# Help pls - residency visa!



## lucybill (Jan 25, 2014)

Can anyone help please? I have been in the UAE for 6 months and still have not got Residency Visa. THe job has not worked out at many levels - what would be the difference between leaving now without having a Residency visa and waiting until I have a residency visa? Am I breaking contract if I don't have a visa? Help much appreciated! THx


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## busybee2 (Aug 8, 2013)

at once you would have to pay back the costs involved in the processing of the visa etc, it really depends on your wording in the contract, but once stamped in your passport you would then need to pay to cancel it etc.


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## lucybill (Jan 25, 2014)

Thx Busybee!! If I leave the country though, what are the implications of breaking the contract? Is it as simple as you'll never work for this company again. Or is it more serious? Is it possible to work in the UAE again? If I have no Residency visa or anything in my passport - have I not been a tourist for the last 6 months???? 

Thanks for your reply much appreciated!


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## mgb (Sep 6, 2008)

lucybill said:


> Thx Busybee!! If I leave the country though, what are the implications of breaking the contract? Is it as simple as you'll never work for this company again. Or is it more serious? Is it possible to work in the UAE again? If I have no Residency visa or anything in my passport - have I not been a tourist for the last 6 months????
> 
> Thanks for your reply much appreciated!


If you haven't got your residency visa through your employer then yes you have been a tourist for the past 6 months.

If you haven't done a visa run every 30 days, I reckon you will have overstay fines of around 15,000aed to pay (5 months *30 days*100aed per day). You cannot leave the country - or do a border run now - without paying them.

If you don't have a residency visa then you won't have a contract registered with the Ministry of Labour so you can walk away from your "employer" without any repercussions. 

Effectively you are working illegally - where are you staying (and how did you manage to get a rent contract without a visa), how are your company paying you?


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## lucybill (Jan 25, 2014)

Thx MGB
I have been doing a visa run every month - so all good there! I don't know how they have managed to get accommodation sorted except there are about 15 of us in the accom so maybe they have done a deal with the owners! Im getting paid in cash!! 

Typically, I have heard today that my employment visa is through but nothing is in my passport yet. So if I get the residency visa in my passport - what happens then? If i leave I assume that Im breaking my contract? What happens then? How big a deal is it? 

Thanks for your answers very much appreciated!!!

Lucy


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## saraswat (Apr 28, 2012)

lucybill said:


> Thx MGB
> I have been doing a visa run every month - so all good there! I don't know how they have managed to get accommodation sorted except there are about 15 of us in the accom so maybe they have done a deal with the owners! Im getting paid in cash!!
> 
> Typically, I have heard today that my employment visa is through but nothing is in my passport yet. So if I get the residency visa in my passport - what happens then? If i leave I assume that Im breaking my contract? What happens then? How big a deal is it?
> ...


So if you are not happy with the job/position/environment and are contemplating leaving, then I would suggest you do it a.s.a.p ! Before the employment visa has in-fact been processed and stamped in your passport. 

The reason I say this is because, as long as your visa has not been processed and stamped etc, you are technically not anyone's employee and hence are not liable to any legal repurcussions upon just leaving your employment (the reason they are paying you in cash is because they can't pay you any other way until the visa is processed). 

So the above is your easiest option. In case your visa has been processed, or the application has gotten to a far enough point to where you are legally their employee, then you would need to give the employer notice of your resignation and serve the required notice period. You might also be liable towards paying back visa expenses incurred, but that depends on what has been agreed to between you and your employee, on your employment contract and offer letter.


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## BedouGirl (Sep 15, 2011)

EagleEye said:


> Hi. Need some help from you guys coz I am already very confused. I have the same problem. I have arrived in the UAE on an entry permit/employment visa as a physiotherapist last November 2013. I have signed my labor contract, done and cleared my medical exam at SEHA and applied also for the emirates ID. Unfortunately, the company had financial problems with salary of all staff unpaid since December 2013 up to the present. The company also did not apply for my residence visa and my emirates ID application was denied. But I do have a labor card copy only which I got from online service. Last February 2014, we (all employees) filed a complaint in the MOL and after a month's arbitration was eventually sent to Labor court because the company did not settle. The court has made a decision already but we are still waiting for the 30-day clearing period if ever the employer files an appeal. I have stopped working just last April 1, 2014. I tried applying to a government hospital was lucky to be given an offer letter. As part of the requirement i was asked by the government hospital to submit a police clearance. When I went to the police station, I was asked of my emirates ID and residence visa. I could not present any. Questions: 1. Does anybody know how can I go around this and be able to secure a police clearance? 2. Will I be the one to shoulder the penalty for my overstaying here in the UAE because I was not issued a residence visa? Is there a way to lessen the penalty, let's say a court referral? Because this is not entirely my fault, I came here with legal papers. 3. Does anybody know if i still need to "cancel" my entry permit visa, since I don't have a residence visa? Please help. I am very much confused on what to do. Thank you very much.


This is now the third time you have posted. I understand you are concerned but it's not necessary. I've replied to you on your first post. Are you based in Dubai or AuH?


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## EagleEye (May 6, 2014)

Im sorry. I don't know where to post my case I am just new to the forum. I am based in Al Ain, AUH.


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## BedouGirl (Sep 15, 2011)

EagleEye said:


> Im sorry. I don't know where to post my case I am just new to the forum. I am based in Al Ain, AUH.


No worries. You're on the right forum at least. We have quite a few experienced members who live in AUH. Hopefully, they will have some suggestions for you too. Try to stick with one thread, it makes it easier for you and also for others who may find the responses useful.


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## busybee2 (Aug 8, 2013)

lucybill said:


> Thx MGB
> I have been doing a visa run every month - so all good there! I don't know how they have managed to get accommodation sorted except there are about 15 of us in the accom so maybe they have done a deal with the owners! Im getting paid in cash!!
> 
> Typically, I have heard today that my employment visa is through but nothing is in my passport yet. So if I get the residency visa in my passport - what happens then? If i leave I assume that Im breaking my contract? What happens then? How big a deal is it?
> ...


yes once its gotten to the passport stamping stage even if its not physically in then you could be in trouble as you would be breaking the contract etc they have applied for your visa nd its costs so they will want you to pay them back etc. you dont want them to put a ban on you. try to sort it out with them.


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