Employer Delaying Visa Cancellation
Something important that you should know is that if you are a foreigner and you are working in a company with a work permit; At the moment you want to change jobs you must cancel that visa and the new employer request a new one. Currently, a very common practice is for employers to delay visa cancellation. This is a very serious crime and these people may face legal consequences.
In this article, you will see all the information you need if you are going through the situation of your employer delaying visa cancellation. The first thing we are going to show you is to see what a work visa is and how you can obtain it. The second thing will be that you understand the importance of having a work permit in the UAE. In addition, we will give you some solutions in case you are going through this difficult situation.
- What is a work permit and how can you get it?
- Why is it so important to have a work visa in the UAE?
- What are the articles that protect employees when employers delay visa cancellation?
- Why is it necessary that your employer cancel your work visa?
- How can an employee request the cancellation of his visa?
- For any legal questions, you can contact EOR Middle East
1. What is a work permit and how can you get it?
Those responsible for providing a remote work visa in Dubai or work visa are the MOHRE and the General Directorate of Residence and Foreign Affairs or GDRFA. It is very important that you have a work visa to be able to work in the country. This is because, if you do not have a work visa, you could be deported for working illegally in the country.
The procedure to obtain this visa begins with obtaining the Ministry of Human Resources and Emiratization work permit for foreigners. With this work permit, the bearer is authorized to access the UAE so that he can find work. This is valid for 60 days from the date it was issued.
Only after the new employee enters the UAE for the reason of the work permit, the sponsoring company organizes the additional requirements. These include medical tests that are not failed and obtaining the Emirates ID, or the UAE resident identity card. In addition, the labor card and the labor residence permit stamped in your passport will also be requested.
On the other hand, every time the person stops working for the company, the company must cancel their work visa. When an employer delays the cancellation of a visa in the UAE it can cause a lot of inconvenience to the worker. For this reason, you should always be aware of the cancellation of visas and grace periods when a company is abandoned for any reason.
1.1 Can a person work without a work permit?
On this point, the labor law is very clear. All foreign employees working in the UAE will be required to obtain a residence visa and ID card as soon as they enter the country. In addition, a valid work permit will be required. It is illegal for the employer to refuse to present these documents and it is also illegal for the person to work without them.
The employer must apply for the visa as soon as the employee begins with their onboarding and work. The employer and employee could face a significant number of fines, restrictions, and imprisonment. Even this can lead to the deportation of the employee. It is important that you have all the requirements to avoid any legal inconvenience.
2. Why is it so important to have a work visa in the UAE?
The MOHRE or Ministry of Human Resources and Emiratization is in charge of issuing work permits for oversea workers or in-site workers. The work permit with the MOHRE must be requested by the employer. This first step is necessary for a foreigner to work in any of the emirates. It is illegal for any foreigner to work in the UAE without a work permit.
When the worker ceases due to the expiration of his contract, and after they send the employment contract non-renewal letter, they may request a new permit. You must maintain a status that allows you to transfer your residency to another sponsor. It is important to note that in this country, employers are considered to be the sponsors of the worker.
In the UAE they have a new labor law, which explains how contracts work. Some changes have arisen in the elaboration of these contracts and it is important to take them into account.
2.1 The new licenses for skilled workers
Waived for employees who qualify for Skill Series 1, 2, or 3, the six-month work requirement. This means that you have a university degree, post-secondary education, or a high school certificate respectively. This will be relevant if newly recruited employee in question complies with the contractual obligations that correspond to him.
2.2 The new licenses for unskilled workers
A new permit may be issued if the employer and employee voluntarily agree to terminate the contract. It does not matter if this was during the terms they stipulated, as both parties agreed. However, the employee must have at least worked for at least 6 months.
According to the ministerial order, a new license can be granted to an employee who has been wrongfully dismissed by his company. In this case, it will not be necessary to wait the corresponding 6 months.
3. What are the articles that protect employees when employers delay visa cancellation?
As a multitude of cases have been seen where an employer delays visa cancellation, the UAE labor law visa cancellation has been modified. MOHRE has dedicated itself to the creation of several resolutions that help to solve this problem. There are two that are the most important and stand out from the rest, which are the ones that will be named below.
3.1 Article 4: controls for the cancellation of a work visa after a referral from the Labor Court Dubai
This article is related to labor complaints filed at MOHRE. Specifically, when the complaint has to do with the employee leaving his job. These people should know that once the Social Court issues a sentence, their work visa will be canceled after 6 months. Unless the Labour Court Dubai ruling says otherwise.
3.2 Article 5: regarding the request to cancel the visa
If employers delay visa cancellation, employees can file a complaint requesting the termination of the work permit. Individuals who decide to use this strategy must follow the steps below.
The secretariat will call both parties to reach an agreement between two. In case of not being able to have contact with the employer within 5 business days after filing the complaint; the ruling will be in favor of the employee, except for a worker who committed a crime. In addition, employers may request an additional 5-day period for conciliation.
If this instance has to be reached and the ruling is in favor of the employee, he must change his resident status. For this, a deadline is imposed which must not be exceeded. In such a case, that the time granted has passed and the employee did not comply; a fine will be sent to your file.
4. Why is it necessary that your employer cancel your work visa?
All work visas and permits in Saudi Arabia or the UAE are specific to the employee and likewise to the employer. This tells us that, if you have a work permit for a company, you will not be able to work for a different one during the duration of the visa. This is why it is necessary to make sure that the employer cancels your documents after finishing work.
Those employers who delay the cancellation of the visa are running the risk of receiving a complaint. When the employee resigns after the end of his notice period, the employer must proceed with the UAE work permit cancellation and the resident visa. This must occur on the final day of the notice period unless otherwise stipulated.
In addition, the employer has to pay the employee’s debts in full. Canceling the work visa does not take more than 1 or 2 business days. When an employer delays the cancellation of a visa, it can bring many inconveniences to the worker. For these cases, the employee must submit a complaint to the Ministry of Human Resources and Emiratization.]
The ministry will be in charge of notifying the employer so that it can take urgent measures. In most cases, this measure will be enough to solve the problem. The notice period is intended to give the employer time to prepare all necessary payments and paperwork. There is no reason for the employer not to cancel the UAE visa
5. How can an employee request the cancellation of his visa?
It is important to know that only corporations or sponsors can request visa cancellation for employees. Those employees who wish to leave the UAE permanently will need to ask their employers to initiate the process. If the employer delays the cancellation of the visa, it will put your former employee in a bad situation.
When the visa is revoked, the person has a period of 30 days to leave the country. However, if they have a new job offer, their new employer will be able to apply for a new work permit and visa during that time.
5.1 What requirements are necessary for the cancellation of a delayed employer visa?
It must be taken into account that this process may be affected if the workers comply or do not with the conditions and terms. All companies must terminate the employment contracts of their employees before they cancel their visas. This is if they are not fleeing the country.
The corresponding authorities need companies to carry out the following procedures to request the employer to delay the cancellation of the visa:
- Companies must enter the MORHE website.
- Employers must submit documents electronically.
- The ministry is in charge of issuing the application to the GDRFA. The GDRFA then officially cancels the worker’s visa and reports this to the ministry.
- The ministry is in charge of definitively canceling the work permit.
- This letter must show that the employer has paid the salary and the agreements.
- The employer asks the worker to sign a letter that refers to the cancellation of the employment contract.
This is a very short process; the maximum waiting time is about 10 days. Therefore, there is no excuse for the employer to delay the cancellation of a visa. Similarly, there is no excuse for delaying the cancellation of a work permit. In some cases, employers delay this process because they are looking for a new employee.
5.2 What documents are needed for cancellation?
For the cancellation process to begin, the UAE government needs employers to provide certain documents. These are key requirements of the authorities to be able to persist with residence permits and terminations of work permits:
- The visa cancellation form.
- The original ID of the employee.
- An image of the employee’s residence visa.
- The ministry approval test.
- The cancellation process for the work permit.
Both parties must carry out this process together. Only when the employer presents a constant absence, the employer can carry out the process alone. However, if the employee wants the cancellation and the employer delays it, the employer must file a complaint. It is important that at the end of the process, you verify the visa cancellation status in UAE and verify that it has been canceled correctly.
6. For any legal questions, you can contact EOR Middle East
As you can see, it is very important to understand that any employer delays visa cancellation. You can take legal action against this person, forcing him to grant you the completion of the work permit. Unfortunately, there are currently many cases in which this happens and no more should be allowed. If you are going through this situation and need support, do not hesitate to contact EOR Middle East. With us, you can obtain your permit to work in one of the following regions:
In our company, we have a lot of lawyers who will support you in case your employers to delay visa cancellation. We will accompany you throughout the process. In addition, if you enter our page you can find information on various topics that may interest you. You can make use of the 30 min free advice that we offer you by calling +971 43 316 688. We also offer you the possibility of writing to us at [email protected].
Many times it happens that people are unhappy in their jobs and, therefore, they want to try how they are doing in another company. If you are one of those people, do not hesitate to go to thetalentpoint.com to look for a new job. In this portal, you can find a variety of offers that may be of interest to you and your liking. The search process is very simple but you can write to us by sending your CV and we will facilitate the process at [email protected].