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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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My company cancelled my visa and gave me ticket to...

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My company cancelled my visa and gave me ticket to travel. I informed them that I will stay and search for job and left passport with them. They reported me absconding even after cancelation of visa and now I'm not able to leave country.

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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 what was mentioned in your inquiry, if you intend to change the work and the visa, then yes, it is possible, but according to specific regulations. First, the work shall be completed according to the legal principles, so that you will not be subject to a ban because of the escape report by the sponsor, in addition to that changing the work and the visa requires obtaining a non objection from the sponsor and canceling the visa . The visa of your dependents may not be held if you wish to cancel the previous visa, given that they follow the sponsor (the resident sponsors his family), 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.

الرد من العميل

Thank you for the answer. They have already cancelled my visa. I went to dubai airport for traveling back to country but immigration and me to check with company first as I can't leave country. My company is government entity based in Abu Dhabi. I went to tasheel, they directed me to twa-fouq and in there was asked to check with police Station. Police guys told me to check with company, they can't do anything.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the UAE Labor Law, the person who has the right to file absconding report in the Labor Office and the ban is the employer\sponsor.
However, if the report is not true then go to the labor office and proof that until it is investigated by the Ministry of Labor and to find out the facts, if it was proved then it can be removed and punish the sponsor.
For the work termination the below article states:
Article (116)
If the contract is terminated by the worker for reasons other than those stipulated in Article (121), the worker is obliged to compensate the employer for what is stipulated in article (121) Shall be entitled to loss as a result of the dissolution of the contract, Exceed the amount of compensation paid half a month for a period of three months or the remaining term of the contract whichever is shorter, and all that unless there is a provision in the contract providing otherwise

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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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