Law No. 3 of 1984 Regulating the Sponsorship of Residence and Departure of Foreigners (Repealed)

Law Summary Record Type: LawNumber: 3Date: 13/06/1984 Corresponding to 15/09/1404 HijriNumber of Articles: 25Status: Canceled
Official Gazette :Issue: 6Offcial Journal Issue Publication Date: 01/01/1984 Corresponding to 28/03/1404 HijriPage from: 539
طباعة
 



We, Khalifa bin Hamad Al Thani, the ruling Emir of the state of Qatar,
Having reviewed the Amended Provisional Constitution, particularly Articles 23, 34, and 51
thereof;
Law No. 2 of 1961on Qatari nationality, as amended;
Law No. 3 of 1963 regulating the entry and residence of foreigners in Qatar, as amended;
Law No. 14 of 1964 on the real estate registration system, as amended;
The Civil Service Law issued under Decree-Law No. 9 of 1967, as amended;
 

Part 1: General Provisions

Article 1

 1. Without prejudice to the provisions of Law No. 3 of 1963 referred to above, any foreigner who enters or stays in the state of Qatar to work or practice a craft or a business, or for the purpose of accompanying another person or visiting a resident therein, shall have a sponsor.
2. No such foreigner, except women having no profession, minors, and visitors whose period of stay in Qatar does not exceed thirty days, shall be allowed to leave the state temporarily or finally until after presenting a departure sponsorship.
3. The departure sponsorship may be replaced where the foreigner cannot obtain it because his sponsor refuses to provide it without an acceptable justification or because of the sponsor's death or absence without appointing an authorized representative. Such replacement shall be granted upon a verified certificate that there are no judgments under execution or claims against the foreigner, to be issued by the presidents of all courts of Sharia and Justice two weeks after announcement of the date of his intended departure from the state under the provisions of Article 22 hereof.

Article 2

 The sponsor shall have the necessary financial ability, be a Qatari national, and be resident in Qatar in accordance with the law. Where the sponsor is a juristic person, its official headquarters shall be located in Qatar or it shall have a branch administration therein.

Article 3

 The residence and departure sponsorship shall be proven in writing, even where the guaranteed obligation may be proved by evidence.

Article 4

 Both the residence and departure sponsorship shall be deemed a civil work, even where the sponsor is a merchant.

Article 5

 In all cases, the residence or departure sponsor shall not be obliged to pay any amounts or bear any responsibilities greater than the debt or performance owed by the sponsored foreigner, or subject to any conditions greater than those imposed on the sponsored debt.

Article 6

 The person responsible for the sponsorship of the foreigner's residence shall be defined as follows:
1- The employer, whether a natural or juristic person, shall be solely responsible for the sponsorship of the employee or domestic worker, without prejudice to the provisions of Article 19 of Law No. 3  of 1963 referred to above. No foreigner shall be allowed to work for a certain person while another person provides his sponsorship, and no agreement to the contrary shall exempt the employer from satisfying the sponsorship.
2- Where a personis self-employedor practices a small craft or business in partnership with a Qatari national, the sponsor shall be that Qatari partner or any Qatari national who accepts to provide a sponsorship for the craftsman or merchant.
3- A householder shall be the sponsor of the family members staying with him in Qatar.
4- A host resident in Qatar shall be responsible for the sponsorship of his visitor.
Notwithstanding the above,a foreign woman who enters the state under the sponsorship of her householder and works in a government or private body shall remain under his sponsorship.

Article 7

 a.      The Minister of Interior may, in accordance with the public interest, agree to transfer the sponsorship of a foreign worker to another employer, in which case the transfer shall be under a written agreement between the new employer and his predecessor.
b.      All rights and obligations flowing from the sponsorship shall be transferred to the new sponsor.

Article 8

 1- Where a person engages in dealings or legal acts that result in forward commitments upon a foreigner residing in the state of Qatar, he shall notify the foreigner's sponsor who shall provide prior written approval before any contract may be concluded.
2- The sponsor shall not be legally responsible for the commitments of the guaranteed foreigner where he was not notified and did not give his approval.

Article 9 (Amended By Law 21/2002)

 The residency sponsorship shall be personal or by money, and under which the sponsorshall in particular do the following:
1- Return the sponsored foreigner to his homeland upon the termination or cancellation of the residency or where a decision of expulsion is issued against him. Where the foreigner refuses to leave the country in any of the foregoing cases, the sponsor shall submit him to the concerned authorities to banish him and shall pay the banishment fees. The sponsor shall also submit the foreigner to the concerned authorities based on their request when required in the interest of security.
2- Without prejudice to the provisions of Articles (8) and (11) hereof, the sponsor shall settle all debts and commitments of the guaranteed foreigner incurred during his stay in the state where the foreigner failed to settle the same and has no funds in reserve.
3- The sponsor shall bear the costs of preparing and burying the body of a deceased sponsored foreigner in the cemetery designated for this purpose. Where the deceased's legal heirs or any other concerned persons require that the corpse be transported outside the state, the sponsor shall bear the costs thereof to the deceased's principal home or permanent place of residence.

Article 10

 1- The sponsorship of the foreigner's departure shall be submitted by his sponsor, but may be submitted by any other authorized person where necessary. The guarantee shall not be accepted unless signed by the sponsor or his authorized representative before the employee in charge at the Department of Immigration, Passports and Citizenship. Such signature shall be identical to the signature kept on file with the Department, or approved by the Department of Real Estate Registration and Authentication or by any other concerned authority.
2- Where the departure sponsor is not the residency sponsor, his sponsorship shall be accepted on condition that he signs it before the employee in charge at the Department of Immigration, Passports and Citizenship,provides an acceptable reason for the sponsorship, and verifies the extent to which the residency sponsor is aware of the departure sponsorship.

Article 11

 The departure sponsor shall, where he is not the residency sponsor, cover all the guaranteed foreigner's obligations before the foreigner leaves the state, where the latter did not fulfil his obligations nor has funds in reserve. No consolidation with the residency sponsor shall be permitted unless both sponsors have agreed thereon.

Part 2: The Relationship between the Sponsor, Creditor and Guaranteed

Article 12

1-       A creditor may only have sole recourse for his debt against the sponsor after first having had recourse against the sponsored debtor, and may not collect his debt by attachment of the sponsor's property except after discussing the sponsored foreigner. In all cases, the sponsor shall adhere to his benefit of discussion and to the invalidity of collecting the debt from his property except after recourse to the sponsored debtor, otherwise he shall be deemed to have waived his right thereto.

Article 13

 To accept plea for the discussion of the sponsored debtor the following conditions shall be met:
  1. The sponsor has not, either explicitly or implicitly waive right to discussion.
  2. The sponsor has not be jointly liable with the sponsored debtor.
  3. The sponsor, at his own expense, guides the creditor to the debtor's property which are sufficient to pay the guaranteed debt in full, and such funds are attachable, indisputable, and exit within the territory of Qatar.

Article 14

 Plea for discussion during trial in the legal action of claiming the sponsor to pay the guaranteed debt shall not suspend proceeding therewith. Rather, the court shall consider the action and adjudicate in the merits thereof subject to stating in the pronouncement of its verdict the invalidity of collecting the debt by virtue of such verdict from the sponsor's property except after starting to collect thereof from the sponsored debtor's property if any and discussing him wherefrom.

Article 15

 The sponsor shall be held harmless where the debtor is held not liable, and he may adhere to all the defenses that may be invoked by the debtor.
However, where the defense invoked by the sponsored debtor is his lack of capacity and the guarantee is submitted on this basis, the sponsor may not invoke such a defense.

Article 16

 The sponsor shall be held harmless where the creditor accepts anything other than money in payment for the sponsored debtor's debt, even if the debt is due.

Article 17

 1- The creditor shall deliver to the sponsor who pays the debt the necessary documents to enable him to exercise his right of recourse against the original debtor.
  1. Where such debt is guaranteed against a pledged or attached movable, the creditor shall waive his rights or transfer them to the sponsor.

Part 3: The Relationship between the Sponsor, Debtor and Guaranteed

Article 18

 Where the sponsor paid the debt in whole or in part, he shall replace the creditor in respect of the obligation in question pro rata the amount he paid and may exercise his right of recourse against the sponsored debtor on the basis ofmutatis mutandis sponsorship, replacement or Actio de in rem verso or unjust enrichment.

Article 19

 In no case may the sponsor have a right of recourse against the debtor in the cases mentioned in the previous article except for the original debt or for judicial expenses.

Article 20

 Where the sponsor satisfiesonly part of the guaranteed debt, or his guarantee is limited to a part thereof, his replacement claim shall not be heard until after the creditor has satisfied his right against the debtor or others in full.

Part 4: The Expiration of the Guarantee

Article 21

 Sponsorship shall expire either by the abatement of the principal obligation for any reason whatsoever, or automatically upon termination of the period of the sponsorship.

Article 22

 Without prejudice to the provisions of the previous Article:
  1. The sponsor shall be discharged to the extent that collateral or securities allocated for the payment of a debt are lost by a creditor through his own fault, even where such collateral or securities were determined after sponsorship. The value of the lost security or collateral shall be the value of the amount with which he was indebted.
  2. The sponsor shall be discharged where the creditor fails to claim the due debt from the sponsor within one month after the sponsor notifies the creditor to institute his claim. Notification shall be by registered letter with acknowledgment of receipt.
  3. The sponsor shall be discharged from the commitments for which there is no claim within one month from the date on which the sponsor declares that the foreign debtor shall leave the state and invites the creditors to submit their claims. Such declaration shall be published in two daily newspapers twice a week for two weeks, and the prescription period shall be calculated from the date of the last declaration.

Part 5: Final Provisions

Article 23

 The Minister of Interior shall issue the resolutions and bylaws necessary for the enforcement of this Law.

Article 24

 Any provision or rule that contradicts with the provisions of this Law shall be deemed null and void.

Article 25

 All concerned authorities, each within its jurisdiction, shall enforce this Law three months after its publication in the Official Gazette.

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