# UAE entry problem



## coldfusion (Jan 3, 2012)

I had job in UAE in january 2011 as diver.They have applied for resident visa for me.I was there for 15 days in fujirah all formalities like medical,fingure print completed.I got a call from my home that i have to come home coz my mom is having serious medical problem.That time I came to home in india after that i have decided to stay in india,Company told me to send my passport to them for cancelling visa.Accordingly I have send them my passport after that they are telling me that i have to pay 40000dirams to get my passport.I didnt pay them and i have applied for new passport in india.Now after a year i want to apply for job in UAE How should i know that whether i am allow to come in UAE or not?


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## Felixtoo2 (Jan 16, 2009)

There is no way that i would take the risk to come back here if there was even the slightest possibility of there being a 40K fine waiting for me. They may welcome you with open arms but you may find it a lot harder to leave.


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## coldfusion (Jan 3, 2012)

Felixtoo2 said:


> There is no way that i would take the risk to come back here if there was even the slightest possibility of there being a 40K fine waiting for me. They may welcome you with open arms but you may find it a lot harder to leave.



I didnt get u.....y should i pay dem 40k?where should i check ?


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## nm62 (Dec 11, 2008)

they can make you pay as per the labour law, as they have spend a lot of money for your medical test/ visa procedure... and have you left during probation period.... or give you a 1 year ban....

i think check with the company first, than emigration here in UAE....
even if you get a job here, the new company will not be able to provide you with the visa if you old visa is not cancelled....
or your old passport no. is under absconding list (this can be ignored as people do take out pass from Indian consulate in dubai and leave the country)....

Contact Indian Consulate in dubai... they are very helpful people... that is what i have heard...
Consulate General of India, Dubai | Indian Passport, Visa, and all Consular services for Dubai, and Northern Emirates


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## Gavtek (Aug 23, 2009)

Please quote the section of the Labour Law that states a company can make up a number out of the air in which to hold a worker's passport to ransom with.


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## Tropicana (Apr 29, 2010)

nm62 said:


> they can make you pay as per the labour law, as they have spend a lot of money for your medical test/ visa procedure... and have you left during probation period.... or give you a 1 year ban....


Wrong, the OP is being subject to plain and pure extortion. Of course he made a mistake in sending them his passport. 

An offer letter generally mentions the amount a new hire may have to pay back which is often a few thousand or a months salary.

Asking for 40000 dhs means the company in question is probably trying to make 35000 dhs profit by extorting.


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## md000 (Dec 16, 2008)

Alright....fact time.

It is against the law for someone other than a judge, government authority or the individual to hold their own passport: gulfnews : Passport as security

With regards to compensation: gulfnews : Resigning while under probation period

"I would like to clarify to the questioner that if her contract is for unlimited period and she wants to quit work, she shall notify the company in writing that she desires to quit upon the expiry of the notice period which is one month as per the Labour Law or the period stated in the employment contract.
Therefore, the questioner may not leave work immediately so as not to be banned from work. Upon the expiry of the notice period, the questioner may transfer to a new company without the need of a no objection certificate from the sponsor as the questioner is sponsored by her husband. Also, as per the Labour Law, the questioner is not obliged to pay the cost of applying for a labour card or medical insurance card. If the questioner’s contract is for limited period, the questioner may not leave work prior of the expiration of the contract period, otherwise, the questioner shall be subject to one-year ban if the employer requested from the Ministry of Labour to impose such ban in addition to a compensation shall be provided to the employer if the latter proved that he was affected from the termination of the contract."

_Please note that this content was copied directly from Gulfnews and is attributed to Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants._

And...there you go.

To answer your questions:

1) They can't withhold your passport. File a claim with the Indian embassy and the Ministry of Labor in the UAE.
2) If you were on an unlimited contract, then they cannot claim compensation. If you were on a limited contract, they may ask for compensation if the company proves that they were affected from termination of the contract. This would have to be filed by the employer through the courts of the UAE.

Enjoy

-md000/Mike


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## coldfusion (Jan 3, 2012)

at the time m going to india that time i told to my manager that there is 50-50 chance of coming again to work coz my mom is suffering from kidney failure.
there is 3 months probationary period as per the contract,in contract clearly mention that in this 3 months you can any time leave if u r not satisfy with company.
I am having new passport now as i have given the police complaint that i lost my passport..coz i don't have another option 6 months i was waiting and for that reason i lost 4 jobs.
from where should i conform that i am ban??


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## indoMLA (Feb 6, 2011)

coldfusion said:


> at the time m going to india that time i told to my manager that there is 50-50 chance of coming again to work coz my mom is suffering from kidney failure.
> there is 3 months probationary period as per the contract,in contract clearly mention that in this 3 months you can any time leave if u r not satisfy with company.
> I am having new passport now as i have given the police complaint that i lost my passport..coz i don't have another option 6 months i was waiting and for that reason i lost 4 jobs.
> from where should i conform that i am ban??


Like another poster said, call your consulate in the UAE and see if your name is on the banned list. Don't want to come here again and then have them arrest you for failure to pay some stupid amount of money. Good Luck.


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## md000 (Dec 16, 2008)

coldfusion said:


> at the time m going to india that time i told to my manager that there is 50-50 chance of coming again to work coz my mom is suffering from kidney failure.
> there is 3 months probationary period as per the contract,in contract clearly mention that in this 3 months you can any time leave if u r not satisfy with company.
> I am having new passport now as i have given the police complaint that i lost my passport..coz i don't have another option 6 months i was waiting and for that reason i lost 4 jobs.
> from where should i conform that i am ban??



Contact the Ministry of Labour.

-md000/Mike


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## coldfusion (Jan 3, 2012)

i have send them mail many times....they didnt provide me any information
they told me only ur sponsorer is authorized to provide this information


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## md000 (Dec 16, 2008)

coldfusion said:


> i have send them mail many times....they didnt provide me any information
> they told me only ur sponsorer is authorized to provide this information


Go here: Ministry Of Labour - Home

or CALL them at +966 800665

best of luck

The next option is to contact a lawyer. The forum probably cannot provide you further answers to your query.

-md000/Mike


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## nm62 (Dec 11, 2008)

Let me recollect all your information:

You have joined the company for 15 days...
Now as per the Labour Law when an employe joins a company, the company should immediately inform the Ministry of Labour about the employee with in 10 days (UAE NAtional) and 21 days (Expatriate)...

You left after 15 days informing verbally that you will be HOPEFULLY back (50-50)
The first mistake you did is did not give anything in written...

Irrespective of your contract (limited or unlimited), providing Visa is an expensive task...
that is why most of the companies do not give visa before 60 days... if a person has to resign he/she will do so on 60th day with 1 month notice....

when you might have left (after 15 days).... they must have processed/issued the visa on 75th day (as you did not resign or gave any written notice)...
So the company is under a liability of paying you at least 3 - 5 months salary...

I can make a rough calculation of dh 40,000 as your 6 months salary...


Try speaking on phone to your company or Labour office or Indian consulate


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## BedouGirl (Sep 15, 2011)

On a side note, we had a thread recently where we discussed passports being held and whether or not it was legal http://www.expatforum.com/expats/dubai-expat-forum-expats-living-dubai/98244-problem-debt-dubai.html

So, although it isn't legal, it also isn't actually illegal either....

To the OP, do you have anything in writing where they ask for AED 40,000?


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