# Staying in Dubai after visa cancellation



## chestnut (Apr 1, 2013)

Hi,
My current role has been made redundant with a last working day of Feb 3rd. I have been offered a role with a company that is just coming into region - they expect their UAE legal entity to be created by March 1st. The new employer is inviting me to take part in their sales kick-off meeting in the USA in the middle of February.

The current employer have stated that won't pay my final salary/expenses/EOS/holidays/etc. until my visa is cancelled or transferred. It is very likely that I won;t be able to wait until my visa is transferred

If I agree to cancel my visa (and my wife's who is a dependent on my visa, if that's the right way of wording that) on the 3rd, and leave the country to travel to the USA, returning on a visit visa (I have a UK passport), will I have any issues with hanging on to my flat and the various utilities (DEWA, phones, broadband, etc.) or my bank (who will not be told that the final payment was a final payment)?

Many thanks in advance for your kind help/advice.

Best regards,

Chestnut


----------



## Stevesolar (Dec 21, 2012)

chestnut said:


> Hi,
> My current role has been made redundant with a last working day of Feb 3rd. I have been offered a role with a company that is just coming into region - they expect their UAE legal entity to be created by March 1st. The new employer is inviting me to take part in their sales kick-off meeting in the USA in the middle of February.
> 
> The current employer have stated that won't pay my final salary/expenses/EOS/holidays/etc. until my visa is cancelled or transferred. It is very likely that I won;t be able to wait until my visa is transferred
> ...


Hi,
No you should not have any problems - unless your current employer either tells bank that they have paid your final salary or your salary is much bigger than usual (and bank makes the assumption that this is a final salary payment and then freezes your account until you prove otherwise).
The bank is your biggest potential problem - the rest will be fine.
You need to therefore ensure you have enough accessible money - in case bank does the freeze (they did this to us in 2014)
Cheers
Steve


----------



## GloballyRelaxed (Nov 5, 2014)

As an idea, if you are on good terms with your present employer could you ask for part salary transfer and part 'cash check' payable to you?

This way you could cash the check and if the worse happens (bank freeze) you are not high and dry for a bit.


----------



## roxanwright (Apr 26, 2014)

Once the residence VISA and work permit is cancelled, you still have 30 days to exit from Dubai. Keeping good terms with employer is best option.


----------



## asharma0001 (Mar 21, 2014)

roxanwright said:


> Once the residence VISA and work permit is cancelled, you still have 30 days to exit from Dubai. Keeping good terms with employer is best option.


Does the first time you exit count as the formal end or can you make multiple trips within the 30-day period? I'm guessing it's the former i.e. the first exit is the trigger, so you'd come in on tourist visa during subsequent visits during the 30 days.


----------



## chestnut (Apr 1, 2013)

roxanwright said:


> Once the residence VISA and work permit is cancelled, you still have 30 days to exit from Dubai. Keeping good terms with employer is best option.


Thanks, folks, for your responses.

My understanding is that my trip to the USA in mid-Feb would be the end of the grace period as I would then have left the country, thus bringing an end to the 30-days. I can re-enter on a visit visa on arrival and be good to be in the UAE for another 30 days.

The question is fundamentally about keeping DEWA, driving license, du, etc. going while I'm on a visit visa until the new company gets created on or about March 1st. Thanks Steve for your help on this.

I am currently negotiating with my current employed to keep the visa active. The MD has agreed to that in principle, but Finance are saying that they will only pay the final payment (and January salary) when the visa gets transferred. I'm negotiating on that point too as if they pay me my salary, they will still be holding on to 50-60K of money which would be owed to me for EOS, vacation days, commissions, etc.


----------



## mariot (Nov 4, 2013)

asharma0001 said:


> Does the first time you exit count as the formal end or can you make multiple trips within the 30-day period? I'm guessing it's the former i.e. the first exit is the trigger, so you'd come in on tourist visa during subsequent visits during the 30
> 
> Your dewa etc will carry on as per usual.
> Pray the new company pro is on the ball I ended up with a 5 month overstay with a 10day process


----------



## chestnut (Apr 1, 2013)

mariot said:


> Best contact DRD for clarity as to whether you'll still qualify for visa on arrival after your cancellation.


That's a good point and suggestion - Thanks.

I don't believe that there would be any sort of ban and my current employer has confirmed that they will produce an NOC for TECOM if that is needed. (I did make sure I had no non-competitive clause in my contract.)


----------



## Stevesolar (Dec 21, 2012)

chestnut said:


> Thanks, folks, for your responses.
> 
> My understanding is that my trip to the USA in mid-Feb would be the end of the grace period as I would then have left the country, thus bringing an end to the 30-days. I can re-enter on a visit visa on arrival and be good to be in the UAE for another 30 days.
> 
> ...


Hi,
A few important points:-
Firstly - let your existing company pay you all outstanding amounts, then allow them to cancel your current visa. It is better to do this than mess around hanging on to visa until you start with new company - as it might be difficult to get outstanding dues from existing company. Don't sign any cancellation papers until you have received outstanding monies.
Don't leave the country unless you have been paid all they owe you.
Secondly - other than potential problems with bank that were already mentioned, your existing DEWA, Du and driving license won't be affected by your visa change (unless you stop paying!)
Get paid, cancel existing visa, go on holiday and then return on a fresh visa on arrival.
You can then sort out new visa at your leisure - even if not done in first few weeks, you can still do a visa run.
Cheers
Steve


----------



## chestnut (Apr 1, 2013)

Thanks, Steve.

The TECOM cancellation process requires, it seems, a settlement to be mutually agreed before the cancellation can start... From the TECOM web-site: 
End of Service benefits must be settled in compliance with UAE's Labour Laws, and settlement must be signed by the employee and the employer. End of Service benefits and Residence Permit Cancellation requests are reviewed and verified by GSO.​
I am certainly not inclined to sign anything until such time as I am happy with it and the payment has been received in my account or that I have been handed a cheque.

The USA trip is not (sadly) a holiday as such - the new employer wants to invite me to meet people at their HQ in San Francisco and to take part in their sales kick-off event. While this is unusual, the inside information I have on the company as well as their reputation as an employer means I am happy to do this.

If my current employer continue to be challenging around the subject of cancellation and EOSB, I will probably simply follow your advice, agree to go ahead with the cancellation on my return from the USA, if the final settlement has been agreed. If they are really pig-headed about it I'll go ahead straight away and then make them pay for my flight to the UK. (Notice that there's not an ounce of rancour or vindictiveness in me  )


----------



## Stevesolar (Dec 21, 2012)

chestnut said:


> Thanks, Steve.
> 
> The TECOM cancellation process requires, it seems, a settlement to be mutually agreed before the cancellation can start... From the TECOM web-site:
> End of Service benefits must be settled in compliance with UAE's Labour Laws, and settlement must be signed by the employee and the employer. End of Service benefits and Residence Permit Cancellation requests are reviewed and verified by GSO.​
> ...


Hi,
My advice is to cancel existing visa and get paid before you leave the country.
The reason for this - your existing employer could always file an absconding case if you leave the country whilst still on their visa. This would cause you problems with re-entry to the UAE on your return from the USA and of course they would the not be paying you the outstanding monies and EOSB.
This is why I already suggested the clean break - it stops them from messing you about in a way you might not have thought about!!
Cheers
Steve


----------



## chestnut (Apr 1, 2013)

Steve, you have a devious mind - I like that!


----------



## manaj (Jun 7, 2009)

Stevesolar said:


> Hi,
> My advice is to cancel existing visa and get paid before you leave the country.
> The reason for this - your existing employer could always file an absconding case if you leave the country whilst still on their visa. This would cause you problems with re-entry to the UAE on your return from the USA and of course they would the not be paying you the outstanding monies and EOSB.
> This is why I already suggested the clean break - it stops them from messing you about in a way you might not have thought about!!
> ...


Hi Steve, Chestnut,
Just came across your thread with keen interest as I'm somewhat in a similar situation, though not quite fortunate to have a firm offer in hand. 

Please share how your situation was concluded, especially regarding payment of final settlement - did the employer pay up amicably BEFORE you signed the statement or did you did you have to resort to filing a case at the MOL? If so what and how long was the procedure?

Thanks


----------

