Penalty for Leaving without Properly Canceling a Visa

Go Back   Expat Forum For People Moving Overseas And Living Abroad > Middle East > Dubai Expat Forum for Expats Living in Dubai

Dubai Expat Forum for Expats Living in Dubai Have you made Dubai your new home? Are you thinking about moving to Dubai? If you want meet like minded Expats living in Dubai then you have come to the right place. Join the Dubai Expat Forum and discuss food, meet friends, talk property in Dubai, finances, jobs and much much more.

Penalty for Leaving without Properly Canceling a Visa


Closed Thread
 
Thread Tools
  #1 (permalink)  
Old 27th July 2008, 07:32 PM
Member
 
Join Date: Aug 2007
Location: Abu Dhabi
Posts: 273
Rep Power: 136
cairogal is on a distinguished road
2 likes received
3 likes given

Users Flag! Originally from usa. Users Flag! Expat in uae.
Default Penalty for Leaving without Properly Canceling a Visa

What happens when someone leaves a contract, but doesn't properly cancel a work visa? Is it a financial penalty? A ban of a specified time period from work in the UAE? Thanks!

  #2 (permalink)  
Old 27th July 2008, 11:11 PM
Member
 
Join Date: Jun 2008
Posts: 246
Rep Power: 0
qwert97 is on a distinguished road

Users Flag! Expat in uae.
Default

Quote:
Originally Posted by cairogal View Post
What happens when someone leaves a contract, but doesn't properly cancel a work visa? Is it a financial penalty? A ban of a specified time period from work in the UAE? Thanks!
I can tell you from my experience in Kuwait and I am pretty sure similar rules may apply in UAE. Most companies have an entitlement of 'x' amount of employment visas. So if visa is not canceled they cannot apply for an employment visa for another employee since that spot is taken. Hence some companies declare the person as a absconder and that means that unless the visa is canceled the employee cannot enter the country.

  #3 (permalink)  
Old 27th July 2008, 11:19 PM
Member
 
Join Date: Aug 2007
Location: Abu Dhabi
Posts: 273
Rep Power: 136
cairogal is on a distinguished road
2 likes received
3 likes given

Users Flag! Originally from usa. Users Flag! Expat in uae.
Default

Quote:
Originally Posted by qwert97 View Post
I can tell you from my experience in Kuwait and I am pretty sure similar rules may apply in UAE. Most companies have an entitlement of 'x' amount of employment visas. So if visa is not canceled they cannot apply for an employment visa for another employee since that spot is taken. Hence some companies declare the person as a absconder and that means that unless the visa is canceled the employee cannot enter the country.
I had heard that absconders had a one year ban, but I've never heard of indefinite bans for such an offence. I do know that you're right about the non-canceled visa preventing the employer from getting that spot replaced. I'm just wondering if there is a monetary penalty and/or specifics about that ban.

  #4 (permalink)  
Old 28th July 2008, 05:07 AM
Pasanada's Avatar
Member
 
Join Date: Feb 2008
Location: Planet Earth
Posts: 1,656
Rep Power: 239
Pasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond reputePasanada has a reputation beyond repute

Users Flag! Originally from uk. Users Flag! Expat in afghanistan.
Default

Quote:
Originally Posted by qwert97 View Post
I can tell you from my experience in Kuwait and I am pretty sure similar rules may apply in UAE. Most companies have an entitlement of 'x' amount of employment visas. So if visa is not canceled they cannot apply for an employment visa for another employee since that spot is taken. Hence some companies declare the person as a absconder and that means that unless the visa is canceled the employee cannot enter the country.
I was recently led to believe that it's an employment and not immigration ban that is placed on absconder's.

With the speed that the UAE changes it's rules, neither one of us could be right or wrong in this case!! LOL

  #5 (permalink)  
Old 28th July 2008, 08:37 PM
Member
 
Join Date: Jul 2008
Location: Perth, Australia
Posts: 4,529
Rep Power: 94780
Maz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond repute
504 likes received
49 likes given

Users Flag! Originally from seychelles. Users Flag! Expat in australia.
Default

Quote:
Originally Posted by Pasanada View Post
I was recently led to believe that it's an employment and not immigration ban that is placed on absconder's.

With the speed that the UAE changes it's rules, neither one of us could be right or wrong in this case!! LOL
I believe that it is an unemployment ban that you receive. You can still visit the UAE on a visit visa. However, the last time that I was researcing the subject, it appeared that the ban starts from the day your visa is actually cancelled. Hence, if your employer fails to inform the immigration service that you have left, you might get a nasty shock a year later when another employer tries to get you a visa and it's discovered that your previous visa was never cancelled. Things might have changed (more likely than not) since I last read that article and it would be better to make enquiries and get the facts rather than leave it to chance.

  #6 (permalink)  
Old 1st August 2008, 05:11 PM
New Member
 
Join Date: Aug 2008
Posts: 31
Rep Power: 0
acassim is on a distinguished road

Users Flag! Expat in uae.
Default

I left at the end of 2006 without the "exit stamp" to show that I left the country although my visa was already cancelled. I know that the HR lady went crazy and started calling me while we were preparing for take off and insisting that I come out immediately to get the paper stamped. Needless to say, it was a bit late for that.

I came back into the country in Jan 08 and found a job by April. There were no issues. If the company has the energy and resource, I would presume that they ban you. I guess it would have shown on the system if there was some sort of ban on me.

  #7 (permalink)  
Old 2nd August 2008, 04:48 PM
New Member
 
Join Date: Jul 2008
Posts: 5
Rep Power: 0
jenniferjames is on a distinguished road

Users Flag! Expat in uae.
Default

Hello,

If you have a visa with an employer which I understand costs them around £1000 and I am required to pay back over a period of time, and decide to leave early would I have to pay the company the full amount before I leave? I will ask but just wondering if any companies do this?

  #8 (permalink)  
Old 2nd August 2008, 04:59 PM
Member
 
Join Date: Jul 2008
Location: Perth, Australia
Posts: 4,529
Rep Power: 94780
Maz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond repute
504 likes received
49 likes given

Users Flag! Originally from seychelles. Users Flag! Expat in australia.
Default

Quote:
Originally Posted by jenniferjames View Post
Hello,

If you have a visa with an employer which I understand costs them around 1000 and I am required to pay back over a period of time, and decide to leave early would I have to pay the company the full amount before I leave? I will ask but just wondering if any companies do this?
Is there any reason why your employer wants you to pay back the visa cost in the first instance??? The visa cost is normally borne by the employer NOT the employee. They are responsible for submitting the application and paying for the employment visa, medical test and residence permit. I have yet to hear differently. Certainly, as long as you are still working for a company, the cost associated with obtaining your visa is their responsibility NOT yours!

However, if you are given a one-off relocation payment, there might be a clause in your contract that stipulates that you need to pay this back, on a pro-rata basis, in the event that you leave the company before completing a certain length of service. The length of service varies. I had 2 job offers and the minimum length of service varied from 1 to 2 years. Under the circumstances, the company might decide to also reclaim your visa cost from your final salary!

  #9 (permalink)  
Old 2nd August 2008, 05:29 PM
New Member
 
Join Date: Jul 2008
Posts: 5
Rep Power: 0
jenniferjames is on a distinguished road

Users Flag! Expat in uae.
Default

well the job is commission based which I know is risky but I am on a commission based role here in the U.K. and I think I have the determination to do it. However, there may be opportunities that I would rather take whilst out in Dubai. I work for a company here which also has an office in Dubai so that could be a possibility if the job I go for doesn't work out.
Also is the medical test done in Duabi or by your doctors before you leave?

  #10 (permalink)  
Old 2nd August 2008, 05:41 PM
Member
 
Join Date: Jul 2008
Location: Perth, Australia
Posts: 4,529
Rep Power: 94780
Maz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond reputeMaz25 has a reputation beyond repute
504 likes received
49 likes given

Users Flag! Originally from seychelles. Users Flag! Expat in australia.
Default

Quote:
Originally Posted by jenniferjames View Post
well the job is commission based which I know is risky but I am on a commission based role here in the U.K. and I think I have the determination to do it. However, there may be opportunities that I would rather take whilst out in Dubai. I work for a company here which also has an office in Dubai so that could be a possibility if the job I go for doesn't work out.
Also is the medical test done in Duabi or by your doctors before you leave?
All medical tests are done in the UAE. Your employer will book it for you and advise you where to go to get it all done.

In regards to your move, I think that you have a serious decision to make. Either you move to Dubai with your current employer or with your new employer. Changing jobs in the UAE is quite tricky. In all likelihood, you will be hit by a labour ban. If you have completed less than one year's service with your current employer, a 6-12 month labour ban is a certainty! If you wish to seek employment elsewhere, you will need an NOC from your current employer, before you will be able to take up another job. If he refuses to hand it over, you will get a labour ban again. Even when your current employer decides to be amicable about your departure, you can still get a ban and the process for getting it lifted is complicated.

I would advise you take a look at this article Gulfnews: A few things to note before changing jobs

There are plenty of articles on Gulf News that deal specifically with changing employment and visa issues. Please read then before making a decision. I appreciate that in the UK, we can change jobs as often as we like and if things do not work out, you simply find a new job. In Dubai, this is easier said than done and I think that it is imperative that you familiarise yourself with the law in the UAE before you move to Dubai, just so that you are aware of what can and cannot be done and the rights afforded by the law to both you and your employer. The law is more often than not in the employer's favour and if he wants to ruin your career in Dubai, then he can do so! Sure, you can come back after the ban is lifted if you are unlucky enough to get one but the fact of the matter is that we all come to Dubai for a better life and increased career prospects and none of us would want to find ourselves forced out of the country simply because we did not understand how things really work in Dubai. Sorry if I sound harsh but it is better to know now than to find out later! I very nearly fell in that trap myself!

Best of luck with your decision and your move to Dubai.


Last edited by Maz25; 2nd August 2008 at 05:50 PM.
Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Canceling my tenancy, please help nzdiaspora Dubai Expat Forum for Expats Living in Dubai 24 26th April 2011 11:27 AM
absconding case due to late issuance of visa should I pay for the penalty? lovekoto Dubai Expat Forum for Expats Living in Dubai 4 24th May 2010 03:51 PM
One Common Question About Penalty on without Cancelling Visa almas_ali Dubai Expat Forum for Expats Living in Dubai 1 18th December 2008 10:46 PM
Information about penalty for not cancelling employment visa almas_ali Dubai Expat Forum for Expats Living in Dubai 0 18th December 2008 05:01 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.
FORUM PARTNERS

ExpatForum.com is owned and operated by VerticalScope Inc.

Retiring Overseas Guides | Moving Overseas Guides | Cost of Living | Health Care Guides


All times are GMT. The time now is 05:45 PM.


Powered by vBulletin®
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO