Is it legal for my employer to keep my passport in the UAE?

No. Your passport is the property of the government that issued it, not your employer. UAE ministerial guidance and court rulings consistently prohibit employers from retaining employee passports without the employee's free consent. Passport confiscation is one of the complaint types MOHRE explicitly handles.

How do I get my passport back from my employer in the UAE?

First, request it back in writing (email works) and keep a copy. If the employer refuses, file a complaint with MOHRE via the app, website, call centre 80060, or WhatsApp 600590000. You can also file a police report, since withholding another person's passport can be treated as unlawfully retaining their property.

Can my employer hold my passport for visa processing?

Yes, but only briefly and with your consent — for example, to stamp a residence visa or complete immigration formalities. Once the process is finished, the passport must be returned to you. Indefinite retention as "company policy" is not lawful.

Will I get in trouble for complaining about passport confiscation?

Retaliating against you for filing a legitimate MOHRE complaint would itself create legal exposure for the employer. Under Federal Decree-Law 33/2021, any contract condition that harms your legal rights is void, and MOHRE lists passport confiscation among the standard complaints it resolves.

Employer Keeping Your Passport in UAE? That's Illegal — Here's What to Do [2026]

You have handed over your passport "for processing" and months later it is still sitting in an HR drawer. Or you have been told, flatly, that "the company keeps all passports — it's policy." If this is your situation, take a breath: your employer has no legal right to keep your passport, and there is a clear, low-cost path to getting it back.

Your Passport Is Not Your Employer's Property

A passport is the property of the government that issued it — not yours to surrender permanently, and certainly not your employer's to keep. UAE ministerial guidance and court rulings have consistently held that employers may not retain employee passports without the employee's free consent, and passport and document confiscation is one of the standard complaint types MOHRE handles alongside unpaid wages and gratuity disputes.

It also matters that Federal Decree-Law No. 33 of 2021 (the UAE Labour Law) makes clear, in Article 4, that any condition that contradicts the law to the worker's detriment is void — even if you signed it. So a clause in your contract or offer letter saying the company "will hold" your passport does not make the practice lawful.

If you work in DIFC or ADGM, your employment is governed by those free zones' own employment laws rather than the federal Labour Law — but no regime in the UAE gives an employer the right to confiscate your passport, so the principle holds everywhere.

Why Do Employers Still Do It?

Despite being unlawful, the practice remains common — particularly in smaller companies. Employers usually justify it as:

"Insurance" against absconding — the employer fears you will leave the country owing money or mid-project
"Company policy" — an inherited habit from decades ago, never reviewed
"Safekeeping" — framed as a favour, but a passport in someone else's locked drawer is not safe for you

None of these justifications changes the legal position. Fear of absconding does not create a right to hold your identity documents hostage.

The One Legitimate Exception: Brief Visa Processing

There is a narrow, practical exception. Your employer's PRO may legitimately need your passport for a few days to stamp a residence visa, process a renewal, or complete immigration formalities — and you will normally consent to that. That is fine. What is not fine is the passport never coming back. Once the government process is complete, the passport must be returned to you. If "processing" has stretched into weeks or months, it is retention, not processing.

Step-by-Step: How to Get Your Passport Back

Ask in writing. Send a short, polite email to HR: "I request the return of my passport, which is my personal identity document, within 3 working days." Keep the email. A written request converts a vague situation into a documented refusal if they say no — and many employers return the passport at this stage rather than create a paper trail.
Escalate internally once. If HR stalls, copy a senior manager or the general manager. Attach your original request. Give a final short deadline.
File a MOHRE complaint. If the passport is still not returned, file a complaint via the MOHRE app, website, call centre 80060, WhatsApp 600590000, or any Tasheel centre. Passport confiscation is a recognised complaint category. MOHRE contacts the employer and attempts resolution within 14 working days — and most employers hand the passport over as soon as MOHRE calls. Our MOHRE complaint letter generator can produce a formal, bilingual demand letter citing the relevant law to accompany your complaint.
Consider a police report. Withholding another person's passport can be treated as unlawfully retaining their property. If you need your passport urgently — a family emergency, a medical trip — you can report the matter to the police, who can order its return. This is a stronger escalation, so most people try MOHRE first.

Common Myths — Busted

Myth: "It's company policy, so it's allowed." Fact: Internal policy cannot override UAE law. A policy requiring passport surrender is void.
Myth: "I signed a paper agreeing to it, so I can't complain." Fact: Under Article 4 of Decree-Law 33/2021, contract conditions that strip you of legal rights are void even if signed. Consent given under pressure at onboarding is not free consent.
Myth: "They can hold it until I repay my visa costs." Fact: Recruitment and visa costs are generally the employer's burden, and even a genuine debt does not entitle an employer to hold your passport. Debts are recovered through lawful channels, not document seizure.
Myth: "Complaining will get my visa cancelled." Fact: Your residence visa is tied to your employment, not to your employer's goodwill about complaints. Filing a legitimate MOHRE complaint is your legal right, and MOHRE handles thousands of these cases.

If You're Job-Hunting or Resigning

Passport retention often surfaces at resignation time, used as leverage in final-settlement negotiations: "sign this waiver and you'll get your passport back." Do not trade your legal entitlements for your own passport. Your gratuity and final settlement are owed to you by law — check what you are due with our free gratuity calculator — and your passport must be returned unconditionally. If both issues are live, raise both in the same MOHRE complaint.

Not Sure How Your Situation Fits?

Every case has wrinkles — maybe your employer is holding your passport and delaying your salary, or you are still in probation and worried about rocking the boat. Ask our AI Employment Rights Assistant to talk through your specific facts. It is free, private, and grounded in the actual text of UAE labour law.

RentShield provides general information about UAE employment laws and is not a substitute for professional legal advice. For complex matters, consult a qualified UAE labour lawyer and verify current requirements with MOHRE official sources.