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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

My brother who was a finance manager in fujairah...

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My brother who was a finance manager in fujairah emirates. He lost his job and overstated here for one year now he got a job offer from a dubai company how to reduce fine .old company removed ban but not willing to approach to fine waver.what is the aolutiom

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الرد من العميل

Any possibility

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

Visa already canceled last year by company.and they put ban .but now they removed the ban but not cooperating to reduce fine.new company is ready to give him visa but how to reduce his huge fine

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 the UAE Labor Law, if you have fines due to the overstay then you can’t be pardoned or install it, but you can try to go to the Immigration and Residence and apply grievance letter to discount, and they may accept or refuse that.
For the overstay fines, the below articles state:
Article 77
The Executive Regulation of Federal Law, stipulating that the competent Naturalization and Residency Department shall collect a fine of 100 AED for each day in which the alien resides illegally. As the penalty shall be calculated from the day following the expiration of the non-renewable visa and the expiration of 10 days for the renewable visas and seven days from the date of issuance of the exit permit for violators of the Aliens Entry and Residence Law.
Note that, the Nationality and Residency consider the 100 AED fine from the first day of expiration of all visa types even visit, transit, entry, tourist and entry permit to visit residents in the GCC.
Article 78
Of the same law stipulates that, except in the cases mentioned in the preceding article, the financial fine obtained by an alien for his illegal residence in the country after the expiration of his/her visa/residence permit, as it shall be calculated as the following:
· (25 AED) on every day of the first six months,
· (50 AED) for each of the next six months.
· (100 AED) for each day next to the year

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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