Dubai Forums Dubai Expat Forums Dubai Expat Help Forum Dubai Visa

Can you confirm if a visa transfer is possible for someone with an unlimited contract working in Al Ain.

I am under probation with a company in Al Ain which has issued a work permit but im yet to undergo medical and residence visa stamping on my passport.

I was curious to know if ban lifting would be possible in this scenario.
I have worked for 2 weeks but the ultimate job id want to get involved with has turned up with an alternative employer.

Id be willing to pay ban lfiting fees if personally required, but i just need to know if a transfer is feasible under these circumstances; an answer would be appreciated.

If you're on probation, that implies you've been working less than a year for the company so you'd get a six month ban if you leave, in other words no transfer. More here ...

http://www.dubaifaqs.com/visa-ban-uae.php

I am an Engineer joined company on november 2008 and now completed 6 months. In my offer letter, they promised me family accomadation after sucessful completion of 6 months. But now they are refusing to give the family accomadation. If I resign due to this reason by giving one month notice period, what about the ban? In my contract, they have not mentioned about Family Accomadation, only in offer letter. Is it possible to leave the company without ban? Or can I take any action against the company?

If you resign then you will probably get a ban. If they haven't fulfilled the terms of the contract and are not willing to negotiate then your first step should be to call the labour department or a lawyer.

Back to top I worked for 22 months with my employer and then due to personal problem i resigned and came back. Comapny put 1 year ban on me which will b over in mid of september, now i few days back i got an offer to work with the same employer again. i accepted the offer. Its more than one month now, my ban has not been lifted up yet. I asked from my company n they told me as ban was imposed by them, and they are lifting it so it will take more than usual time. Can you please tell me how much time it will take..............are there any issues or complications in removing ban and getting visa to work for same employer again. Can same company remove ban and get employment visa for me during ban period. If yes, how much it usually takes

Hi,
I was an IT Engineer working under freezone visa from DIC. I was working under this employer for over 4 years. Then I received an offer from a Government company in Abu Dhabi. I got everything ok from my company and I was under processing the visa from the Government company. During the medical test with the government hospital they rejected my visa mentioning that I have TB. And I was deported. When I tested from my home country I don't have any TB active, but I have a history of TB about 20 years back. I have got a medical report from the local Authorities and certified by the local UAE embassy. Can I apply for the removal of life time BAN on me? If so how can I do it? Please advice.

hel i am working in dubai with engineer visa last 2 months and i have entered in to the limited contract . at this moment as my company is struggling to get the profit margin they are planning to close the division and already started terminating the people before probationry periods.
at the same time they ready to give NOC also whoever wishes.

1)will be there any chances to shift my employer with this NOC

2) IF ban is imposed can be any chances are there to lift .

hel i am working in dubai with engineer visa last 2 months and i have entered in to the limited contract

don't understand what you saying, are you still on a visit visa or have you actually signed a labour contract?

if on visit visa (still) then you are not legally employed and can move without a NOC or ban.

normally if you terminate the contract within the probation period you'll be banned - sorry

Question, a company transferred to another freezone, a new trade license was created for the new freezone area and closed the license of the previous one. What is the status of its employees as they will need their visa sponsorship transferred to that freezone too and also since the previous trade license was closed, the employees are being required to sign a new contract, new labour card, etc.

Are the employees entitled to be given their gratuities?

Will they be considered new employees hence the counting of their length of service with the company starts again at the beginning or will it just be continued as such?

What is the usual procedure for this kind of situation?

Thanks in advance for any helpful information out there.

Question, a company transferred to another freezone, a new trade license was created for the new freezone area and closed the license of the previous one. What is the status of its employees as they will need their visa sponsorship transferred to that freezone too and also since the previous trade license was closed, the employees are being required to sign a new contract, new labour card, etc.

essentialy the company has closed, and has opened as a new one, under a new license. this means all staff are required to sign new contracts and are technically new employees. as the business is in another freezone a new labour contract is required (as the labour contract is actually between you and freezone authority and not the company who employs you). if the new company was formed/ created in the same freezone then there would be no problem and no need for a new labour contract

Are the employees entitled to be given their gratuities?

this depends on the freezone regulations of the FZ in which you were employed, note they are freezones and are NOT subject to exactly the same labour laws as people working in one of the emirates - legally they are not part of the UAE or subject to federal laws. i have seen in some freezones that there is NO provision made for employee gratuities, each FZ has its own regulations.

Will they be considered new employees hence the counting of their length of service with the company starts again at the beginning or will it just be continued as such?

new employees

What is the usual procedure for this kind of situation?

there is no usual procedure for this within a FZ, if it was in any of the emirates (and not a FZ) and the company was closed and another opened with the same sponsor then you could simply transfer from one business to another without loss of benefits (if any)

Thanks in advance for any helpful information out there.

good info thanks

Hi Dbxsoul! I have been reading this thread and it sure have a lot of useful info regarding employment here in Dubai. I hope you will be able to help me answer a few questions of my own which, unfortunately, I have not encountered in the entire thread.

The scenario is like this: I sponsored my sister for a visit and after a month she got a work for a company here in Dubai. After two weeks with the company, she resigned. When her visit visa expired, she exited the country. I wanted to get her back So I went to DNRD to apply another visit visa for her. However, when they checked their system (DNRD), they said it is not possible to get a visit visa for her as there is a current online work visa application under her name. The work permit application was from the company that she resigned from a month back. DNRD informed me that I will only be able to apply for a new visa if the work permit application is cancelled or withdrawn by the company.

I contacted my sister's previous employer and after many follow-ups and calls, the company informed me that they will cancel the online visa appliaction only if I pay AED4200. Is this legal or permissible? And does a cancellation of a work permit application really cost this much? Please note that my sister has not signed any contract (English/Arabic) yet nor did she underwent medical examinations.

Giving the above scenario, will my sister still be subjected to 6 months work ban? I wanted to bring her back to UAE (on visit visa again) but I am not sure when that would be as it will depend whether she will be imposed with the 6mos ban or not.

I would really appreciate it if you will be able to shed some light on the above questions.

Thanks.

bhing82 wrote:Hi Dbxsoul! I have been reading this thread and it sure have a lot of useful info regarding employment here in Dubai. I hope you will be able to help me answer a few questions of my own which, unfortunately, I have not encountered in the entire thread.

The scenario is like this: I sponsored my sister for a visit and after a month she got a work for a company here in Dubai. After two weeks with the company, she resigned. When her visit visa expired, she exited the country. I wanted to get her back So I went to DNRD to apply another visit visa for her. However, when they checked their system (DNRD), they said it is not possible to get a visit visa for her as there is a current online work visa application under her name. The work permit application was from the company that she resigned from a month back. DNRD informed me that I will only be able to apply for a new visa if the work permit application is cancelled or withdrawn by the company.

I contacted my sister's previous employer and after many follow-ups and calls, the company informed me that they will cancel the online visa appliaction only if I pay AED4200. Is this legal or permissible? And does a cancellation of a work permit application really cost this much? Please note that my sister has not signed any contract (English/Arabic) yet nor did she underwent medical examinations.

Giving the above scenario, will my sister still be subjected to 6 months work ban? I wanted to bring her back to UAE (on visit visa again) but I am not sure when that would be as it will depend whether she will be imposed with the 6mos ban or not.

I would really appreciate it if you will be able to shed some light on the above questions.

Thanks.

It seems what has happened her is that your sister has allowed the process to start for her work/residence permit and as such the company has invested time and money in her. Please correct me if I am wrong.

There's a fee of AED 200 only to apply an employment visa and it can be canceled by the sponsor. There's no ban applicable in this case.
But if the sponsor had deposited the labor card fee once the approval has come through, the charges may vary according to the status of the sponsored company, but still ban is not applicable upon cancellation.

Hi Guys! Thanks for your insight. It is most appreciated.

Sage, Yes, we could say that the process has already started stating the fact that the application is already in place.

Janathar, what do you mean by "had deposited the labor card fee"? Does this process come before the visa application or after? Or does this process happen after you are done with the medical exams and they are processing the Visa stamp and labor card?

To expand, I have asked from one of the person there in DNRD regarding the cost of the cancellation and they informed me that it will only cost AED 260. And the company has the option to either cancel or transfer the application to another person. With this conflicting information, from DNRD and the company, I'm now more confused that is why I am asking. I was thinking that maybe the company (or in this case the manager I spoke to) is just milking me for money (trust never come easy here in Dubai!).

Do shed some light!

My wife, a NZ citizen worked in Abu Dhabi for a school in 2004. Half way through the 2 year contract, while on holiday she resigned from her job and left the country as we had decided to get married. She has changed her surname to mine.

We now want to pass through Dubai for a couple of days just after Christmas this year (2009).

Should we worry about any possible issues for her being stamped in on arrival at Dubai and getting a tourist visa on arrival, as most western nationalities are allowed to? We will be travelling with our two kids, so the last thing we want is her being deported or locked up.

I understand from your website she would have had a 6 month ban or possibly even a one year ban. But given this all occurred in 2004, should we simply avoid the UAE, or will we be OK now?

I would appreciate your thoughts on this issue.

Many thanks in advance!

Hi there !

I jus registered with this site after seeing the great replies.

Following is my query :

I used to work with a free zone company for 2 yrs, soon i got a job with another Bank with a better pay. Now i joined this bank on 1st of November 2009 and it is not a free zone visa. As per the Employment Contract or Offer Letter it says : "The employment shall be for an unlimited period."
As you can see its not even a month completed and im already regretting this decision. Due to many reasons with the management and the work im not happy with this job and have already started looking for better options. I just did my medicals last week and very soon the visa will be stamped on my passport.

What i want to kno is :

i) As per my contract, 1st six months are probationary and during this period if either party terminates the contract it will b on 1 day notice. I am planning to resign in January 2010, .i.e after 2 months of joining this company. So will i get a 6 month ban or a 1 yr ban ?

ii) If suppose in December i get a better job with another company, then how much do i need to pay to lift this ban and other than the ban upliftment fees is there anythin els that i need to pay to the Goverment or the company ? In short, what is the total cost involved to resign and join elsewhere ?

iii) If I decide to resign in January 2010 and go back to my home country for good, will i have to pay anythin ?

I am sure you might have answered similar questions many times, but right now.. im very upset and have no one to check with. Many site have given various info abt the same. So if u can help me with proper info wud b greatly appreciated...

Thanks a lot...
Upset wid New Job

Hi there!

I would like to know, my brother had finished his 3year limited contract, how come he has 8K ban which the system is showing?

Which date does the labour department consider valid for the completion of an employee`s 1 year in order to consider changing jobs with an NOC; Ive noticed 3 different dates on the following documents :

1. Appointment letter. ( issued by the company on joining date).
2. Labor card. ( issued 2 weeks after joining).
3. Residence Visa in passport. ( issued 2 weeks after joinig).
4. Official Labour contract from the ministry of labour. ( issued 1 month after joining).


Any help ??. ( Im planning to hand in a resignation letter but i simply need to be sure when the one year officially reaches maturity.

thanks for answers.

desertrekk wrote:Which date does the labour department consider valid for the completion of an employee`s 1 year in order to consider changing jobs with an NOC; Ive noticed 3 different dates on the following documents :

1. Appointment letter. ( issued by the company on joining date).
2. Labor card. ( issued 2 weeks after joining).
3. Residence Visa in passport. ( issued 2 weeks after joinig).
4. Official Labour contract from the ministry of labour. ( issued 1 month after joining).


Any help ??. ( Im planning to hand in a resignation letter but i simply need to be sure when the one year officially reaches maturity.

thanks for answers.

I think you will find it is 2/3.

I am under unlimited contract. I joined the company on 20th May, 2009, My labor contract is effective from 7th June, 2009.

1. If i give notice of one month on 21st April,2010 and last working day being 20th May, 2010, will i be considered as having completed one year and will be eligible to transfer my visa subject to getting NOC from existing employer? Or it should be one year from the date of labor contract? I have documentary proof that i had started working effective from 21st April, 2010.

2. In counting one year period, how Leave without pay are treated?

3. Once notice is served, can employer waive the notice period and instead make 21st april, 2010 as last working day and thus make me ineligible for NOC?

4. Should i transfer my sponsorship with the same job title or it can be different?

5. Inter Emirate Sponsership transfer - Is their any issue?

6. If the ban is placed by let us say Dubai Immigration and new sponsor is based in Sharjah, how ban removal will take place? Will Dubai Immigration will remove ban or Sharjah immigration?

7. Only Dubai Immigration permits ban removal subject to fees payment or it is federal policy?

Would appreciate someone responds with relevant answers.

Regards,

ahmeed80 wrote:

asha12 wrote:If i am employed in dubai and i am removed from my job by the employer within the probation period of three months(for whatever reasons) then do i need a NOC to get another job ? ..... Please advice. Thanks .. Also what are the chances of getting a job in dubai after being removed from a company during the probation period

i think NO...u will not face any ban and therefore u can switch to new job without any problem.

i was also removed in my job inder probation period for some reasons ,they told me they will put 6 months ban to me is it possible coz i want to find a new job here in dubai....

sweetche182000 wrote:

ahmeed80 wrote:

asha12 wrote:If i am employed in dubai and i am removed from my job by the employer within the probation period of three months(for whatever reasons) then do i need a NOC to get another job ? ..... Please advice. Thanks .. Also what are the chances of getting a job in dubai after being removed from a company during the probation period

i think NO...u will not face any ban and therefore u can switch to new job without any problem.

i was also removed in my job inder probation period for some reasons ,they told me they will put 6 months ban to me is it possible coz i want to find a new job here in dubai....

No, they cannot ban you. The probation period is for both sides. If either you or the employer decide to part during that time, there is no ban, but they may ask you to pay relocation, visa and recruitment fees.

Good luck!



Knight

I've been banned from entering the UAE permanently. Ban was issued by CID on suspicion of espionage.
I heard that if my employer takes responsibility of all my acitivies (as guarantor), with lawyer assistance it can be forced to take permit entering the UAE again.
Can anybody tell me what my chances are?
Thanks in advance.

well there is one situation that I've never heard about )

Frankly, if I were you I'd stay the hell away! For example, if it were to become a criminal matter (which it may if it were to have to go to court) you could in fact end up in jail.

The most obvious flaw to your thinking is that your sponsor would take responsibility for your actions - thereby implicating himself and exposing himself to criminal investigation. Not going to happen.

Hi there, I dont know if this post is till active but would really appreciate any help i could get for the situation

I joined a company here on 1st aug on a unlimited visa( contract). But i am highly dissatisfied with my job profile( which isnt what was promised) and i want to leave my job. I want my last day of work to be 31st jan 2011( 6 months exact). I want to give my 1 month notice on 31st dec 2010. i looked up( administration dept) i have 7 days of leave remaining( can i use that so that i can give my termination as 31st dec but stop work by 21st jan 2010.( remove 7 days from the 30 days termination period)

I do know i will be banned( a risk i am ready to take as i am extremely dissatisfied with my job) but ( very important)will i get the salary of the last month( from dec to jan, after giving my resignation)

what are the risks besides a ban by the company on me, i will be leaving the contry anyways so i am not bothered about the ban, i am just bothered about the last month salary, and if i can use the 7 days of leave as the last days of termination of my contract. And hopeful of getting a certificate saying i worked in the company for 6 months( NOT NOC, just a notice on a letter head he worked( maybe a bit optimistic?)

I am forced to take this step as i have acquired a masters from the US and 4 other certifications but my present job is almost a data entry job, and i am stuck and rather would leave the job then to get NEGATIVE experience on my resume

PLEASE HELP!!

Note: official probation period in my company is 6 months, though unofficial is 3.

hi there,

Your probation period would be the one that is printed on your official labour contract (the "unofficial" one would not be recognised). if it was six months you may not have to give a months’ notice - as during this period services can be terminated with 24 hours notice (by either party).

If it is 6 months you may not be entitled to any leave, or only a very small pro-rata percentage of it.
The easiest way to ensure that you receive your full dues is to not sign your labour cancellation form until you have received full payment - in fact the cancellation form states that you have received full and final settlement, so by signing it (prematurely) you may forfeit any chance you have of getting them.

I would suggest that you ask an approachable person in your HR department to try and give you a rough idea of what your final dues are supposed to be.

Don’t expect any gratuity payment, and yes you would be banned (6 months) from applying for a work permit.

Your other option may be to go to the labour department with your original “offer of employment” from the company and any other substantiating documents that you may have (such as a copy of the employment advertisement), explain to them that you were employed under false pretences and that you would like the opportunity to move sponsors without the ban, I do know of this avenue being successful in at least 2 instances

coold wrote:Hi there, I dont know if this post is till active but would really appreciate any help i could get for the situation

I joined a company here on 1st aug on a unlimited visa( contract). But i am highly dissatisfied with my job profile( which isnt what was promised) and i want to leave my job. I want my last day of work to be 31st jan 2011( 6 months exact). I want to give my 1 month notice on 31st dec 2010. i looked up( administration dept) i have 7 days of leave remaining( can i use that so that i can give my termination as 31st dec but stop work by 21st jan 2010.( remove 7 days from the 30 days termination period)

I do know i will be banned( a risk i am ready to take as i am extremely dissatisfied with my job) but ( very important)will i get the salary of the last month( from dec to jan, after giving my resignation)

what are the risks besides a ban by the company on me, i will be leaving the contry anyways so i am not bothered about the ban, i am just bothered about the last month salary, and if i can use the 7 days of leave as the last days of termination of my contract. And hopeful of getting a certificate saying i worked in the company for 6 months( NOT NOC, just a notice on a letter head he worked( maybe a bit optimistic?)

I am forced to take this step as i have acquired a masters from the US and 4 other certifications but my present job is almost a data entry job, and i am stuck and rather would leave the job then to get NEGATIVE experience on my resume

PLEASE HELP!!

Note: official probation period in my company is 6 months, though unofficial is 3.

Thanks a lot DXBSOUL. pretty usefull info on this forum

I looked up on my employee handbook, and it states that either party needs to give a period of one moth notice to leave the job. Does that apply to a job after getting the confirmation letters?( stated in the handbook, which will be givin after the 6 month probation)

I would really not want to leave a job which is giving me some income, but if the job is going to be a negative experience on my resume, i wouldnt want be stuck in it.

1) I know every company has diffrent rules of operation but will it be possible to get a letter from the company stating that i have worked for 6 months in the company?( this will help me to prove i wasnt just sitting around and have a certificate of sorts for my next employer, going back to the states)

2) In my handbook, it states taht the company gives out salaries on the last week of every month, does this rule apply to employes who are on probation period too?( if i give a short notice that i am leaving)

3) what should be the acceptable notice period on humanitarian grounds, cause after i leave the company my department does have a shortage of employees.

4) If i give my resignation, will i be forced to pay my visa/labor card charges? Can they withhold my salary if i refuse to do so? can the company force me to pay the charges( even if it is not mentioned in the handbook)

5) IF i decide to pay the charges, will i still be banned?( but i would rather be banned and not come back, cause i need the money more than the job)

Like you said, most of the questions are pretty much dependent on the individuals company, but to tell you the truth, i would rather gather as much information as i can, personally, cause if i go and ask the administration department, its turns out to be a HUUGGEEE GOSSIP point for everyone around( which i want to avoid as much as i can, this i am talking out of experience, as it was a huuuge deal that i had come from the US to be emplyed here and was a gossip point almost in all departments( and i wasnt comfortable with that)

thanks a lot in advance, you knowledge/opinion is highly appreciated by me and by a lot of people on this forum.

-- Mon Dec 13, 2010 8:50 pm --

any help here please?

To: DXBSOUL

Hi! You seemed very knowledegable on the UAE laws... I just need your advice and help regarding my issue.

I have been working for my current company for 8 months. The first three months were fine until I I figured out that I just made the biggest mistake of my life by signing a contract in this company. I have a very difficult boss to deal with, and so is his right hand person. We get scolded almost everyday without any reason, we work 10 hours a day wherein in the contract it only states 8 hours (we are not given overtime pay as per labor law), they cut our holidays for example the eid, from what I know each one is entitled to a 3-day holiday (for private offices), my boss deducts absences caused by sickness even with medical certificate, he gives no consideration at all. I have been given all the work that my colleague left when she resigned from the company but still there is no increase in the salary. What triggered my was that, I was asking permission to go to lunch but he refused to give me. Instead, I got scolded for it.

I decided to file my resignation last end of January to conform with the one month notice (for unlimited contract as per labor law). My boss said I have to pay all the visa expenses that he paid for my employment (I agrred to that just to leave this company), we have to find a replacement for me which we did just last week. The problem is, my boss sent my replacement to exit dubai and told her to wait for her visa there. Until now, they are not arranging anything for her visa and as for me, I was told by my boss that I can only leave the company once she returns from exit. He is making a lot of stories as to why he could arrange for the visa of this lady.

Can you please guide me as to what I can do now? I have found a job in the freezone area and they are waiting for me until the 2nd week of March. Iam afraid that my boss in my current company will not cancel me and then I might lose the freezone job.

What can I do about this? Thank you for taking time to read my post. I hope I can get a reply from you.

UAE EMPLOYEE

Hi there,

Difficult situation.
Basically you have done everything as required by labour law. I would suggest that you tell him that you have contacted the labour department (which you are entitled to do) and explained the situation to them; they have advised you that the your employer is to cancel your work visa immediately (as per law and the 1 month notice period) and allow you to leave.

It is not your job or responsibility to find a replacement for your position – the onus is on your employer to do this.

Obviously by doing the above you can expect to be shouted at again – there is really nothing you can do about it. Although if you are prepared for it then it does help.

If the above fails to work then your alternative is to actually go to the labour department. You will need to take a copy of your contract as well as a dated copy of the resignation letter. Type up a brief history and time-line of all the events leading up to you resigning, as they will as you for the details. What will probably happen then is they will issue you with a notice for your employer to comply with a Federal Notice within a given time, they may even phone him – which normally helps.

Make sure you keep your passport with you as well – until it is required for the cancellation. If he is with holding it, then it is even more in your favour as this is illegal.

You may find that he is unable to provide the new person with a visa at present as the company registration may have lapsed, or that the company Labour Employment status has lapsed, or that the company is blacklisted with the Department of Labour.