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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Can my company cancel my visa now a days or not

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Can my company cancel my visa now a days or not
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Madina zayed abu dhabbi
Lawyer's Assistant: Has anything been filed or reported?
I resign on 26 march 2020 and 24 april is my last working day in the company but they told me that they cannot cancel my visa because government offices are closed
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
If my passport is with me so i can cancel visa directly or not

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Referring to Ministerial Resolution No. 270 of 2020 issued by the Human Resources Department regarding employment stability in the private sector during the period of application of precautionary measures to reduce the Corona virus, the institution may not reduce the employee's salary or grant him leave without pay without the consent of the other, and the Ministry confirmed the availability of channels to enable the worker to file a formal complaint against those carrying out these practices through the direct contact center with the Ministry or on 80060 or through its application on smart phones or its website.
The decision emphasized obligating the private companies registered with the Ministry to agree between the employer and the non-citizen worker who is authorized to work in the facility, in order to preserve the interests of both parties during the period of applying precautionary measures to limit the spread of the new Corona virus.
The Ministry indicated that the decision permits enterprises affected by the precautionary measures that wish to reorganize the work in them, progressively in their procedures in agreement with the worker where the employee may work for the organization remotely or grant him paid leave, the institution may resort to granting the employee leave without pay or temporarily reducing his wages during the period of precautionary measures or using the last option, which is to permanently reduce the employee's salary after his approval.
The decree obliges establishments that want to permanently reduce the wage of a non-citizen worker by applying to the "amendment of employment contract data" service to obtain the approval of the Ministry in accordance with the procedures in place.
We would like to inform you that the sponsor or his representative (for example, in case of companies) shall do the procedures for cancelling the residence visa. The sponsor may not proceed without permission and the sponsor signature.
If the company decides to cancel the work visa for the employee, it must first refer to the Ministry of Human Resources and Emiratisation request to cancel the work contract and the employee's work card. This application must be signed by the employer and the employee, accompanied by a letter signed by the employee stating that he has received all his salary, entitlements and end of service from the company.
After completion of the cancellation by the Ministry of Human Resources and Emiratisation, the sponsor can only apply for cancellation of the residence visa before the General Directorate of Residency and Foreigners Affairs.
For family sponsored residence visas, such as a sponsor's spouse, children and dependents, the sponsor must cancel the sponsored visas before canceling his residence visa.
Cancellation done by the General Directorate of Residency and Foreigners Affairs, which issued the residence visa in the Emirate concerned first. And with the absence of any irregularities and get the non-objection of the sponsor, you can leave the country.
The printing office shall print the cancellation application electronically on behalf of the applicant and submit it to the General Directorate for Residency and Foreigners Affairs for approval and stamping the cancellation. As a quick alternative, To apply for cancellation by electronically through the electronic services of the General Directorate for Residence and Foreigners Affairs in the concerned Emirate, or through the electronic platforms available to the Ministry of the Interior.
The following documents must be attached upon submitting of the application for cancelling the residence visa at 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 stamp of the company, along with a letter of clearance and settling all the procedures by the Ministry of Human Resources.
- Original passport of the sponsored person
- The original ID card of the sponsored person
- In case that the sponsored person is outside the country, the original passport must be attached, if it is not possible, a request for the residence visa from the computer system
After the cancellation, the sponsored will be granted 30 days whether to leave the country or get residence visa, and there is no fine during that period.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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