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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi

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Hi
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I completed 3years with my previous employer. After completing notice period i got all my settlement & i left the job. Now i got new job but when the new company apply for visa not coming through due to absconding. How can this be absconding when i complete & follow company policy. Again i went to the previous company & ask about the absconding. They said it's because i over stay without any visa after completing the period. Yes my last day to leave dubai was 11/07/2019 but new company has applied for the visa & it's get delayed.

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the UAE Residence Law, only the sponsor who can file absconding report and cancel it not the worker . the worker can cancel it if the report wasn’t true and the worker proves that as the Ministry of Labor can remove the report and impose fines against the employer. If the employer banned you then you can contact him and settle the situation and pay compensation as below article states:
Article (116)
Where a contract is revoked by the worker for reasons other than those specified 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.
That is for cancelling the ban then cancel the visa and get new visa and transfer the sponsorship and get NOC.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
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الرد من العميل

The absconding report was not true. As i complete my contract period & also notice period then only i got all the settlement. Now the employer says i overstay after completing my gross period of staying in UAE. But my new employer have applied for visa & labor. Only labor get success but visa get rejected

الرد من العميل

When i checked with the previous employer they said if i exit from UAE the absconding will cancelled automatically and can get the new visa... I'm not sure now whether it's true or not. Where i need to check for the complete information.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
It should be noted that in case of a flight report against you with compliance with the conditions of termination of work as well as stay on top of your work during the warning period here ban is still automatic and requires a complaint in front of the Labor Office and proof of photographs and malicious communication to remove the visa and after the cancellation of the previous visa Note that the employer or the former sponsor does not have the right to submit a communication with the end of the contractual relationship with the worker because of exceeding the length of stay and this is a duty, so we advise to go immediately and file a complaint.
I hope my answer was helpful, please let me know if you have any follow up questions.
If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Accept our respect and appreciation.
Kind Regards,

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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