The issue of employers holding employee passports remains one of the most common concerns among expatriate workers in the UAE. Although some companies still claim they keep passports for “safekeeping” or administrative reasons, UAE law is clear: a passport is personal property, and an employer cannot retain it without the employee’s voluntary consent. Knowing your rights is essential to avoid misuse and ensure compliance with UAE labour and immigration regulations.
What UAE Law Says About Passport Custody
UAE authorities have repeatedly confirmed that withholding an employee’s passport is illegal. The Ministry of Interior’s Circular No. 267 of 2002 states that a passport may only be held by judicial bodies such as the police, courts, or public prosecution. Employers are not authorised to keep passports except for short, legitimate administrative purposes, such as visa stamping or cancellation, and must return them immediately once the process is complete.
MOHRE also reinforces this position, emphasising that retaining passports without consent violates labour protections and restricts personal freedom.
Is Consent Ever Allowed?
An employer may hold a passport only if the employee gives clear, voluntary, written consent. Even then, the employee must be able to retrieve the passport at any time. Consent obtained through pressure, threats, or fear of losing employment is not considered valid. UAE courts recognise that any form of coercion invalidates an agreement to surrender a passport.
Why Some Employers Still Hold Passports
Despite the legal prohibition, some employers continue this practice, often claiming they are protecting the passport, preventing absconding, or safeguarding against financial risk. However, none of these reasons justify withholding a passport. The UAE government has made it clear that employers must manage their workforce through lawful means and not by restricting an individual’s freedom of movement.
Penalties for Employers Who Withhold Passports
Employers who illegally retain passports may face serious consequences, including fines of up to AED 20,000 per passport, potential imprisonment, labour complaints, and civil claims. In severe cases, passport confiscation may be treated as an indicator of forced labour or human trafficking, exposing the employer to further legal action.
What to Do If Your Employer Refuses to Return Your Passport
If your employer is holding your passport against your will, you have several options. You can start by requesting it in writing and referring to UAE law. If the employer refuses, you may file a complaint with MOHRE, which provides formal dispute resolution services. You can also seek assistance from your embassy or consulate or report the matter to the police. UAE courts consistently order employers to return passports and, in some cases, impose penalties and court fees.
UAE’s Commitment to Protecting Workers’ Rights
The UAE continues to strengthen labour protections, including prohibiting passport confiscation, ensuring workers can leave the country without employer permission, offering free dispute resolution, and improving transparency in employment contracts. These measures reflect the country’s commitment to safeguarding the rights and dignity of all workers.
Under UAE law, your passport belongs to you, and no employer has the right to hold it without your voluntary consent. Although the practice still occurs in some sectors, it remains illegal and subject to strict penalties. If your passport is being withheld, you have clear legal avenues to recover it and protect your rights.
Our team, Ayesha Al Dhaheri Advocates and Legal Consultants, provides professional legal advice to employers and employees in resolving labour disputes, understanding legal obligations, and ensuring full compliance with UAE labour and immigration laws . Our firm is ready to provide clear guidance and professional legal support.