To be Deported because of Scar of 2000

Hi all,

I have been in Dubai for almost 13 years now.

I left my job and have my visa cancelled last 8th May 2018 and did a visa run in Oman for a visit visa on the 6th of June.  Fro then on I have long term visit visas doing Airport to airport visa run via Sharjah Airport

I have just landed a new job last 28th January and officially started last 01 Feb 2018.  I flew out for a visa change last 05 March 2018.  The scar which was with me since 2000 and where i have undergone 2 treatments (in 2010 at Al Baraha Hospital) and in 2013 in Qatar ( i worked there very briefly but they still asked me to go for 2 months treatment) was seen last 05 March 2018.  I was called to report to a medical fitness centre to do my blood test and sputum which were both negative. The radiologist stood on his ground that the scar might recur and since I am applying for a new visa they denied my residence visa.

almost 13 years of my life will be thrown away because of the apparently new regulation that since I do not have a job for more than 6 months even if I am literally in Dubai during the whole duration of job searching, the DHA regulation is clear - I will be deported if I cannot win my case - and banned for life.

May I know if any of you knows of any way I can have the result reversed?  I have an independent result from a highly regarded Pulmonologist in the UAE and the medical fitness Centre director did not even looked at it as if it is just a piece of paper.

I am desperately in need of advise - so anything is appreciated.  I am supporting 3 kids and a father who has throat cancer.

Thank you and God bless

The regulation is not new i.e. lung scars are deport-able offence for a "new" visa.   Unfortunately, in your case, it only applies because of your bad luck i.e. not having a residence visa despite being present in UAE for all of that time.  In the eyes of immigration, you are a "new" visa coming from outside.

Also, there isn't a standard process to reverse the order.  It varies.  You need to try literally everything:

1) Get the case details from back in 2010 - any record would help.  That should go to show that you had the scar since the last 8 years and if it didn't recur by now, why would it recur again
2) Get a Quantiferon gold test done in any Dubai clinic as well as the pulmonologist opinion
3) Utilize all your contacts through your employer and PRO to try and approach MOH directly to argue your case - take people who speak Arabic with you

Hi - many thanks for your prompt response.

I have done all you said and the Technical Doctor was really kind to have a look at all my medical results including the result of an independent Pulmonoligist from the top hospital in Dubai.  Unfortunately the higher director did not even look at my documents which we submitted.  She just said it is over and I need to be deported.

13 years of my life I spent in Dubai and all I get is "It is over you need to be deported"  where is humanity in all of these.  I have all the results which proved that I am fit to work and did not have a single recurring incident where I had any symptom of TB, but due to technical reason that I am out of job for more than 6 months I am about to lose everything.

I am supporting my father for his chemotherapy and my three kids who all go to school.

The DHA needs to understand that they are not only killing my dreams, they are killing my children's dreams and literally killing my father because if I stop sending money to him, he would need to stop his cancer medication.

Sorry to hear that.  The only thing you can do now is get someone with contacts who speaks Arabic and go through them to DHA.

My company has now hired a legal consulting to help us in our case as our PRO and GRO seemed to keep saying about this 6 months rule which I could not find anywhere.

Any idea what this 6 months rule is please?

As far as I understand, it means that you are considered as a "new" visa applicant if you haven't possessed a UAE residence visa for 6 months or more.   And this "new" status means a lot - in the past, when you renewed residency, there was no x-ray and that was only done when you applied for a new visa with another employer.  But when they said that "current residents" are not subject to deportation for scars, I believe they had to re-define what "current" meant i.e. valid residents, people in process of transfer i.e. without a valid visa for some time, people outside the country for extended periods of time etc;  and they fixed it at 6 months apparently.

Why 6 months?  don't know for sure but to link it to existing rules, keep in mind that if you are out of the country for 6 months, your residency automatically gets cancelled.  So it means that they expect you to maintain / change / adjust your residency status within 6 months of leaving employment or getting visa cancelled.  After that, you are treated the same as a new applicant for a visa who comes here.

Having said that,  I haven't seen that rule reproduced or stated publicly but then it doesn't need to be - it is how immigration / DHA determines categorization and that is an internal criteria, not necessarily a law.

This is what is funny, I am inside the country the whole time as I only did airport to airport visa run did not even got out of the plane at some point.

But thank you so much this is very helpful.

Yes, unfortunately it is your immigration status that decides everything not physical presence.  And this is true everywhere in the world - you can live in a country but not get naturalized because you didn't have correct legal status there despite living there!!!

Best of luck and I hope it works out for you.  Do post updates as and when you can so that it can help people in similar situations.

Will do and I do hope I can pull this one through - there are people relying on me and I am not ready to give up my 13 years of contributing to this country - one way or another

Hi Xtang,
I've read all your advices regarding this matter.  I hope you  can enlighten mine as well. Im still in phil but im planning to leave and go to Dubai this coming july, mid of last month i was admitted to hospital due to allergy and you know one  of laboratories  is xray, they saw a spot on my upper left lung and being advised and undergone sputum test for 3 samples and all are negative. But it was diagnosed as Granuloma. Doctor advised me as if nothing is serious but i insisted for medication wanting to remove the said spot, currently im under medication for 2 mos. But during the discussion he mentioned that this will be healed but the scar will be remained and bec of location of the mass this is consider as inactive TB, the more i felt scared thinking my plan going to dubai. I told him my plan of working dubai And he emphasizes that im still fit to work bec it will only be a scar... now my question is am i really fit to work there?😢😢

Hoping to hear your advice..

As I mentioned in the message; it is difficult to say.

If you go through GAMCA, there is a high likelihood that they will mark you as UNFIT.  They are very strict on any scar.

The other option is to come to UAE on a visit visa, do the medical here and then convert it to a work visa.  Again, it really depends.  I have heard stories of people taking sputum tests and being allowed to stay and at the same time, others who were deported despite negative sputum results.   Basically it is a risk and you have to decide if you want to take it or not.

Mumindubai what is the update for you?

Hi Xtang hope you can elnlighten me

Hi badly need advice
i am in uae with my husband

I finished 2 years work in uae with old company, resigned, cancelled all process done. Then i looked for new job and found. They processed my work permit and later i did medical test. I was surprised 2 days later HR called me in the office and showed results that i have deportation order because my medical results is Positive old tb. I was shocked because i worked here 2 years and all is ok with medical 2 years ago.
Company tries to support me, cancelled everything and will try to put me under new visa and medical in different emirate (they have diffrrent branches).
They also asked me to do private testing at a private hospital in uae and see what doc will say (without telling the doc thay i failed the job medical test). Doc in private hospital found scar in x ray, told me it is scar, not harmful to me or to others so no medication or further tests needed then thats it. This is a highly private credible hospital in uae so results are reliable. He sent me home no prescriptions or any other tests needed.

Question
1. If they process me on different emirate and i have to do the medical again there, Do different emirates share health deportation, will the screening hospital see that health office of another emirate orders deportation for me? Or they wont know about it? I am afraid if they have this info they will detain me and will deport me immediately
2. If in case my second medical fails, my husband might be able to sponsor me. Will they allow us to do the process or immediately deport me?
3. As per new law i read on the gulf news, if wife has lung scar, the husband who has uae residency (valid uae job+emirates id+salary+tenancy contract) can sponsor so wife stays 1 year and receive free treatment from govt. Is this happenning now? Can we do this in case 2nd medical fails? Can i work under this type of residency?
4. Why did i get deportation order immediately, why didnt they offer options like further sputum test or the option that husband can sponsor me in case medical fails (i assumed they didnt know i was married???or the law isnt passed yet???or they are not updated with law???)
5. If in case i passed 2nd visa andd medical in different emirate, what could happen with the deportation order of the 1st emirate i applied on?
6. How long before authorities are alerted that i havent left uae even though the health office of one emirate ordered deportation sent to my company hr? I am afraid to walk outside maybe authorities will just take me

Pls any advice or info
I have many sleepless nights already :(
I dont want to go back to my country away from my husband :(

Travelling so can't respond in detail. Will do later.

But do a quantifieron gold tb test. If negative, take that and existing medical with you when you do the test with another emirate. If any issue, use that to try and convince them. I would have recommended to challenge the existing deportation order using these tests as well as using the argument of your husband being here plus the fact that you are not applying for a new visa - to ask for leeway. Discuss this with your employer.

I am in the sense--applying for a new visa because I switched companies. I think that is how they look into it? You are renewing visa if you are in the same company and same position. If you switch company, then that will be a new visa.

I will check about quantifieron gold tb test. My 2nd attempt medical on a new emirate will probably be within this week. I hope they wont detain me immediately the moment i show them my passport-- :(

Your company should have done a transfer visa only so that you would not have any issue at all.

That would have been the best solution if you have had a job and then you will transfer.

Just gather all your documents and medical results as well as copy of your previous visas.

Make two sets and ensure that your PRO has got one copy and you got one, exactly the same docs.

To add on to my previous response; yes it would have been a LOT easier if you didn't cancel your visa and just did a transfer. And no, it is not a new visa if you do a transfer to another company without cancelling the old one.  To answer your questions:

1. If they process me on different emirate and i have to do the medical again there, Do different emirates share health deportation, will the screening hospital see that health office of another emirate orders deportation for me? Or they wont know about it? I am afraid if they have this info they will detain me and will deport me immediately
Health centers have got nothing to do with deportation orders.  Those are issued by immigration after getting the medical report.  And since it is immigration, yes, all details will be in the file when your visa issuance is requested.  But it doesn't matter if the second medical gives a judgement of FIT - that would lead to the previous report being superseded.  In the majority of the cases, there is no immediate detention - even now, they gave you a deportation order with some time for it to be executed.  Detention happens when the time limit of the order passes.

2. If in case my second medical fails, my husband might be able to sponsor me. Will they allow us to do the process or immediately deport me?
Aside from point 3, dependent medical is the same as that for work visas.  So no, he won't be able to sponsor you if you have already gone through the medical and marked as UNFIT.

3. As per new law i read on the gulf news, if wife has lung scar, the husband who has uae residency (valid uae job+emirates id+salary+tenancy contract) can sponsor so wife stays 1 year and receive free treatment from govt. Is this happenning now? Can we do this in case 2nd medical fails? Can i work under this type of residency?
That is something you would need to check as things keep changing quickly here.  However, you CANNOT work with this visa - you are a dependent.

4. Why did i get deportation order immediately, why didnt they offer options like further sputum test or the option that husband can sponsor me in case medical fails (i assumed they didnt know i was married???or the law isnt passed yet???or they are not updated with law???)
1) They don't care if you are married or not.  They are checking an individual applicant for a work visa and all other aspects are your problem, not theirs.  This is a government agency, not a for profit customer service oriented company :).  They will just check your health status and give a report and that is IT.  Immigration will see report and take action accordingly.  It is YOU who has to go and check to see if there are other options that you can use to stay - they don't care either way
2) Sputum test is only requested when they have doubt.  For some reason, in your case, they didn't have any doubts.  This is up to the discretion of the doctor.


5. If in case i passed 2nd visa andd medical in different emirate, what could happen with the deportation order of the 1st emirate i applied on?
Already answered in point 1

6. How long before authorities are alerted that i havent left uae even though the health office of one emirate ordered deportation sent to my company hr? I am afraid to walk outside maybe authorities will just take me
Your sponsor is supposed to deport you and update them.  If they don't, within the time limit, they face penalties and their CR faces issues.  You only get detained if your sponsor informs them that you have run away and are hiding.  In this case, the police will be informed for detention and deportation.

Hi can i ask my husband is deported in uae last february 5,2019 due to medical unfit because of lung scar, but upon checking in the Philippines the doctors said that there is no evidence of the scars. I am here now at uae is there any posible way to lift the ban and also i want to ask if he is ban in enterinf other gcc countries like bahrain because we are planning to move in bahrain

So far only banned in UAE.    And it is a permanent ban so practically very difficult to lift.  For Bahrain, he will go through GAMCA medical in home country and then be re-tested again in Bahrain.

Thank you so much for the reply.. But last can i ask where i can clarify his banned to the immigration department or how to know? Sure that in bahrain he is not banned?

If you want to check, you need to send someone DIRECTLY to NPRA offices on exhibition road in Bahrain with his details.  There is no way to check online or on email.

But I am telling you that being deported for medical reasons does not ban you in all GCC countries.

What you should worry about is whether he is going to clear the GAMCA medical in home country or not.  Because if he doesn't, then it WILL be a ban for all GCC countries.

Thank you so much..

What if he will not take the GAMCA? JUST only he will only take the medical in bahrain? Because he is only sponsored by his sister?

If he is on dependent visa then he will not do any medical.  But remember that on a dependent visa, he cannot work.   If he plans to work, I would not advise it as nowadays LMRA are doing heavy inspections.  Anyone found working without the right work visa is immediately arrested, fined and deported.

And I doubt that his sister will be able to sponsor him as an expat - that is not a standard process and is subject to immigration approval and usually they do not give it unless the sponsor works at a senior post in a large company.

Xtang,
Thanks for your opinion on this issues been discussed, but may i ask, what is the impact of traces of hepatitis B on been declared fit or unfit to work in the GCC generally?

Hep B GAMCA = UNFIT
Hep B for GCC excl. UAE = UNFIT
Hep B for UAE excl. 6 professions = FIT

So basically forget about working in any GCC country except UAE if you have Hep B.

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