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Expiry of employment visa


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fayz
Quick question what if Iím thinking about leaving my current employer, my visa will be running out soon. What happens if I just let it run out i.e. my 3 year employment visa ends in a few weeks (time flies) what does that actually mean for me? If I simply let it lapse what are the ramifications? Do I have any binds to anything? I likely wonít let this happen simply because I donít think it is professional but am curious as to what would happen, anybody care to offer opinions? Thank you in advance.



sage & onion
If your employment visa expires you still have to get it cancelled I believe, i.e. if you try to leave the Country they may take your passport and ask you to cancel the visa. Your Company would also need to clear you from their files by cancelling the visa. I believe that this is the case however, some others may have more detailed information.
Concord
  • fayz wrote:
    Quick question what if Iím thinking about leaving my current employer, my visa will be running out soon. What happens if I just let it run out i.e. my 3 year employment visa ends in a few weeks (time flies) what does that actually mean for me? If I simply let it lapse what are the ramifications? Do I have any binds to anything?
    I likely wonít let this happen simply because I donít think it is professional but am curious as to what would happen, anybody care to offer opinions?
    Thank you in advance.

I am assuming you would leave the country just before it expires - so that there will be no visa over-stay.
After the expiration of your visa, technically your employment contract will be void/terminated because you will lack capacity to enter into a contract of employment as you would not be legally permitted to work. Thus you either have an employment contract of less than 3 years (as it cannot be longer based on the visa) or a contract without a term (which under the visa would be 3 years max) which is renewable. The employment contract might impose an obligation on your part to renew the visa upon renewal of the contract beyond 3 years but such clause would in itself "drop" upon the expiration of the visa and would be unenforceable by the employer since the contract would have terminated/expired by virtue of the lapse of the visa.
I would argue that at the expiration of 3 years you have no further obligation to the employer and viceversa. Check whether the contract is automatically renewable and whether it imposes an obligation on you to apply for renewal of the visa (again, arguably unenforceable once the visa expires)
Whether or not your Employer will raise hell over it and the "professional" impact on you are another matter.
I would advise that if you are thinking of leaving on the expiration of the visa that you give the requisite notice time per contract which coincides exactly with the expiration of the visa (typically 30 days). This way there is no issue of your "breach" when you come around to collect the unpaid amounts including gratuity, etc.
Anyway, a good question.
Did I mentioned I've been wrong once before!
Concord
Oh and you have to cancel your visa on expiration :P
Chocoholic
Fayz, Although your visa will expire, you still MUST get it cancelled or you will get charged for not doing so. I had this with an employer, my current visa was expiring and I was going to change to another sponsor. But you can't just let it run out, you still have to go through the process with immigration over cancelling it.
sage & onion
  • Concord wrote:
    Oh and you have to cancel your visa on expiration :P

You are always ready to ridicule others, however it is a must here that even when you visa expires it has to be submitted for cancellation.
dbxsoul
Hi Fayz
Article 40
Where the parties to the contract continue - after expiry of its initial term or completion of the work agreed upon - to perform the contract without explicit agreement, the original contract shall be deemed to have been extended on the same conditions except for the term.
Article 117
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers , the notice period shall be as follows:
a- One week: if the worker has been employed for more than six months but less than one year.
b- Two weeks: if the worker has been employed for not less than one year.
c- One month: if the worker has been employed for not less than five years.

Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period . The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests.
The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
I seem to remember that once your labour card was cancelled your residency visa was then cancelled within a week and you have 30 days from date of cancellation of the rsidency visa to either exit the country or process a new labour application and residency visa... may be a bit rusty though ..
gtmash
After the 30-day grace period, isn't there a Dhs 100 per day fine?
sage & onion
  • gtmash wrote:
    After the 30-day grace period, isn't there a Dhs 100 per day fine?

This is correct.
fayz
Thank you all for the information, greatly appreciated.
  • sage & onion wrote:
    • Concord wrote:
      Oh and you have to cancel your visa on expiration :P

    You are always ready to ridicule others, however it is a must here that even when you visa expires it has to be submitted for cancellation.

Although I'm not sure what the purpose of this post was?



Concord
  • dbxsoul wrote:
    Hi Fayz
    Article 40
    Where the parties to the contract continue - after expiry of its initial term or completion of the work agreed upon - to perform the contract without explicit agreement, the original contract shall be deemed to have been extended on the same conditions except for the term.
    Article 117
    1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
    2. For the daily-paid workers , the notice period shall be as follows:
    a- One week: if the worker has been employed for more than six months but less than one year.
    b- Two weeks: if the worker has been employed for not less than one year.
    c- One month: if the worker has been employed for not less than five years.

    Article 118
    A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period . The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests.
    The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
    I seem to remember that once your labour card was cancelled your residency visa was then cancelled within a week and you have 30 days from date of cancellation of the rsidency visa to either exit the country or process a new labour application and residency visa... may be a bit rusty though ..

Dxbsoul,
The forgoing relates to the extension of the agreement and notice requirement. But if the visa expires and is not renewed by the employee (Fayz' scenario) then the agreement and its terms would be moot (even where there has been compliance with the notice - Article 40 eq seq). Correct?
dbxsoul
True, however I seem to recall that if the employee does not give notice of his intentions to end the contract (even though the contact is due to terminate), the employer can expectedly assume that the contract will simply be extended; the same applies from the employees side, if the employer give him no indication that his contract will not be renewed (at the end of the given period), he can expectedly assume that the contract period is extended by default (according to the conditions of the existing contract). In Fayzs' situation I would rather advise that he notifies his employer of his intention not to renew.
^ian^
  • fayz wrote:
    Thank you all for the information, greatly appreciated.
    • sage & onion wrote:
      • Concord wrote:
        Oh and you have to cancel your visa on expiration :P

      You are always ready to ridicule others, however it is a must here that even when you visa expires it has to be submitted for cancellation.

    Although I'm not sure what the purpose of this post was?

Just Sage being a wanker... and upping his post count. He has a new goal... 20,000!
Concord
  • dbxsoul wrote:
    True, however I seem to recall that if the employee does not give notice of his intentions to end the contract (even though the contact is due to terminate), the employer can expectedly assume that the contract will simply be extended; the same applies from the employees side, if the employer give him no indication that his contract will not be renewed (at the end of the given period), he can expectedly assume that the contract period is extended by default (according to the conditions of the existing contract).
    In Fayzs' situation I would rather advise that he notifies his employer of his intention not to renew.

I agree and that was my advise as well.
Fayz, bill on the way!
dbxsoul
Quite a heafty bill as well, Fayz, you may have to get a second job to pay off all your consultation expenses :)
arniegang
going off topic slightly Fayzy - does this mean you are going or staying mate?? :?
sage & onion
  • ^ian^ wrote:
    • fayz wrote:
      Thank you all for the information, greatly appreciated.
      • sage & onion wrote:
        • Concord wrote:
          Oh and you have to cancel your visa on expiration :P

        You are always ready to ridicule others, however it is a must here that even when you visa expires it has to be submitted for cancellation.

      Although I'm not sure what the purpose of this post was?

    Just Sage being a wanker... and upping his post count. He has a new goal... 20,000!

Another one coming in with the name calling.
However it was commenting on Concords obvious disbelief that you have to cancel an expired work visa, which is the case.
Concord
  • sage & onion wrote:
    • Concord wrote:
      Oh and you have to cancel your visa on expiration :P

    However it was commenting on Concords obvious disbelief that you have to cancel an expired work visa, which is the case.

Surely you are kidding.
I must admit that I am a bit dense upstairs but "obvious".
And to think I wasn't serious before: But now...
p.s. Sage, I know it is hard for you to do but I suggest you re-read this thread from the beginning, post-by-post and try to get it (well,not your portion as it is just a parroting of previous posts). If you still can't understand it, from a written, language-grammar point of view, feel free to pm me and I'll explain it to you. If you can't comprehend it then...
ps2 I am glad this was a thread by fayz so that neither your nonsense nor arniegang's will distract him. And he has no teets anyway...
fayz
  • gtmash wrote:
    After the 30-day grace period, isn't there a Dhs 100 per day fine?

Just a quick update on this thread, I decided to do the right thing and get my visa renewed, went to do my blood test, everything was going well until I went to immigration and realized the company's trade license was expired, my fault.
I'm going to organize the renewal of the trade license and all that fun stuff but wanted to confirm, do i have 30 days from when my visa expires to renew it? is it better if i do a quick visa run?
Thank you again for all your help.



fayz
  • arniegang wrote:
    going off topic slightly
    Fayzy - does this mean you are going or staying mate??
    :?

I'll be staying in the UAE at least for the short term, I'm thinking Argentina next but I want to wait until Fayz Jr. is old enough to travel, the test will be our trip to Mexico in Feb, if that goes well we'll move forward.
sage & onion
  • fayz wrote:
    • gtmash wrote:
      After the 30-day grace period, isn't there a Dhs 100 per day fine?

    Just a quick update on this thread, I decided to do the right thing and get my visa renewed, went to do my blood test, everything was going well until I went to immigration and realized the company's trade license was expired, my fault.
    I'm going to organize the renewal of the trade license and all that fun stuff but wanted to confirm, do i have 30 days from when my visa expires to renew it? is it better if i do a quick visa run?
    Thank you again for all your help.

Yes you do have a 30 day grace period from the time your visa expires, however if you try to leave the country during this 30 day peiod things may get a bit difficult at immigration. Visa run, now theirs a thought, if your Visa is expired, unfortunately I believe you will have to get it cancelled in order to do a visa run, its a bit of a grey area.
arniegang
pm Dxbsoul Fayz, he will prob know :wink:
fayz
thnx sage, you are right a visa run may not work. Anyhow I'm hopeful to finish everything up before my visa lapses, just with the weekend and then Eid starting next weekend i'm not sure i'll finish in time.
dbxsoul
howdy fayz ..... or should it be "buenas noches" 30 days from the date that the cancellation is stamped in the passport. after that they start fining you 100 aed per day. i assume from the previous bits of info in your posting that there is a mrs fayz and a babmibino fayz as well - remember if you have cancelled yours residency you should cancell theirs as well - if you haven't already...
fayz
thanks dbx, Just for clarrification, I'm not changing jobs nor cancelling my visa at this point in time, I do want to renew it but need to wait until the company license is renewed before I can renew my residency, or not? I'm assuming because the company that is my sponser has an expired license I need that rectified first before I can fix myself. If for example my residency expires on Oct. 25 does that mean I pay 100/day from the 26th or 30 days after the 25th? Thanks again, currently Mrs. Fayz has about 2 years left on her visa and little fayz is only 13 days old, still doesn't have residency, he is of no fixed country for another couple weeks until he gets his passport.
dbxsoul
yep, company license has to be done first. if they can get that sorted then the residency process could get pushed through in a day. the fine kicks in from day 31. haha, i know the storey about waiting for the passport to arrive. BTW congratulations :)




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