absconding case due to late issuance of visa should I pay for the penalty?

lovekoto · #1 (**permalink**) 21st May 2010, 01:55 PM

Hi there! please help me. I have a friend who transfer to a new company. When he left he did all the necessary documents and settlements. He had final settlement of 45 days of his salary and get his visa cancelled. When he got the visa cancellation he submitted it to his new employer and he even had their emails of communicating about his transfer. His visa was cancelled Nov. 10, 2009 and he also started reporting to new employer. According to cancellation he must exit the country on Dec 9 that is the 1 month grace period of stay. But he only get new visa frm his new company last Feb 2 2010. When he brought the paper to his previous company to withdraw his passport its too late because they have sent it to jafza for absconding case. Now he paid from his own salary first the amount of 1600 AED claimed by the prev company and now again 1800 AED for the release of his passport in JAFZA. Does an employee should pay all this expense when he has been consistently asking them about the new visa and he get only the reason of being denied from the first application of his visa.please help my friend...

Maz25 · #2 (**permalink**) 22nd May 2010, 04:16 PM

His previous company has every right to claim the money as they cancelled the visa on time and the grace period to leave the country was very clear. Why should they bear the cost for your friend overstaying?

Ultimately, it is common knowledge that you are allowed 30 days to leave the country after cancellation of a visa; if you choose to stay beyond that date, despite knowing full well that you do not have legal status in the country, then the fine belongs to you. Your friend had the option of exiting the country and coming back on a visitor's visa - he chose to stay, hence the fine belongs to him. He should have come to an agreement with his current employer regarding his visa status prior to the grace period expiring - once the fine is incurred, it is too late to start arguing about who should bear responsibility for the fine. In the eyes of the law, if the fine is registered against your name, then you should pay it. Take it as a very expensive lesson and move on.

vastmassive · #3 (**permalink**) 23rd May 2010, 07:00 AM

In this instance, your friend will have to obtain the services of a lawyer, he has the right to get his new employer to pay these expences, however he must have all of the prof that he was trying to get in touch with the company for the entire time

Maz25 · #4 (**permalink**) 23rd May 2010, 04:03 PM

Quote:

Originally Posted by vastmassive

In this instance, your friend will have to obtain the services of a lawyer, he has the right to get his new employer to pay these expences, however he must have all of the prof that he was trying to get in touch with the company for the entire time

I'm not sure I would agree for the following reasons:

1. The lawyer will end up costing more than the fines and in this current market, it is not wise to take your current employer to court over something this trivial and that could be sorted using other means. The better option would be to try and sort this out amicably and if they say no, to simply leave it.

2. Taking the matter to court = admitting to working illegally. That could invite a fine or worse.

My two pence!

I've lost far more money than that because of a crooked employer! I had no chance of getting a penny nor could I afford to waste more money on legal fees so chose to lick my wounds and move on.

lovekoto · #5 (**permalink**) 24th May 2010, 03:51 PM

Thank you for your advices, I know this is complicated for him for he is currently employed with them and much more risky if they will not help him out to get out of this problem. Right now in fairness with the HR, the PRO is working on it but the hurting side is that he has been paying for all the penalties which has taken his two months salary. Thanks God his passport will be released but again the gov. is asking for the fine incurred for his stay without visa, i mean he had visa for two months but because of his case they cant apply yet for the residence visa not until he is cleared. Now the agony is who will be paying for the fines of his stay which costs 10AEd per day and he had two months now....I hope you can give me your suggestions for this last matter and hope that no more people out there who will suffer for this kind of situation because its really stressing and scary i would say..thank you and God Speed to all..