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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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Sir can I cancel the visa after 9 months from the...

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Sir can I cancel the visa after 9 months from the company because the company is not paying the salary

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Answer please

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please kindly note that according to the data provided to us in your inquiry, first and according to the Federal Residence Law, whoever has the right to cancel the visa is the sponsor or his representative, and the worker cannot cancel it himself, but in the event of any violation of the labor law or the employment contract, such as non-payment of wages before the office, it is possible to apply. Work for the purpose of transferring the sponsorship without the need for no objection from the sponsor
***Here are the cases of transferring the sponsorship without the consent of the sponsor as follows:
The first case: that the employer falls into the “red” range through a program called “Nitaqat”, and the second case: if the employer did not renew the worker’s license and residency one month after its expiry, and the third case: if the employer did not pay or pay the salary to the worker within A period of three months, in this case the worker has the right to transfer his sponsorship, and in this case it is called the termination of a contract with the first sponsor, and the worker turns to the labor office to obtain his rights from the first sponsor,
As the Saudi Ministry of Labor has set the conditions for transferring sponsorship without the consent of the employer in the Kingdom of Saudi Arabia, and it takes place in three cases:
1. It is required that the employer be in the “red” zone in the “Nitaqat” program.
2. In the event that the employer does not renew the license and residence of the expatriate worker in the Kingdom of Saudi Arabia one month after its expiry.
3. In the event that the employer did not pay the salary to the worker for a period of at least three months.
Note that if any of the previous three cases is available to the worker, the worker has the right to transfer his sponsorship without the approval of the first sponsor to another sponsor directly through the labor office in which the complaint is submitted to another company or institution with another sponsor.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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