# Previous employer asking for new employer visa



## jrm3891 (Jan 25, 2013)

I had worked for nearly 5 years with a very big real estate company in Dubai. The company just recently terminated my services and the reason given was "organizational restructuring". I was very dejected and demoralized at first and after 2 long months of waiting I finally got another job in Dubai even though the pay is less. The new employer is a competitor to the old employer. Also, my offer letter with the previous employer had a clause that I cannot join any competitor within a period of 1 year. 

My old company after cancelation of my visa is now asking me to send a proof that I have exited the country or send them a copy of my visa change status. I believe they want this information so that they can take legal action against me in case I have joined a competitor to get some compensation in return. I have heard that they have done so to other employees in the past. It's really a shame that such a huge organization has to resort to such cheap tactics to mooch off their employees. The company did not show any appreciation for my long term employment with them and kicked me out for no valid reason. I came to know that the company has hired new staff with better salary to replace me. They have been known to do this in the past. They had once terminated an entire department and hired new staff to replace them. It seems the company doesn't have a professional hr policy and hiring and firing is done, as and when the need arises.

So my question is, am I obligated to provide proof of my visa change status to my old employer? And if I do not provide them this evidence can they take any legal action against me?


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## Reddiva (Feb 24, 2016)

jrm3891 said:


> I had worked for nearly 5 years with a very big real estate company in Dubai. The company just recently terminated my services and the reason given was "organizational restructuring". I was very dejected and demoralized at first and after 2 long months of waiting I finally got another job in Dubai even though the pay is less. The new employer is a competitor to the old employer. Also, my offer letter with the previous employer had a clause that I cannot join any competitor within a period of 1 year.
> 
> My old company after cancelation of my visa is now asking me to send a proof that I have exited the country or send them a copy of my visa change status. I believe they want this information so that they can take legal action against me in case I have joined a competitor to get some compensation in return. I have heard that they have done so to other employees in the past. It's really a shame that such a huge organization has to resort to such cheap tactics to mooch off their employees. The company did not show any appreciation for my long term employment with them and kicked me out for no valid reason. I came to know that the company has hired new staff with better salary to replace me. They have been known to do this in the past. They had once terminated an entire department and hired new staff to replace them. It seems the company doesn't have a professional hr policy and hiring and firing is done, as and when the need arises.
> 
> So my question is, am I obligated to provide proof of my visa change status to my old employer? And if I do not provide them this evidence can they take any legal action against me?


There is nothing in the labor law to say you have to provide them with this. Have you asked them why they want to see this information? Taking someone to court for is very difficult and costly. Personally i do not think they will. Have you called MOL and asked their advice?


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## twowheelsgood (Feb 21, 2013)

I would ignore them - as that they terminated you, means its even less likely they would have a case.


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## ThunderCat (Oct 28, 2015)

Just ignore them.


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## Stevesolar (Dec 21, 2012)

Ignore and block their calls & emails.


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## jrm3891 (Jan 25, 2013)

Reddiva said:


> There is nothing in the labor law to say you have to provide them with this. Have you asked them why they want to see this information? Taking someone to court for is very difficult and costly. Personally i do not think they will. Have you called MOL and asked their advice?


Thank you for your reply. Actually they had told me verbally during my exit process that they would need a copy of either the exit stamp or my new visa copy because they might have to present it to Immigration as proof. 

Actually, my old company had given me an extension of 2 months after my termination so that could I find a new job. That is the only good thing they did for me during my entire time in the organization. After the 2 months, they told me that they couldn't wait any longer and would have to cancel my visa. Luckily a few days later I found a new job while I was still in the grace period post visa cancellation. Now that the due date of the grace period is approaching which is the mid of October, their hr dept.has sent me an email to give them proof of exit or proof of the new visa change. 

My old employer is a very huge organization and has a very dedicated legal team and huge resources to take me to court. Probably they might harass me to come to an out of court of settlement. Honestly, my pay grade is way too low to give them any kind of compensation but it's possible they could be targeting my gratuity amount. 

I have not yet contacted the MOL but am I a bit skeptical of doing so as they might raise a reg flag or something.

I had also contacted a legal adviser when I was terminated to see if I could get some kind of compensation for my wrongful termination. The legal expert told me that I could at the best get 2 months of salary as compensation which was an amount way below his fees! So I abandoned the idea completely. Also, because the legal process would take nearly a year and I was out of a job at that time at the mercy of the old employer's visa.


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## Stevesolar (Dec 21, 2012)

jrm3891 said:


> Thank you for your reply. Actually they had told me verbally during my exit process that they would need a copy of either the exit stamp or my new visa copy because they might have to present it to Immigration as proof.
> 
> Actually, my old company had given me an extension of 2 months after my termination so that could I find a new job. That is the only good thing they did for me during my entire time in the organization. After the 2 months, they told me that they couldn't wait any longer and would have to cancel my visa. Luckily a few days later I found a new job while I was still in the grace period post visa cancellation. Now that the due date of the grace period is approaching which is the mid of October, their hr dept.has sent me an email to give them proof of exit or proof of the new visa change.
> 
> ...


Hi,
If the visa from your previous employer has been cancelled - then what you did next is none of their business.
For anti-competition clauses to be enforceable - then certain criteria need to be fulfilled.
Firstly - they should only apply for 6 months and in the same Emirate. 
Company also needs to prove a loss of earnings - directly due to your use of their confidential business information.
The bar is therefore pretty high to get a successful claim for anti-competition.
As previously stated - best to ignore and not engage with them - so that eventually they will give up.
If you keep answering them - then they would normally continue to harass you.
Cheers
Steve


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## Desert Dog (Nov 11, 2012)

If the company cancelled your visa, they have to be sure that you have either:

1) Left the country
2) Started new employment

... so they can ensure that you are off their books and get back the deposit that they have put down when they employed you.


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## jrm3891 (Jan 25, 2013)

Desert Dog said:


> If the company cancelled your visa, they have to be sure that you have either:
> 
> 1) Left the country
> 2) Started new employment
> ...


Can't they find this information from the immigration authorities? I know other people who have worked in Dubai and they were never asked by their employers to show proof of their visa change.


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## Desert Dog (Nov 11, 2012)

jrm3891 said:


> Can't they find this information from the immigration authorities? I know other people who have worked in Dubai and they were never asked by their employers to show proof of their visa change.


Whilst that makes sense, it's not that simple. We always ensure that our former staff members are off our books so they / the authorities don't come back to bite us in the arse later on. We can then get the deposit that we paid back.


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## twowheelsgood (Feb 21, 2013)

Desert Dog said:


> Whilst that makes sense, it's not that simple. We always ensure that our former staff members are off our books so they / the authorities don't come back to bite us in the arse later on. We can then get the deposit that we paid back.


You are correct - I had an employee who left us and nine months later, the authorities told us that if he didn't leave then we would be liable for his overstay, despite him having formally left the company and all the paperwork having been done correctly. Its bizarre that they try and hold a previous employer liable for staff who have actually stopped being staff.

That said, its a company problem, not the ex-employee problem per se, so the ex-employee has zero obligation to play ball and cooperate.

So while your point is completely valid from the company viewpoint, the ex-employee has no legal obligation to do what is convenient for their ex-employers benefit.


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## Timeport (Apr 2, 2016)

Yea you have to provide because you are under their sponsorship. My advice is to exit the country (drive to Oman) and enter with a new visa. Show them the exit stamp only and the relationship ends there. Don't say anything about your future plans.


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## twowheelsgood (Feb 21, 2013)

Timeport said:


> Yea you have to provide because you are under their sponsorship.


Read again. He has left the original employer and that original employer wants to see the Visa from his new employer.

Your response is completely wrong.


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