What is Visa Cancellation and Final Settlement
If you are terminating a contract or if an employee wishes to leave the UAE, visa cancellation and final settlement are essential. As well, the process is simple, you only need to meet the legal requirements. Besides avoiding deportation, you would also avoid legal sanctions.
In this article, you will learn the process that companies must follow for visa cancellation and final settlement.
- How can an employer cancel a UAE visa for their employees?
- Employee Visa Cancellation Process.
- Necessary documents for the visa cancellation and final settlement.
- Can my employer cancel my visa without notice?
- Cancellation of the UAE visa to a person outside the country.
- UAE visa cancellation and final settlement for companies that do not have the employee’s passport.
- What should an employee whose visa has been canceled do?
- Sanctions for exceeding the time of stay after the visa cancellation and final settlement.
- How can we help you manage the visa cancellation and final settlement process?
1. How can an employer cancel a UAE visa for their employees?
First, only companies and sponsors can apply for visa cancellation and final settlement for their employees. For example, if an employee wants to leave the UAE permanently, they must make the respective request for visa cancellation and final settlement to their company or sponsor. Therefore, as the companies and sponsors are responsible for carrying out this procedure, they must know that they have to follow these steps to do so:
The first thing is that the companies make work permit cancellations that can be an electronic work permit cancellation of the employee who requests the visa cancellation and final settlement. On the other hand, if an employee wishes to change companies, it is not necessary for his employer to carry out the cancellation of his visa.
The competent body to request the cancellation of the UAE visa is the General Directorate of Residence and Foreign Affairs. Likewise, companies must start this process in the same office where the employee originally applied for their UAE visa. This is without taking into account the free zone visa cancellation rules.
On the other hand, when the dependent visa cancellation in Abu Dhabi or another emirate is achieved, its holders have 30 days to leave the UAE. But in this situation, the following question arises: Can my employer cancel my visa without my signature?
2. Employee Visa Cancellation Process
A very important reason for companies to carry out this process is the fulfillment or not of the functions of the employee specified in the employment contract. In the event that the employees do not voluntarily leave the country, the companies must cancel their respective employment contracts before continuing with the employment visa cancellation in UAE.
In this sense, in order to start the visa cancellation in Abu Dhabi and the final settlement process, the UAE authorities must follow these steps:
- Companies must enter the website of the Ministry of Human Resources and Emiratization (MoHRE).
- Subsequently, the employer must submit some requested documents electronically to the Ministry of Human Resources and Emiratization (MoHRE) website.
- MoHRE certifies this request and sends the information to the General Directorate of Residence and Immigration (GDRFA).
- Finally, the GDRFA will officially cancel the foreign employee visa.
For its part, the employer requires that its employee signs an employee visa cancellation letter where both parties agree to the terms of the cancellation of the respective employment contract. But the employee should sign visa cancellation paper only after receiving dues.
It is important that this visa cancellation letter sample UAE demonstrates the payment of salary and settlements to the employee after the employment contract.
3. Necessary documents for the visa cancellation and Final Settlement.
At the request of the UAE government, companies and sponsors must present in order to start the corresponding process.
Therefore, these are the main documents required by the UAE authorities to proceed with the residence visa cancellation:
- Fill out the visa cancellation form.
- Identification document in original of the employee.
- Application approval certificate from the MoHRE.
- If the company cannot present an electronic image of the employee’s passport, they can present his residence visa. So you can apply for the UAE visa cancellation without a passport.
- Companies must carry out the process of canceling the employment contract. Both the employer and the employee must go through this process together unless the employee has absconded. Therefore, companies can initiate this process of visa cancellation without employee under the reason of their employee absconding.
4. Can my employer cancel my visa without notice?
Initially, the employer must inform you through the Labour cancellation paper. Foreign employees must know that there is a procedure for canceling their visa with a residence UAE visa cancellation paper. For its part, to continue with the process, the authorities need the employees to sign a document that confirms that they have received their settlement labor benefits.
Therefore, the presentation of a visa cancellation request letter to company is mandatory to continue the process. Without this, the companies are able to force the employee to sign the document if they have not actually received the payment of these labor benefits.
For its part, this process will be different if the employee has left the country for more than six months. In this case, it is not necessary to notify the employee of this process against him.
Likewise, the Labour card canceled visa not canceled. If a worker finishes his employment contract with a company, he can look for a job in another organization.
5. Cancellation of the UAE visa to a person outside the country
How can I know the status of my visa cancellation in the United Arab Emirates? If an employee spends more than six months outside the country, he will have a canceled visa in UAE. Therefore, if an employee wants to return to the UAE, they must start the visa application procedure again.
Although if the employee did not notify the employer about this departure from the country, it will be more complicated for him to obtain a visa again. Companies can report employees and these will be considered as absconding if they do not comply with their employment contract.
Likewise, if a company initiates an employee escape procedure, it can request the return of the employment deposit. Likewise, the UAE employer visa cancellation establishes that employees must indemnify their employers in the event of absconding unless both parties have agreed on something different in the employment contract.
For its part, depending on the seriousness of the case, if an employee absconds, they can be sanctioned with a one-year or permanent ban from entering the country.
6. UAE visa cancellation and final settlement for companies that do not have the employee’s passport
As the presence of the employee is not necessary, the presentation of physical documents, including the passport, is not necessary. The UAE government is tending to simplify administrative procedures. Therefore, in processes such as the cancellation of an employee’s visa, it is enough to present documents digitally.
However, in case the employee is in the UAE, he must sign the termination of the employment contract. For this, the employee will be notified of the cancellation of his visa and final settlement.
However, if a company wants to amicably terminate an employee’s employment contract; it can reach an agreement with the employee. Now, if the employee wants to stay in the UAE, he can obtain a work permit with another company.
7. What should an employee whose visa has been canceled do?
As we have already said, workers have the right to know when a visa cancellation in Dubai or in any other emirate process is being initiated against them. Having the Dubai visa cancellation status, they can reach an agreement to obtain the payment of their labor benefits.
In this sense, the employee must carry out certain procedures of a personal nature before leaving the country:
- Employees must close their respective bank accounts and withdraw their money.
- Cancel your lease if applicable.
- Likewise, the employee must settle the pending accounts with the public services.
- And of course, they must receive their salary and other employment benefits for the cancellation of their employment contract.
For both parties, it is better to end the employment relationship on cordial terms. In other words, it is better and much less expensive for a company to terminate the employment contract by agreement between the parties than to request the cancellation of visa in Dubai and final settlement for example.
This allows employers to help their former employees find job opportunities with other companies should they wish to continue living in the UAE and also serves to avoid family visa cancellation in Dubai.
8. Sanctions for exceeding the time of stay after the visa cancellation and final settlement.
Once the question is answered: “how to check if a visa is canceled in UAE?” Now: “How many days for visa cancellation in UAE?” In the event that the employee whose visa has been canceled is in the country for more than these 30 days, he will be sanctioned as follows:
- One day: AED125 and AED 25 for each day elapsed.
- After 6 months of stay, there will be a 50 AED fine.
- After 1 year of stay, there will be a 100 AED fine.
Therefore, it is advisable in the first place to avoid reaching the situation of the residence cancellation for an employee, being able to terminate the employment relationship on good terms, since this will leave the doors open to the employee for future job opportunities.
The fact of leaving a company on good terms will even leave the doors open in case this employee wants to return to the organization in the future or if he wants to return to the United Arab Emirates for any other reason.
But if this is impossible and the worker has had UAE canceled visa, he must voluntarily leave the country as soon as possible before the lapse of 30 days to avoid having to pay these fines, which increase as the days go by a stay in the country.
9. How can we help you manage the visa cancellation and final settlement process?
It may happen that one of your foreign employees does not fulfill the functions for which he was hired. Therefore, in the event that the employee does not want to voluntarily renounce their employment contract, it is necessary to manage the visa cancellation and final settlement procedure.
On the other hand, if your business is in Dubai, you might be wondering: “how to a revoke work visa in Dubai?”, “how to know the status of a visa cancellation in Dubai?”, or if you have a company in the capital Abu Dhabi, surely you need to know about Abu Dhabi visa cancellation.
For cases like these, it is important to have a trusted partner available when you need it as a PEO Middle East since we have the experience and quality necessary to be the most solid comprehensive business solutions company in the market. Hire our services to expand to these regions:
If you feel that your company needs an ally like PEO Middle East to be able to evolve in such a demanding market, contact us by email at: [email protected]. For its part, in case you want to hire our services or have any questions about it, we have the necessary staff to meet your requirements in a brief and effective way to make this process something calm for you.
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