# Penalty for Leaving without Properly Canceling a Visa



## cairogal

What happens when someone leaves a contract, but doesn't properly cancel a work visa? Is it a financial penalty? A ban of a specified time period from work in the UAE? Thanks!


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## qwert97

cairogal said:


> What happens when someone leaves a contract, but doesn't properly cancel a work visa? Is it a financial penalty? A ban of a specified time period from work in the UAE? Thanks!


I can tell you from my experience in Kuwait and I am pretty sure similar rules may apply in UAE. Most companies have an entitlement of 'x' amount of employment visas. So if visa is not canceled they cannot apply for an employment visa for another employee since that spot is taken. Hence some companies declare the person as a absconder and that means that unless the visa is canceled the employee cannot enter the country.


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## cairogal

qwert97 said:


> I can tell you from my experience in Kuwait and I am pretty sure similar rules may apply in UAE. Most companies have an entitlement of 'x' amount of employment visas. So if visa is not canceled they cannot apply for an employment visa for another employee since that spot is taken. Hence some companies declare the person as a absconder and that means that unless the visa is canceled the employee cannot enter the country.


I had heard that absconders had a one year ban, but I've never heard of indefinite bans for such an offence. I do know that you're right about the non-canceled visa preventing the employer from getting that spot replaced. I'm just wondering if there is a monetary penalty and/or specifics about that ban.


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## Pasanada

qwert97 said:


> I can tell you from my experience in Kuwait and I am pretty sure similar rules may apply in UAE. Most companies have an entitlement of 'x' amount of employment visas. So if visa is not canceled they cannot apply for an employment visa for another employee since that spot is taken. Hence some companies declare the person as a absconder and that means that unless the visa is canceled *the employee cannot enter the country.*


I was recently led to believe that it's an employment and not immigration ban that is placed on absconder's. 

With the speed that the UAE changes it's rules, neither one of us could be right or wrong in this case!! LOL


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## Maz25

Pasanada said:


> I was recently led to believe that it's an employment and not immigration ban that is placed on absconder's.
> 
> With the speed that the UAE changes it's rules, neither one of us could be right or wrong in this case!! LOL


I believe that it is an unemployment ban that you receive. You can still visit the UAE on a visit visa. However, the last time that I was researcing the subject, it appeared that the ban starts from the day your visa is actually cancelled. Hence, if your employer fails to inform the immigration service that you have left, you might get a nasty shock a year later when another employer tries to get you a visa and it's discovered that your previous visa was never cancelled. Things might have changed (more likely than not) since I last read that article and it would be better to make enquiries and get the facts rather than leave it to chance.


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## acassim

I left at the end of 2006 without the "exit stamp" to show that I left the country although my visa was already cancelled. I know that the HR lady went crazy and started calling me while we were preparing for take off and insisting that I come out immediately to get the paper stamped. Needless to say, it was a bit late for that. 

I came back into the country in Jan 08 and found a job by April. There were no issues. If the company has the energy and resource, I would presume that they ban you. I guess it would have shown on the system if there was some sort of ban on me.


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## jenniferjames

Hello,

If you have a visa with an employer which I understand costs them around £1000 and I am required to pay back over a period of time, and decide to leave early would I have to pay the company the full amount before I leave? I will ask but just wondering if any companies do this?


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## Maz25

jenniferjames said:


> Hello,
> 
> If you have a visa with an employer which I understand costs them around £1000 and I am required to pay back over a period of time, and decide to leave early would I have to pay the company the full amount before I leave? I will ask but just wondering if any companies do this?


Is there any reason why your employer wants you to pay back the visa cost in the first instance??? The visa cost is normally borne by the employer NOT the employee. They are responsible for submitting the application and paying for the employment visa, medical test and residence permit. I have yet to hear differently. Certainly, as long as you are still working for a company, the cost associated with obtaining your visa is their responsibility NOT yours!

However, if you are given a one-off relocation payment, there might be a clause in your contract that stipulates that you need to pay this back, on a pro-rata basis, in the event that you leave the company before completing a certain length of service. The length of service varies. I had 2 job offers and the minimum length of service varied from 1 to 2 years. Under the circumstances, the company might decide to also reclaim your visa cost from your final salary!


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## jenniferjames

well the job is commission based which I know is risky but I am on a commission based role here in the U.K. and I think I have the determination to do it. However, there may be opportunities that I would rather take whilst out in Dubai. I work for a company here which also has an office in Dubai so that could be a possibility if the job I go for doesn't work out.
Also is the medical test done in Duabi or by your doctors before you leave?


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## Maz25

jenniferjames said:


> well the job is commission based which I know is risky but I am on a commission based role here in the U.K. and I think I have the determination to do it. However, there may be opportunities that I would rather take whilst out in Dubai. I work for a company here which also has an office in Dubai so that could be a possibility if the job I go for doesn't work out.
> Also is the medical test done in Duabi or by your doctors before you leave?


All medical tests are done in the UAE. Your employer will book it for you and advise you where to go to get it all done.

In regards to your move, I think that you have a serious decision to make. Either you move to Dubai with your current employer or with your new employer. Changing jobs in the UAE is quite tricky. In all likelihood, you will be hit by a labour ban. If you have completed less than one year's service with your current employer, a 6-12 month labour ban is a certainty! If you wish to seek employment elsewhere, you will need an NOC from your current employer, before you will be able to take up another job. If he refuses to hand it over, you will get a labour ban again. Even when your current employer decides to be amicable about your departure, you can still get a ban and the process for getting it lifted is complicated.

I would advise you take a look at this article Gulfnews: A few things to note before changing jobs

There are plenty of articles on Gulf News that deal specifically with changing employment and visa issues. Please read then before making a decision. I appreciate that in the UK, we can change jobs as often as we like and if things do not work out, you simply find a new job. In Dubai, this is easier said than done and I think that it is imperative that you familiarise yourself with the law in the UAE before you move to Dubai, just so that you are aware of what can and cannot be done and the rights afforded by the law to both you and your employer. The law is more often than not in the employer's favour and if he wants to ruin your career in Dubai, then he can do so! Sure, you can come back after the ban is lifted if you are unlucky enough to get one but the fact of the matter is that we all come to Dubai for a better life and increased career prospects and none of us would want to find ourselves forced out of the country simply because we did not understand how things really work in Dubai. Sorry if I sound harsh but it is better to know now than to find out later! I very nearly fell in that trap myself!

Best of luck with your decision and your move to Dubai.


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## hari

Hai,
If you leave UAE without cancelling the Visa, it will get cancelled after 6 months( automatically). But one of my friend was not able to get a Visit Visa as the computer was showing a visa against his name even after a year he left UAE. If you resign properly before the contract period, employer may recover 45 days basic salary depending on the contract terms. Your sponsor have to pay your visa fees in any case.


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## acassim

Note that bans are not applicable in all parts of Dubai. Your employer cannot ban you if you are based in a free zone.


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## cairogal

> But one of my friend was not able to get a Visit Visa as the computer was showing a visa against his name even after a year he left UAE.


Why wasn't he granted the visit visa? Did he owe some $$ in immigration penalties?


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## hari

Dont know...they said visa is not cancelled..


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## Maz25

hari said:


> Dont know...they said visa is not cancelled..


That's quite strange as if his visa wasn't cancelled, he should have been slapped with a labour ban. It would have stopped him from obtaining another employment visa. However, even if you have a labour ban, you should still be able to enter the UAE on a visit visa. If I were your friend, I would enquire more about this as it doesn't really make sense! He didn't tell them that he was coming to the UAE to work or look for employment by any chance?


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## cairogal

So what happens if you don't cancel the visa properly, but left on good terms w/ your boss? My spouse had to leave the country for what was meant to be a short visit home. He later called and explained that a family emergency prevented him from returning. What sort of automatic ban does one face, and how long does it last?


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## Maz25

cairogal said:


> So what happens if you don't cancel the visa properly, but left on good terms w/ your boss? My spouse had to leave the country for what was meant to be a short visa home. He later called and explained that a family emergency prevented him from returning. What sort of automatic ban does one face, and how long does it last?


A labour ban will be imposed on the day that the visa is actually cancelled, hence the reason why it is so important to make sure that your visa is properly cancelled before leaving the UAE. I believe that your employer needs to have your passport for them to be able to do this. 

In his case, if the visa was not cancelled, then a year after his departure, this will be automatically done and from that day, a one-year labour ban will start preventing him from taking up employment. He can still enter the UAE on a visit visa though.


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## cairogal

I suspect he's in the clear, then. He left towards the end of 2005.


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## meskallail

*could this be a solution for visa canclation?!*

hello,

i worked in UAE for 6 months and there was a term in contract that before 6 months any part can cancel the contract without short notice ... i had to go back to my country 15 days before i complete the 6 months and i send a resignation by e-mail to the manager as i couldn't return back ...

this was in 2005 ... i found now that i'm absconder and i'm marked and some friend told me that i've to pay 5000 dirhams to unmark me ....!!!!

i want to know is that true especially i 've a good job offer in uae ...

also i can issue another passport in my country which take a new number so can this do the trick as sometimes people have similier names !!!!!


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## peterifranco

hi Guys, 

i need some help,

i joind a company back in 2004 and then 4 months later i left, and due to some family problems, i told my employer i could not come. He then told me if i were to leave i would have to send my passport so he could cancel my visa otherwise he would have to report me missing and then i would be ban from dubai for 2 years, is that ture, and then what happens after 2 years can i re-apply for another job without any problems or worries of a life ban or anything else. 

thanx


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## meskallail

*thanxxxxxxxxxxxx*



peterifranco said:


> hi Guys,
> 
> i need some help,
> 
> i joind a company back in 2004 and then 4 months later i left, and due to some family problems, i told my employer i could not come. He then told me if i were to leave i would have to send my passport so he could cancel my visa otherwise he would have to report me missing and then i would be ban from dubai for 2 years, is that ture, and then what happens after 2 years can i re-apply for another job without any problems or worries of a life ban or anything else.
> 
> thanx


thank you for your reply , just i asked someone to check at immigration dept. and they said i'm not able to enter dubai, may be that was because i worked in a national bankl!!!... really i'm not sure anymore .... thanx


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## peterifranco

thanx, i was working for a private firm so will i beable to enter again.


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## meskallail

*get help!!!*



peterifranco said:


> thanx, i was working for a private firm so will i beable to enter again.


the best thing you do ...is trying to contact a friend or family there ...send them your passport copy and let them check your situation ....

it will not be a favourable thing that your new employer discover you re banned ...

a friend of mine paid 2000 dhm to solve my problem .... i think it was a bribe ..after that he told me that all is alright ...but i'm not sure about that as i didn't apply for visa to check it ....cause i failed in my job interview...

hope you got your job & finish your problems.


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## peterifranco

even if u failed the interview did u happen to check if you were clear from the immigration, you paid 2000 AED, the least u could do is check up, just in cause if you get another job.


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## meskallail

*yah .....*



peterifranco said:


> even if u failed the interview did u happen to check if you were clear from the immigration, you paid 2000 AED, the least u could do is check up, just in cause if you get another job.


yes,i know that ...i asked my friend and he said i'm clear now but u see.... i 'll never be sure until i apply officaly for it ..... the one took the money works in immigration and he says he cleared that but ..... who knows?!

if this is not the case ... i will never be able to do anything about it from my country ..... anyway i've read some opinion here say that you should contact your previous employer to clear things up ..... i think going legal is the best way to enter without further problems....


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## peterifranco

yes ur rite. best of luck buddy, which country are you from btw


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