Employer delaying visa cancellation: a frequent issue for UAE residents

viIn countries like the UAE, employers have to cancel their employees’ work visas after their employment contracts end or expire. This way, employees can move on and find other jobs or leave the country, depending on their needs and desires. But in some cases, it is common to find an employer delaying visa cancellation, which is a common legal issue.

In this article, you will learn everything you need to know about the work visa cancellation process in the UAE. And you will also learn what to do if there is an employer not cancelling your visa in the UAE. Furthermore, we will provide you with tips to cancel your own work visa and get a new one if needed. Let us observe:

  1. What is a work permit or visa in the UAE?
  2. Why must your employer cancel your visa after you leave the company?
  3. What steps should you follow in case your employer delays your visa cancellation?
  4. How many requirements are necessary to complete the visa cancellation process?
  5. How can you cancel your own work visa in the UAE?
  6. Can you leave the UAE while your work visa is still valid?
  7. Why should you choose Connect Resources to solve legal issues?

1. What is a work permit or visa in the UAE?

Employer delaying visa cancellation

If an ex-pat desires to work in the UAE, their employer must get a work permit or visa for them. With this document, they can legally carry out their work in any emirate until it expires or their employment ends. And once their employment contract ends, their employer must cancel their work visa or permit within the allowed period.

In other words, if there is an employer delaying visa cancellation of an employee’s work visa, there will be consequences. On one hand, this issue can complicate the process for the employee to find another job or leave the country. On the other hand, the employer may face legal penalties and other consequences for acting contrary to government rules and regulations.

When cancelling an employee’s work visa or permit, the visa cancellation status in the UAE will be an important element. For example, after the cancellation process, the worker can apply for a new permit. And during this process, they have to keep a status that allows the transference of their residence to another sponsor.

1.1. How can you obtain a work visa in the UAE?

Firstly, you should know that there are two authorities that issue this visa in the United Arab Emirates. These are the MOHRE (Ministry of Human Resources and Emiratisation) and the GDRFA (General Directorate of Residency and Foreign Affairs). Any of these authorities will provide you with the work visa or permit that you need to start working legally.

But your employer will be the one responsible for getting a work permit for you since he/she is your sponsor. Now, to complete the application process, it is necessary to follow these steps:

  • Your employer must print the application for the work visa on the official website of the Ministry of Labour.
  • Then, your employer must submit the required documents (medical tests, copies of your passport, and more).
  • The next step will be waiting for the Ministry to review the application and approve it.

During the process, it will be necessary to pay certain fees, which will vary depending on the work permit category.

1.2. Is it possible to work in the UAE without a work visa?

As we mentioned before, a work visa or permit is a document that will allow you to work legally. Therefore, if you do not have it, you will be considered an illegal employee, which can lead to severe consequences. For instance, working without this permit can lead to deportation, as well as penalties for the hiring company.

In other words, if you are a foreign professional looking for job opportunities in the UAE, you must get this document. This way, you will avoid legal issues that may interfere with your professional career and success in this country. Once you have already obtained your UAE work visa, you can start legally working in the country.

But remember, after your employment contract expires/ends/gets cancelled, the work permit cancellation in the UAE will be immediately necessary. Otherwise, you may face other types of legal issues that will not benefit you at all. In case you have your employer delaying visa cancellation, you must contact the pertinent authorities to solve this situation soon.

2. Why must your employer cancel your visa after you leave the company?

An employer delaying visa cancellation may have to face penalties for acting against the rules in the UAE. And even though this is a frequent legal issue in the country, it is still a costly mistake for employers. Therefore, it is mandatory for all employers to cancel their employees’ work visas after their employment contracts end.

As you may know, this visa is a document that specifies the name of the company you are working for. As a result, you cannot use it to work in another organization after you leave that particular company. And your employer is responsible for cancelling it after you finish your notice period. This process should take 1 or 2 working days at maximum.

On the other hand, you should learn how to check the UAE visa cancellation status online. This way, you can track the visa cancellation process and notify the MOHRE in case your employer delays it. And, like this, you will avoid problems when applying for another job in the country.

3. What steps should you follow in case your employer delays your visa cancellation?

As we previously mentioned, employers in the UAE must cancel their employees’ work visas after terminating their employment contracts. But in some cases, an employee can find their employer delaying visa cancellation, which is illegal and brings consequences for them.

And in those occasions, the employee can contact the MOHRE and file a complaint to solve this issue. If your employer does not cancel your visa on time, you can call the Ministry by phone or visit the website. The MOHRE’s website has a chat function that can help you get the information you need to file your complaint.

After you report your situation, the Ministry will contact your employer and tell them to cancel your work visa immediately. Usually, this procedure is enough to solve the case and make your employer cancel your visa quickly and without hesitation. But if your employer keeps delaying the process, the Ministry may take further action.

4. How many requirements are necessary to complete the visa cancellation process?

In order to carry out the work permit cancellation in the UAE, it is mandatory to provide the necessary paperwork. In the same way, there is a number of steps that must be followed when cancelling your UAE work visa. Your employer must complete this process on your behalf after your notice period ends and your employment contract expires.

As per the UAE Labour Law visa cancellation rules, companies must follow these guidelines to complete the process correctly:

  • Firstly, employers must enter the official MOHRE’s website and submit the required documents electronically.
  • Subsequently, the Ministry will issue the application to the General Directorate of Residency and Foreign Affairs (GDRFA).
  • Then, the GDRFA will officially cancel the employee’s work visa and inform the Ministry about it.
  • After the Ministry cancels the visa permanently, the employer will ask the employee to sign a letter. This letter is about the work contract cancellation. The visa cancellation status check online in the UAE is available in case the employee needs it.

You must also know that this letter has to prove that the employer paid the respective salary and settlements. Another important fact about this process is that there is a maximum of 10 days of waiting. Therefore, if you have your employer delaying visa cancellation, make sure to notify this situation to the Ministry soon.

5. How can you cancel your own work visa in the UAE?

Employer delaying visa cancellation

Unfortunately, it is not possible to cancel your own UAE work visa after your contract ends or gets cancelled. The work permit cancellation in the UAE is a process that only sponsors and corporations can carry out for employees. Therefore, if you desire to quit your job to find another one, you must request your employer to do this process.

And since employers are completely responsible for cancelling this visa, an employer delaying visa cancellation can be an uncomfortable situation. In case this issue happens to you, you must follow the steps we previously mentioned to notify the pertinent authorities.

And once your employer completes the visa cancellation process, you will have two options available to make an important decision. First, you can find another job, and your new employer will have to issue a new work permit for you. Or second, you can opt for leaving the UAE (in this case, you will have 30 days to depart the country).

6. Can you leave the UAE while your work visa is still valid?

If a foreign employee stays out of the UAE for more than 6 months, their visa will be immediately terminated. So, if you do not want that to happen, you cannot be absent for more time than the Labour Law specifies. Otherwise, you will lose your work visa. However, it is possible to re-apply for your entry permit if you want to return to the country.

But you should know that getting this permit can be complicated if you leave the UAE without notifying your employer. And in that case, your employer is allowed to report you as defaulting for not following the employment contract’s conditions. You may not only get your visa revoked but also have other legal problems for being absent for so long.

Furthermore, it is also possible that the company initiates an absconding complaint to request a repayment of your employment deposits. Therefore, it is not recommendable to stay out of the UAE for more than 6 months if you still have a work visa.

7. Why should you choose Connect Resources to solve legal issues?

Knowing about the UAE Labour Law and regulations is essential to avoid legal problems that can interfere with your success. By having the necessary knowledge about it, you can solve many issues, such as having an employer delaying visa cancellation. And with Connect Resources by your side, you will have the best specialists to solve this kind of issue easier.

After solving this problem, you can obtain a new work visa with our visa specialists. You can request our services in case you desire to get a work permit or any other type of visa. And we can also help you get a residence visa, freelance visa, and many other documents in the UAE easily.

If you run a UAE company, you can request our HR services to improve your operations:

Do you need legal assistance to cancel your work visa in the UAE? If your employer delaying visa cancellation is already a problem for you, Connect Resources will help you solve this case. By calling us at +971 43 316 688, you can talk to one of our specialists who will provide you with all the details you need. Or you can also send an email to contact@connectresources.ae to receive more information.

And once you solve your visa issues, you can visit thetalentpoint.com to find a new and better job. With this website, you can discover lots of job offers across the UAE and other countries in the Middle East. Make sure to submit your application and CV at contact@thetalentpoint.com to apply for a job or get more information about our services.

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