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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

My employer has put fake absconding in my...

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My employer has put fake absconding in my immigration all though i have work there for 8 month and gave a proper resignation letter how to remove the stuts

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الرد من العميل

My employer has put fake absconding in my immigration all though i have work there for 8 month and gave a proper resignation letter how to remove the stuts

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE Labor Law, the sponsor is the one who can file an absconding report and ban the worker. But if the report wasn't true then you can go to the labor office and they will investigate, if it was proved that the report is not true, then it will be removed and punish the employer. But if it is related with leaving the work, then the below article states:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Therefore, if so you have to compensate the employer to remove the ban. We advise you to have settlement with the employer to be able to change the employer and get NOC and cancel the visa.

الرد من العميل

Visa is already canceled and with a proper resignation i have left as employers had treatend me for leving the company as it was very toxic environment there

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please sir, explain your question clearly and in more details, so we can help to answer you legally.
We are always delighted to communicate with you, and you can always consult many experts on Jawabkom; as doctors, nutritionist, engineers, and others.

الرد من العميل

I have regined my job due to work environment on 11th of November and gave all the belonging of company and told to cancle my visa so that i can join diffrent company as it was almost 2weeks i did not receive any update so i went to check in Ameer center i came to know they have put absconding with out any reason so my question is now what is the next step

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The employer can cancel it without being able to cancel it, unless the employer proves abusive, then a complaint can be submitted and a request for cancellation to be made by the labor office for the purpose of transferring sponsorship to the new employer, but in general about the request to cancel the visa in accordance with the UAE residence law and regard to canceling the visa, whoever has the right to cancel it is the previous sponsor or whoever he delegates and the worker cannot cancel it himself, but in the event that it is proven that the employer and sponsor of the cancellation are intransigent without any legal justification, then the labor office has the right to cancel the visa usually, only the sponsor or whoever he delegates on his behalf (such as a delegate in the case of companies) is authorized to proceed with the procedures for canceling residence visas that he sponsors, and the sponsor himself cannot proceed to medicine without the permission and signature of the sponsor
In case the company decides to cancel the work visa for the employee, it should first refer to the Ministry of Human Resources and Emiratisation to cancel the work contract and the work card for the employee and this application must be signed by both the employer and the employee, accompanied by a letter signed by the employee confirming that he has received all his salaries, benefits and end of service from the company.
After the cancellation is completed by the Ministry of Human Resources and Emiratisation, only the sponsor can apply for the cancellation of the residence visa before the General Directorate of Residency and Foreigners Affairs in the Emirate concerned.
For family (or personal) residence visas, such as the sponsoring spouse of his wife, children and dependents, the sponsor must first cancel his or her sponsored visa before he / she cancels his or her residence visa.
Cancellations can be made through the General Directorate of Residency and Foreigners Affairs, which issued the residence visa in the Emirate concerned first. Here are the required documents for cancellation.
The following documents must be attached to the General Directorate of Residency and Foreigners Affairs:
- Cancellation application form signed by the sponsor
- If the sponsor is a company or establishment, the application must include the signature and seal of the company, accompanied by a letter of clearance and the completion of the procedures by the Ministry of Human Resources and Emiratisation.
- Original passport of the sponsored person
- Original ID card of the sponsored person
- If the sponsored person is outside the country, the original passport must be brought, although it is not possible to apply for an extract from the residence visa from the computer.
- Duration and fees
- Under normal circumstances, the cancellation request can be completed in one day or less, depending on the applicant completing all documents and requirements.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
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