegal.

UAE Ministry of Interior Circular No. 267 of 2002 bans passport retention by employers. This is reinforced by Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations.

Your passport is a government document. Keeping it without your consent is a criminal offence — not just a labour violation.

The One Exception

An employer may hold your passport temporarily — only for visa stamping or renewal. This requires your written voluntary consent. Once the visa process is done, they must return it immediately.

If your employer is holding it for any other reason, or without your written agreement, that is illegal.

What Is the Penalty for the Employer?

In practice: Enforcement rates are low. Many employers hold passports for years without facing any penalty. This does not mean you have no options — it means you need to push through official channels actively.

UAE Employer Holding Passport How to Recover: Step-by-Step

Here are the exact steps to take when your UAE employer is holding your passport and you need to recover it.

Step 1 — Send a Written Request to HR (Always Do This First)

Send an email to your HR department or manager. Write clearly that you are requesting the return of your passport. State the law if you know it.

Keep it short and professional. The purpose is to create a written record — a paper trail. If you only ask verbally, there is no proof later.

Sample message to copy and send:

Dear HR, I am writing to formally request the return of my original passport, which is currently held by the company. Retaining employee passports is prohibited under UAE Ministry of Interior Circular No. 267 of 2002 and Federal Decree-Law No. 33 of 2021. Please return my passport within 3 working days. Thank you.

Save the sent email. Screenshot your WhatsApp messages if you used that channel instead.

Step 2 — File a MOHRE Complaint

If your employer does not respond or refuses, file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

• Website: mohre.gov.ae
• Mobile app: Search for MOHRE on the App Store or Google Play, then go to Labour Complaints
• Phone: 800-60

MOHRE will contact your employer. Processing time is approximately 14 days. Bring:

• Your Emirates ID
• Copy of your employment contract
• Your written request email (proof you tried first)
• Any communication from your employer

Step 3 — File a Police Report

Go to the nearest police station. Tell them your employer is retaining your passport without consent. This is registered as a Document Retention offence under UAE law.

Bring your Emirates ID. The police can record the complaint even without your physical passport present.

You can also file online at the UAE Police website or through the AMAN app.

Step 4 — Contact Your Home Country Embassy

Your embassy can intervene on your behalf. They can:

• Contact the employer directly
• Assist you in escalating your MOHRE complaint
• Issue an Emergency Travel Certificate if you need to travel urgently (cost: approximately AED 50 to 200)

Embassy Contact Numbers in UAE

If you are from Nepal or another country, search for your country embassy in Abu Dhabi or your country consulate in Dubai to find the correct number.

What Is an Emergency Travel Certificate?

If you need to travel urgently — for a family emergency, for example — your embassy can issue a temporary travel document called an Emergency Travel Certificate (ETC) or Emergency Certificate (EC).

Cost is approximately AED 50 to 200 depending on your nationality. Processing is usually 1 to 3 working days. Contact your embassy directly to confirm the exact requirements.

This document allows you to travel even without your physical passport. You will still need to sort out a replacement passport after you travel.

Honest Warning: What Could Happen When You Report

When you file a MOHRE complaint or police report against your employer, there is a real chance your employer will:

• Terminate your employment
• File a counter-complaint
• Refuse to provide end-of-service gratuity without a fight

This does not mean you should not report. It means you should be prepared. Before filing, consider:

• Do you have copies of all your important documents (contract, salary slips, Emirates ID)?
• Do you know your rights if you are terminated? (See our guide on how to check if a labour ban has been filed against you)
• Do you have a support contact at your embassy?

Many workers successfully get their passports returned after a MOHRE complaint — especially when the complaint is specific and documented.

Common Mistakes Workers Make

• Only asking verbally. Verbal requests leave no record. Always send a written message, even a WhatsApp text, and save it.
• Waiting too long. File a MOHRE complaint if your employer does not respond within a week.
• Not involving the embassy early. Embassies can apply pressure that MOHRE cannot. Contact them early, not as a last resort.
• Thinking passport holding is normal. It is not. It is illegal regardless of what your employer says.
• Handing over the passport again after getting it back. Once you have it back, keep it yourself. Only hand it over for visa stamping with a written receipt.

What Usually Happens Next

After a MOHRE complaint is filed, most employers return the passport within the 14-day processing window. MOHRE contacts the employer and issues a formal notice. For many employers, this official notice is enough.

If the employer still refuses after MOHRE contact, MOHRE can escalate to the public prosecutor. This moves the case into the criminal courts, where the AED 20,000 fine and jail sentence become real possibilities.

If your case is referred to court, you will need a lawyer. Legal aid is available through some embassies — ask your embassy if they have a legal referral service.

If You Are Leaving the UAE Soon

If you have already decided to leave and just need your passport for the exit, the fastest path is:

1. Send the written request to HR with a specific deadline.
2. File a MOHRE complaint the same day — do not wait for HR to respond.
3. Contact your embassy immediately about an Emergency Travel Certificate as a backup.

Do not book non-refundable flights until you have the passport or emergency document confirmed.

Summary of Your Rights

If you are asking about UAE employer holding passport how to recover it — write to HR first, file with MOHRE second, go to the police and your embassy if needed. You have the law on your side.

This article is for general information only and is not legal advice. Rules can change. Always confirm with MOHRE or a qualified legal professional.