Grounds for deportation: Understanding Oman’s foreigners residency law

The deportation of foreigners from Oman is a formal administrative or judicial process governed by The Foreigners Residency Law. Legally distinct from expulsion which applies to illegal entrants. Deportation involves the forced removal of a foreigner residing legally in Oman when specific, serious grounds outlined in the law are met. Grounds for deportation are extensive and primarily concern threats to the state or public order. 

Speaking exclusively to the Times of Oman, a representative of Mohammed Ibrahim Law Firm, a leading law office in Oman, explained that under Article 31 of Royal Decree 60/2021, the Inspector General of Police and Customs holds the authority to revoke residency and order deportation for reasons including activities harming national security, safety, political/economic/financial integrity, or public order/morals; actions damaging Oman’s international interests; membership in undesirable parties; involvement in armed action against Omani forces; or lacking a clear, legitimate means of subsistence. Critically, Article 30 mandates deportation as a consequence of a final court judgment for a felony or for a misdemeanor if the judgment specifically orders deportation, implemented only after serving any prison sentence.

The deportation process begins with formally notifying the foreigner, requiring them to leave the Sultanate voluntarily within a specified time frame at their own expense. 

Failure to comply within this period results in forced deportation. To facilitate this, authorities are permitted to detain the individual for up to two weeks if necessary. The repercussions of deportation are severe and long-lasting, said Dr. Mohammed Ibrahim Al Zadjali, Founding Partner of Mohammed Ibrahim Law Firm.

He further added that a new entry visa may not be granted to a foreigner who has been deported, except after the lapse of two years from the date of deportation and only with special permission from the Inspector General of Police and Customs. Furthermore, the deportation decision carries significant familial consequences; It automatically extends to the foreigner’s spouse and any dependent children under their maintenance responsibility, leading to the termination of their residency rights as well.

This comprehensive legal framework underscores Oman’s stringent approach to maintaining sovereignty and public order, granting broad discretionary powers to the Inspector General while imposing significant restrictions and consequences, including family separation and long-term entry bans, on those subject to deportation orders, the expert said.

(Mohammed Ibrahim Law Firm ([email protected]), (+968 244 87 600) was established 18 years ago and is serving clients through its offices in Muscat and Sohar, as well as operating on a request basis in other areas. It offers legal representation across a wide range of practice areas that include Labour Law, Corporate, Commercial, Contracts, Banking and Finance, International Trade, Foreign Investment, Insurance, Maritime Law, Construction and Engineering Contracts, International Arbitration, Intellectual Property and more).