Help!!! DO I Need NOC?

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Oct 03, 2007
myric wrote:@dxbsoul

regarding this 6-month ban? yesterday, i think, new mission visa was implemented. this was implemented before but with certain categories.

now, this is for all the employees. can we get this mission visa eventhough that we have a 6-month ban?


I checked regarding 6 month mission visa. Unfortunately it is not for people who are on 6 months electronic ban. If it was, then it would make their carefully crafted new NOC and 6 months ban rule quite redundant..isn't it? It also requires the approval from Ministry of Labour. So its almost like an temporary and cheap employment visa. You can however bring your family to Dubai if you are on a mission Visa.

Thanks guys for free zone tip. I hope this is the case. I, however distinctly remember reading a query on Gulf News regarding NOC rule in Jabel Ali Free Zone and it said one does require an NOC even for A free zone. For your convenience I am pasting that query from their archives.

http://archive.gulfnews.com/articles/07/08/10/10145485.html

Ask the law: August 10, 2007

Compiled by Dina Aboul Hosn
Published: August 09, 2007, 23:15


Get no objection certificate before resigning to avoid ban

Query : A reader in Dubai asks: I am an chemical engineer working on Dubai visa for last two-and-a-half years in a private company as a manager. Mine is an unlimited contract with one special clause - 'can't join competitors'. I have an offer from a non-competitor company in the Jebel Ali Free Zone Authority (JAFZA). If my current company puts a ban and doesn't offer me a No Objection Certificate (NOC), what would be the consequences? Can I remove this ban? Is NOC required for JAFZA? Can I have a JAFZA visa? What about my wife and son? Do I have to exit the UAE along with my family? Please advise.

Answer: The Ministry of Labour currently requires an NOC in case the employee wishes to transfer to another employer.

For that reason, the questioner is advised to seek an NOC from his current employer otherwise he will be subject to a six-month ban, and such a ban cannot be lifted for a financial consideration.

The questioner thus will not be ale to obtain another work permit before six months even if the new employment is offered from JAFZA.

Therefore, if the questioner leaves the country, he is advised to cancel his family's visa according to the immigration and residency rules.



Please can someone tell me that this legal advisor is kidding with the poor questioner :roll: He is not even going to the competitor.

schandel
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Oct 03, 2007
Are all free zones equally free regarding their visa rules and bans etc?
schandel
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Oct 04, 2007
yes, i've never heard anything to the contrary.

there's also a apparently "consultants visa" that you could look at getting through the FZ although it may be a little costly, and there are restrictions on what you can do and where - but it may provide a little flexability if you were wanting to "do your own thing"
dbxsoul
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Nov 14, 2007
I have gone through all these things personally, and I will provide you a authenticated overview of all the pertaining laws and issues. Here you go,
1) If you are employed in Dubai, or in any Emirate, you need to get an NOC from your previous employer - no matter if your new job is in the Free zone or in any Emirate. No employer can process your visa (accept some government institutions) without the NOC - so better get the NOC
2) Now if the new company cannot process your visa, then you may think about cancelling your visa - if you do that an automatic ban will be put on you by Ministry of labor, there is no way to avoid it
3) If you are currently employed in Free zone, and you want to switch your job to anyother company in UAE, you may do so by jusy cancelling your visa from the previous company, dont tell them that you are switching job, tell them that you are going home country or whatever - anyways once you get your visa cancelled, no ban is there, and you can take up any job anywhere literally. Pls note that there is no transfer possible from free zones to any Emirate as free zones have no linkup with relavent labor minitries, the only way os to cancel the visa which is safe and which is what you want

The bottom line is , if you want to switch
you can cancel or
transfe your visa

for cancellation, you can only takeup another job if you are currently working in a Free zone

For transfer, you have to have NOC

I dont agree with the notion that visa ban is a money scheme, ask the people who are suffering because of this, my advice, try your best to avert circumstances that may lead to a ban
salman79
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Nov 14, 2007
I agree with the above.

My understanding in the relavent FreeZone Authority is actually your labour sponsor, not the company that you are working for in the FZ.

This means that if you change positions with in companies operating in the same FZ, you are essentially remaining with the same labour sponsor and are not affected by the ban.

But as you point out, transfering between different FZ's or to a company operating outside of the FZ (which ever emirate it may be in), will be the same as changing sponsors, so the current NOC rule would apply.
dbxsoul
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