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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi ,I was joined 3 months back in company now want...

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Hi ,I was joined 3 months back in company now want leave the company so I got ban for one year bcz I'm in unskilled 4&5 visa but I have degree certificate with attested and I have offer letter with 7000aed.is it possible to lift the ban in uae or not pls let me know..

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الرد من العميل

This ban imposed by my employer and I have previous 3 yrs experience in one company.so ,pls let me know how to sort it out from this situation.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please kindly know that according to the information provided to us in your inquiry and regarding the absconding report and the malicious complaint submitted by the employer that resulted in the ban, this ban will be removed automatically with the passage of one year after it was imposed on you, and all this is provided by canceling the previous visa so that you can apply for a new visa in addition Noting that it is possible to submit a petition request before the Minister of Interior, whoever assists you in submitting the petition to remove it before its date, and the Minister of Interior has absolute authority to remove it or not, as for the cancellation of the visa We would like to inform you that regarding the cancellation of the visa, who has the right to cancel it is the previous sponsor or his representative, and the worker can't cancel it himself, but in the case of proven abusive and intransigent employer sponsor to cancel without any legal justification so the Labor Office can usually revoke the visa, which only authorizes the sponsor or his delegate on his behalf (e.g., the representative in the case of companies) to proceed with the cancellation of the residence visas he guarantees.
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.

الرد من العميل

Hi sir ,it's not absconding it's labour ban for breaking the contract in probation period

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

If the contract is breached during the trial period, which is within the authority of the employer to dispense with the worker for this period, we recommend that the settlement be made with the sponsor to cancel the visa amicably as he can force you to leave the country and not be able to work in the country, unfortunately dear

الرد من العميل

We don't have any other option to lift the ban by new employer and degree certificate and salary..

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Unfortunately, during the trial period and the ban by the employer, the matter is related to resolving the matter amicably, otherwise, unfortunately, the ban decision remains on you.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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