UAE – Is it legal to retain a visa after employee completes notice period?

The work permit or visa of employees is an important element that employers must take into account during certain processes. For example, when an employee leaves the company that he or she is working for, the employer must carry out the visa cancellation during the notice period. However, some employees may wonder if it is legal to retain their visas after they complete their notice period.

In this article, you will discover what you should know about the visa cancellation process during and after the notice period. And with this information, you will have the knowledge you need to have for a situation of this kind. Besides, here you can also get additional information about work permits and visas for employees and professionals in the UAE. Let us observe:

  1. What is a work permit or visa in the UAE and why is it important?
  2. How many things should you take into consideration when resigning from a job in the UAE?
  3. Can your employer retain or delay your visa after your notice period?
  4. How should an employer cancel their employee’s UAE work permit and work visa?
  5. What is the process to cancel your UAE work permit in case you are changing jobs?
  6. Are there any documents required to complete the UAE visa cancellation process?
  7. Other frequently asked questions regarding the visa cancellation process in the UAE
  8. How can Connect Resources help you get more information about this affair?

1. What is a work permit or visa in the UAE and why is it important?

If you desire to live and work in the UAE, you will need a work permit or visa. Legal documents like these allow you to perform your activities while living in the country legally. And if you do not want to have any legal issues with the authorities, you must get these documents.

Nonetheless, there are many other things that you should know about work permits in the UAE. Since those documents expire, they will only allow you to live and work in the country for a determined period. On the other hand, you should also know that the visa cancellation during the notice period must be taken into account.

1.1. What is the notice period?

The notice period is the length of time in which the employer knows about the departure of an employee from the company. In other words, it is that exact period before the employee actually leaves the company.

And after this period, the employer must follow certain procedures to cancel the employee’s visa. But in case you are wondering if the visa cancellation is possible, keep reading the information below.

2. How many things should you take into consideration when resigning from a job in the UAE?

Before resigning and going through the visa cancellation during the notice period, you need to consider some factors. And, of course, the main ones are related to the nature of termination, notice period, and the visa’s cancellation. As for the notice period, it will last at least one month and three months as maximum.

Other important things that you must keep in mind when resigning are these:

  • Requesting an end-of-service certificate from your employer.
  • Make sure your employer does not hold your passport after your visa is cancelled.
  • Getting an end-of-service or gratuity pay, depending on how long you have worked for that company.

3. Can your employer retain or delay your visa after your notice period?

Many workers tend to ask themselves “can I request my employer to retain my visa if I resign?”. But here, we will answer that question so you have no doubts about it anymore. But firstly, you should know that once you resign, you must serve a notice period that your employment contract stipulates.

According to the Article 43 (1) of the Employment Law, any of the involved parties of an employment contract may terminate said contract. Nonetheless, it must be for a good cause and the party terminating the contract should give the other a notice in writing. Besides, the employee will need to perform their duties during the notice that was agreed upon in the contract.

On the other hand, you should also know that the notice period cannot be less than 30 days. Also, keep in mind that this period should not exceed 90 days. And after completing the notice period, your employer will be able to cancel your work permit and your residence visa. Once the visa cancellation after resignation is completed, the relationship between the employer and the employee will no longer exist.

3.1. Can an employee request their employer not to cancel their residence visa?

As we have previously mentioned, visa cancellation during the notice period is not possible, it should be after that period. However, if you desire to request your employer not to cancel your residence visa, you can do so. Nonetheless, the final decision on whether to retain your visa or not will be entirely up to your employer.

But there is something else that you must know about this important matter, which is the legal aspect of it. If your employer does not cancel your residency visa right after your notice period, there will be serious consequences. You and your employer may have to face the imposition of significant fines by the UAE authorities as penalties.

According to Article 60 (2) of the Employment Law, whoever uses work permits for purposes other than those for which they are issued shall be sentenced to a fine. And that fine can be between AED 50,000 and AED 200,000, depending on the situation. Therefore, the employer and the employee should not try to retain or delay the employee’s visa after the notice period.

3.2. Other relevant facts you should know about this matter

There are some additional details that you should know when it comes to the visa cancellation. And one of them is that your employer may not renew your employment contract if you resign from your employment. The main reason for this is that renewing your contract to issue you with a visa would be illegal.

In order to renew an employment contract, employers must follow certain procedures. And those procedures are the ones that the Article 7 of the Cabinet Resolution No. 1 of 2022 stipulates. On the other hand, you should know that employers cannot hire you if you do not have a work permit.

It is completely illegal to hire people who do not own a UAE work permit or visa. And that is in accordance with the Article 25 of the Immigration Law. This law stipulates that anyone who uses or accommodates a foreigner by violating this law shall get a fine of AED 50,000. And if the same situation is repeated, the penalty will be a fine of AED 50,000 and imprisonment.

4. How should an employer cancel their employee’s UAE work permit and work visa?

Firstly, you should know that you cannot apply for your visa cancellation during the notice period. Your sponsor or employer must the one who cancels it. And the application process for cancelling the visa involves the General Directorate of Residency and Foreigners Affairs. In the case of the process to cancel a work permit, it must be done by your employer too.

But in the case of the work permit cancellation, it involves the MOHRE (Ministry of Human Resources and Emiratisation). Your employer must visit their website and attach all necessary documents electronically, so the MOHRE processes the application.

And besides the visa cancellation, your employer must also submit a letter confirming that you received your wages and benefits. And you, as the employee, must sign this letter if you have indeed received all these elements from your employer.

5. What is the process to cancel your UAE work permit in case you are changing jobs?

In case you are not leaving the country but changing jobs only, your employer has to cancel your work permit. And this process is easier if your employment contract has already ended. Nonetheless, if you desire to change jobs when your current contract has not ended, then the process can be a bit more complex.

In that case, your current employer has to sign a NOC (No Objection Certificate). With this document, your employer can transfer sponsorship to your new employer. However, you might get an employment ban if your current employer does not agree to terminate your contract earlier.

On the other hand, you have to give your new employer the visa cancellation paper to process your new work permit. That is in case your current employer signs the NOC and cancels your visa successfully.

6. Are there any documents required to complete the UAE visa cancellation process?

The main document that will be necessary is the UAE visa cancellation form signed by your sponsor or employer. And other documents that the visa cancellation during the notice period requires are these:

  • Your original passport and original ID card.
  • Your sponsor may submit a computerized extract of your residence visa if you are not in the country when he/she cancels your visa. And in that case, the Naturalisation and Residency Department provides the computerized extract of the visa.
  • In case your sponsor is your employer, it must be necessary the approval from the MOHRE. Also, it will be necessary the visa cancellation form, which must be signed and sealed by the company stamp.

7. Other frequently asked questions regarding the visa cancellation process in the UAE

7.1. How much can cost the UAE visa cancellation process?

Cancelling a visa may have different costs, depending on the specific office in which the visa owner applies. But the cost of cancelling this document usually ranges between AED 100 and AED 200. Besides, the sponsor is the one who must cover this expense.

7.2. How long does it take to cancel a UAE visa?

Usually, this process takes between 1 and 2 working days. However, if your sponsor cancels your work permit or labour card too, it takes one more working day. To summarize, the entire process may take up to 3 working days.

8. How can Connect Resources help you get more information about this affair?

In case you require more information about visa cancellation during the notice period, Connect Resources can provide you with it. With our specialists, you will be able to get all the relevant information about visas and work permits. Besides, you can also get our visa and government services to get the legal documents and advice that you need.

And if you are an employer, you can provide your employees with work visas with our many available HR services. In addition, some of the services that we can offer are related to labour and immigration cards, family visas, etc. Make sure to contact us if you desire more information about our services for you and your business.

Would you like to contact us to obtain more information about the process of cancelling your UAE visa after leaving a company? If your answer is yes and if you have any questions, feel free to write us an email at contact@connectresources.ae is another good alternative. Once you do it, you will talk to one of our representatives who will gladly answer all of your questions.

Furthermore, if you desire to find the most favorable job opportunities, make sure to visit thetalentpoint.com website. There, you will need to submit your CV or resume to search for your dream job effortlessly. Plus, you can also feel free to send an email at contact@thetalentpoint.com, so we can receive your application and review it.

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