Deportation in Saudi Arabia After a Criminal Judgment: Rules

A foreign resident has worked in Riyadh for twelve years. He has been sentenced to six months in prison, and his family lives here with him. From the first day, people around him say: “That's it. After prison comes deportation.” Is that always true?

Not always, but the threshold is lower than many people think. Minister of Interior Decision No. 1809 dated 14/4/1434H provides for deporting an expat sentenced to three months in prison or more, or to forty lashes or more, or convicted of one of the major crimes requiring detention. Below that, a written pledge is enough the first time if he has no previous record. So the resident sentenced to six months falls within the deportation cases, unless his mother or wife is Saudi and his crime is not a major one. On top of this decision, specific laws provide for deportation by their own text, such as the narcotics law, the anti-money laundering law and the anti-concealment law, each with its own conditions.

What are the conditions for deporting an expat after a judgment?

Minister of Interior Decision No. 1809 dated 14/4/1434H applies “in addition to what the laws and royal orders provide on the deportation of expatriates”. These are its cases:

Anyone deported in these cases is banned from entering the Kingdom permanently, and his rights and obligations are settled within one month of the deportation decision. The major crimes requiring detention are listed in Attorney General Decision No. 1 dated 1/1/1442H.

In practice, deportation comes in one of two ways. It may appear in the judgment itself or in the law governing the crime, and is then challenged together with the judgment. Or the competent administrative authority may order it under this decision after the judgment, even if the judge did not mention it. That is an administrative decision with a different grievance route, explained below.

Which laws require deportation of a non-Saudi by their own text?

These are examples whose texts we checked. Note that the wording is not the same:

Look at the differences. The commercial fraud text makes deportation a power of the Ministry of Interior, not an automatic effect. The terrorism text links it to a prison sentence. The begging text expressly excludes the spouse of a citizen and her children. The concealment text links it to paying fees and obligations. So do not carry the rule of one law over to another crime just because the convicted person is not Saudi.

When is deportation carried out?

Article 212 of the Law of Criminal Procedure states that criminal judgments are carried out only once they become final. Most of the texts above make deportation take place “after the sentence is served”. So the usual order is: conviction, then the judgment becomes final, then the prison sentence is served, then deportation.

Note that conviction is a condition in these texts. If the case ends without a conviction, or the description changes to a crime whose law does not provide for deportation, a text tied to a conviction that did not happen cannot be relied on. On the other hand, finishing the prison term does not on its own mean the residence status is in order. There may be a residence violation or an administrative decision separate from the case.

How do you object if deportation is part of the judgment?

If deportation appears in the criminal judgment, the way to challenge it is to object to the judgment itself. The deadline for an appeal or review is thirty days (Article 194), and the right is lost if it is missed. The deadline for cassation is also thirty days (Article 199). Focus your objection on what changes the basis: was the act proved against you? Is the description of the crime correct? Does the text that orders deportation apply to the facts?

An administrative request is not a substitute for a court objection. A letter to a government body after the thirty days have passed does not reopen a judgment that has become final.

What if a deportation decision is issued without its conditions being met?

A deportation ordered by the administrative authority under Decision 1809 is an administrative decision. If it is issued without its conditions being met, for example the sentence is under three months and you have no previous record, or your mother or wife is Saudi, the case is not a major crime and it is your first time, the general route for challenging administrative decisions is:

1. File a grievance with the body that issued the decision within sixty days of the date you learned of it.
2. That body must decide on the grievance within sixty days of receiving it.
3. If the grievance is rejected or the period passes without a decision, you may file a case to cancel the decision before the Administrative Court within sixty days (Article 8(4) of the Law of Procedure before the Board of Grievances, and Article 13(b) of the Board of Grievances Law).

Whether the case is accepted, and how it ends, differs from case to case. Keep a record of the date you learned of the decision, prepare a copy of the judgment showing the sentence, and proof that you have no previous record or of your mother’s or wife’s nationality. Do not let the deadlines pass while you wait.

Does having a family here or long service prevent deportation?

Not on their own, with one important exception in Minister of Interior Decision No. 1809: if the expat’s mother or wife is a Saudi citizen, and the case is not a major crime or sorcery, a written pledge is taken from him the first time, and he is deported if he offends again. A non-Saudi wife and children, or long service, are facts that explain the effect of the measure, but they do not create an exception the text does not contain. This exception comes from a ministerial decision, so nothing in it suggests it overrides a law that requires deportation by its own text, such as Article 56(2) of the narcotics law. Some laws set out their own exception, such as the Anti-Begging Law, which excludes the wife of a Saudi man, the husband of a Saudi woman, and her children.

The issue may also be a mistake in identity or data, such as a decision linked to the wrong person. Here original documents and correction papers help far more than humanitarian letters.

A resident is sentenced to prison for simple possession of drugs. Article 56 of the narcotics law requires his deportation after he serves the sentence, and a letter from his employer saying he is a disciplined employee does not change this effect.

But suppose he is sentenced to two months in prison for a crime that is not a major crime and whose law does not provide for deportation, and he has no previous record. Decision 1809 only requires a written pledge from him the first time. If he is still notified of a deportation decision, the questions are: what is its legal basis, who issued it, and when was he notified? The sixty-day grievance period runs from the date he learned of it.

What about your money and dues before you leave?

Deportation does not automatically cancel your financial rights, and money owed to you by others does not stop it being carried out. Organise your dues before the departure date: salary and end-of-service award, money held by others, contracts and accounts. A labour claim will not be heard after twelve months from the end of the employment relationship, unless there is an excuse the court accepts or the employer admits the right (Article 234 of the Labor Law), so do not delay it. A power of attorney for the person following up for you should have specific powers you understand, not a general one signed under time pressure.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for both sides

If you are the convicted resident or a family member:

• Ask for a full copy of the judgment, with its ruling and reasons, and check whether deportation is in it or in a separate decision.
• Count the objection deadline from the date you received the judgment. Do not wait until the prison term ends.
• Compare your judgment with the conditions of Minister of Interior Decision No. 1809: the length of prison or flogging, the type of crime, any previous record, and the nationality of your mother or wife.
• Identify the law under which you were convicted, whether its text provides for deportation, and whether it has an exception that applies to you.
• Organise your financial and employment dues, and a power of attorney with specific powers, before you leave.
• If you receive an administrative deportation decision and believe its conditions were not met, file a grievance with the body that issued it within sixty days of learning of it.

If you are the employer:

• Settle the worker's dues and end-of-service award and document the settlement. His deportation does not cancel his rights.
• Do not rely on rumours about deportation. Ask for proof of the decision or judgment before taking any step on the contract.
• If the worker runs a business in your name or for his own account, be aware of the Anti-Concealment Law. A judgment under it affects you too.
• Keep a copy of the settlement papers and procedures in the company file.

Every deportation case starts from a paper: the judgment or the decision. If you send us a photo of it on WhatsApp with the date you were notified, we will read it with you and identify the available route and its deadlines.