With an employer delaying visa cancellation, both you as well as your employer can have various complications. This is because it is mandatory that after the completion of a contract the employer cancels the work permit and visa. Furthermore, since it is not a difficult process, there is no justification for the company to do it in the required time.
In this article, we will explain what the labor law says about this situation and what you should do in this case. In the same way, you will know the process to be able to cancel the visa and how to check the status of the visa. Let us see:
1. What is a UAE work visa?
2. How can you get a work visa?
3. Why is the work permit cancellation UAE important?
4. What can you do when is the employer not cancelling visa UAE?
5. Requirements for the cancellation of the delayed visa
6. How to Check UAE Visa Cancellation Status Online
7. If the employer delaying visa cancellation, can you leave the UAE?
8. We can help you with the UAE labour law visa cancellation
1. What is a UAE work visa?
For a foreigner to work in the UAE, his sponsor needs to provide him with a work permit or visa. In this way, you can legally work in any of the Emirates until your contract ends. In addition, when the latter happens, your employer must take care of canceling the work permit or visa within the established time.
Therefore, when is the employer delaying visa cancellation there will be legal consequences. For example, the worker will not be able to work within another company in the UAE or his departure from the country may be complicated. In addition, the employer will have to face penalties and other consequences for failing to abide by the law and established regulations.
On the other hand, you should be aware of the UAE visa cancellation status, as it is an element to take into consideration. In this case, once you have canceled the visa, you will be able to apply for a new work permit.
2. How can you get a work visa?
In the United Arab Emirates, there are two government entities in charge of processing and issuing a work visa. The first of these is the Ministry of Human Resources and Emiratization (MOHRE) and the second is the General Directorate of Residence and Foreign Relations (GDRFA). Therefore, to obtain your visa or work permit, you need to go to one of these authorities.
However, it is the employer, who will be your sponsor, who is in charge of carrying out this process for you. The steps that the sponsoring company must follow should be guided by the following steps:
- Print the visa application at the Ministry of Labor (MOL)
- Afterward, you need to submit the required documents which include a medical examination, a passport copy, and more.
- Pay the fees.
After having carried out these steps, all that remains is to wait for the approval of the application by the authorities.
3. Why is the work permit cancellation UAE important?
As you may have noticed, the work permit depends on each sponsor, thus it is specific for the employee to work in a particular company. That is, if you have a work visa from a sponsor, you will not be able to work for another company using that same visa. Consequently, it is of the utmost importance that your employer performs the work permit cancellation UAE.
Also, if you resign after the notice period ends, your employer must cancel the permit and residence visa. This must also be done by the company on the last day of the notice permit unless otherwise agreed. Also, the UAE labor law requires that the employer must pay all debts owed to the employee after the end of the contract.
UAE labour law visa cancellation process determines that it would only take 1-2 business days. However, the notice period is for the company to start preparing all the necessary paperwork and payments.
4. What can you do when is the employer not cancelling visa UAE?
First, we have to say that there is no reason for your employer not to cancel the work visa. Hence what should you do with the employer delaying visa cancellation? In this case, the main thing is to contact the Ministry of Human Resources and Emiratization to make the corresponding request.
Also, the UAE labour law visa cancellation through this means is only done under certain circumstances. This process is determined by the UAE labor law in its federal law decree number 33 of 2021. In addition, a ministerial resolution issued on February 4, 2022, specifies the process for resolving labor disputes and grievances.
Articles 1 to 3 detail the entire procedure that must be carried out to present the respective complaint. In the case of Article 4, all checks are in place to cancel the UAE work permit. For its part, it is article 5 that establishes the conditions for the worker to request the cancellation of the permit without the need for the employer.
These cases include situations such as a company not duly registered in the MOL. Also, this occurs if this Ministry does not locate the employer within 5 days after the complaint. However, the ministry can cancel the request if it determines that the worker did not comply with his contractual obligations.
5. Requirements for the cancellation of the delayed visa
If an employer delaying visa cancellation, it must comply with all the requirements demanded by law. However, the procedure will depend on whether or not the worker has complied with the terms and conditions of employment. In addition, the employer must terminate the employment contract of the employee before the visa cancellation can be made.
Thus, the authorities require that companies comply with the following steps to cancel the permit:
- The employer must enter the MOHRE website.
- Now, they must present all the required documentation.
- MOHRE will issue the application to the GDRFA.
- This last authority makes the definitive cancellation of the visa and informs the MOHRE.
- The said ministry cancels the work permit.
- The worker must sign the letter of cancellation of the employment contract, which must contain the record of payment and agreements.
This process is not difficult to carry out and it only takes about 10 business days for the permit to be cancelled. Therefore, there is no excuse for the employer delaying visa cancellation as the process is simple. However, many times they do so because they want to fill the job position before the employee can leave the company.
However, although it may seem valid, this is illegal because they cannot retain the employee against their will.
5.1 Documents required for visa cancellation
As previously reflected, the employer must provide the documentation required for the cancellation process. Therefore, the requirements that the company must present to start the process are the following:
- Cancellation form
- The original identification of the worker
- Ministry approval
- Residence visa image
The entire process must be carried out jointly by both parties, although if the worker is absent, only the employer must do it. However, with an employer delaying visa cancellation, the worker must present the corresponding complaint.
6. How to Check UAE Visa Cancellation Status Online
The local government allows you to do the visa cancellation status check online UAE. Also, to verify the status you need to work and legally in the United Arab Emirates. This process must be carried out constantly because you must know the expiration date and some type of change in the status of your visa.
To check the status of your visa, you must perform the steps described below:
- Enter the website of the smart services in the UAE, at this point you can choose the language of your choice.
- Select the passport information tab.
- Choose the type of visa.
- Then, you must enter your passport number, expiration date, and your nationality.
- Click search.
Once all these steps are done, you will be able to see all the details of your visa including the expiration date. However, you can check the status of your visa through the web portal of the General Directorate of Residence and Foreign Relations.
6.1 Visa cancellation status UAE on GDRFA Portal
As we mentioned through such GDRFA you can also see if the employer delaying visa cancellation. For this, follow these steps:
- Enter the website of this authority.
- Click “Validity of residence”.
- Introduce the residence visa number.
- Then, enter the residence file number located on the visa page of your passport.
- Enter your details and click submit.
After this, each of the corresponding data will appear and you will be able to know if the employer not cancelling visa UAE. Also, if you have sponsored any of your relatives, you will have to cancel each of their visas yourself. This is because the employer cannot cancel these visas; he/she can only cancel yours.
6.2 Application of the GDRFA
In addition to the official page of the GDRFA, you can also check the status of your residence visa in the application of the authority. Therefore, you will be able to know if your visa has been canceled just by using the application on your smartphone. To start you must download the application from the official site of the authority and do the following:
- There will be the application and select “Services”.
- Then click on “entry permit/residence status”
- Select “Residence Information”.
- Enter your details, including the visa code.
- Select “Information”
If the data you have entered is correct, you will be able to see each of your visa data, including whether it has been cancelled. To carry out this process you do not need to register or enter your credentials. This process is also valid if you wish to check the validity of another type of visa, such as a visit visa.
7. If the employer delaying visa cancellation, can you leave the UAE?
A foreign employee can lose his residence visa if he remains outside the country for more than 6 months. Therefore, you should not stay outside the United Arab Emirates for longer than the permitted period. However, you can return to the country but you will have to go through the process again to obtain an entry permit.
However, receiving this permit can be more complicated than normal if you left the country without notifying your employer. If this is the case, the company can declare a breach on your part of the terms and conditions of your employment contract. Therefore, if you need to leave the UAE, ask your employer for permission to avoid legal problems.
8. We can help you with the UAE labour law visa cancellation
The labor law establishes the requirements and steps you must follow if the employer does not cancel the UAE visa on time. However, there are no valid reasons for a company not to carry out this process since there is a notice period. In addition, the process is simple and only requires simple documentation.
We can offer you all the information you need regarding this and other labor and immigration issues. Our services include:
- Employer of record
- PEO
- Relocation services
- Remote Employee Hiring
- Human Resources Management
- Payroll services
- Hiring of contractors
- Global Immigration
You can contact us to find out what you can do in these types of situations and those related to your work in the UAE. Thus, you can call us at +971 43 316 688 or also send us an email at contact@peomiddleast.com.
Also, if you want to get a job, you can register on thetalentpoint.com, which is a specialist in labor issues. In this case, you can choose to upload your CV on this website or send it to the email contact@thetalentpoint.com.
