# Visa problem



## hayze123 (Mar 19, 2011)

I arrived in Dubai two weeks ago after accepting a job here. I signed an employment offer (1 a4 sheet of paper) but not a contract. My employer said via email that she would start processing my entry permit for me so I emailed my documents over and it was approved and I collected a pink employment visa/entry permit up at the airport which is valid for two months.

Now I have worked there I have decided I do not like the job & company so I have formally resigned. My employer has now gone behind my back and processed my residency visa knowing that i have resigned, probably so I get some kind of a ban.

I've been to the MOL today to file a complaint and also request for my visa to be cancelled. But my employer seems to be doing everything in her power to make this difficult for me and I really don't know why!?

Please help!! What rights have I got regarding this?
Thanks


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## Ogri750 (Feb 14, 2008)

Employers here are not always the fairest of people.

Did you sign a labour contract? I am guessing you did if your residency had been applied for

Do you have formal notification of when you told the company you no longer wished to be with them? Is this dated before or after the residency visa?

Someone with a bit more knowledge on Labour Law particularily in relation to probation periods etc (usually 3 months) may be able to give you more info.

Incidently, what did the MOL say?


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## hayze123 (Mar 19, 2011)

Hi thanks for your reply. 
No I haven't even signed a contract this is why I don't understand how she has even processed my visa?! I think she may have forged it in which case I will go straight to the police.
The ministry just say that they have to follow the procedures etc and that I can request for it to be cancelled if my employer says no then I can again take matters further. Obviously if I get the visa cancelled then I will automatically get a 6 month ban which seems so unfair given the circumstances :-(


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## Ogri750 (Feb 14, 2008)

I have just spoken to an HR guy at my company and he has said that if you haven't signed a contract they can't apply for your visa. As you say, if it is forged, make a criminal case out of it.

He has also said, that as you would still be in your probation period, this would make a difference. 

One other thing he mentioned is to state why you no longer wish to be with the company. The probation period I always feel is as much for you to look at the company as it is for the company to look at you. Do the terms that the company wish you to work under differ from the ones stated in the offer? If so, that does give you an acceptable way out


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## Sumair (Aug 16, 2008)

If your visa is under process it can not be cancelled, first it will stamp on your passport and then can go for cancellation.

You also can not go outside the country till the time visa is not stamped or not cancelled ( will cancel after stamping).


Some exceptions of this rulez are there but offcourse you are not in good relationship with your employer.


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## Ogri750 (Feb 14, 2008)

Question is, how can the visa be under process if the OP hasn't signed a contract?


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## billcfc (May 9, 2011)

how can the visa be under process if no contract was singed!!!


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## incommunicated (Feb 27, 2011)

hayze123 said:


> I arrived in Dubai two weeks ago after accepting a job here. I signed an employment offer (1 a4 sheet of paper) but not a contract. My employer said via email that she would start processing my entry permit for me so I emailed my documents over and it was approved and I collected a pink employment visa/entry permit up at the airport which is valid for two months.
> 
> Now I have worked there I have decided I do not like the job & company so I have formally resigned. My employer has now gone behind my back and processed my residency visa knowing that i have resigned, probably so I get some kind of a ban.


You signed something, sent all your documents, worked there. and now can not say you did not even had a contract.
Why all this talk of them getting your paperwork done the wrong way. If anyone is doing something wrong that is you. It you make a fuzz it will only hurt you.


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## Maz25 (Jul 6, 2008)

incommunicated said:


> You signed something, sent all your documents, worked there. and now can not say you did not even had a contract.


I completely agree with you. The offer letter was the contract. For a contract to exist, there needs to be:
1. Offer = Offer letter, signed by the company and issued to the other person
2. Acceptance = OP signed the offer letter, hence accepted the contents and terms of it
2. Consideration = The offer letter would have stated OP's position and responsibilities and the salary due for the performance of these responsibilities

Hayze - Do verify what you have signed before running to the police because if you are wrong, you will only invite trouble upon yourself. Most expats steer clear of the police here for rather obvious reasons!! Most contracts here do not have the word 'contract' written on them; rather they are titled 'Offer Letter/ Offer of Employment'

Contrary to European contracts, a contract can be no more than 1 page here - it is not necessarily pages upon pages of T&Cs!

Did you sign a limited or unlimited contract? If you signed a limited contract and failing to prove that your employer acted unfairly or unlawfully, I'm afraid you will now owe them 3 months salary!

Did the offer letter/ contract mention any visa fees/ relocation that would be due to the employer if you resign. Check your contract as that is something that is commonly included in employment contracts if you are recruited directly from abroad.

Some companies also stipulate that you cannot work for their direct competitor for a certain period of time. Again, check your contract as this would impact on your ability to get a new job.

Lastly, I think that based on the facts that you have given, you will most certainly have a labour ban!

The UAE is different to the UK; it's not a simple case of just 'up and leave' if you do not like your job. It is always better to try and resolve things amicably. Most people would probably tell you that they are not 100% happy in their jobs but they still grit their teeth and bear it as resigning from a job do come with certain consequences, which are more times than most, in the employer's favour. Bear in mind that oftentimes you also need an NOC from your employer (unless you are taking up a job in the freezone or with a Government/ semi-Government company), so it wise to keep on the right side of the employer. The fact that you are leaving simply because you do not like the job and the company does not help your case and again increases the probability of getting a labour ban.

Did your employer accept your resignation? If they didn't, they can always argue that on the basis that they did not accept your resignation, they were perfectly within their rights to process the visa.

My advice would be to go back to your employer and try to resolve the issue amicably. You do not want a ban so you would need to come to some sort of compromise that works for both parties - I'm not a lawyer but from where I am standing, your employer has the upper hand.

Something for you to think about:
1. If things had worked out with the company, would you have gone back to them ask for a 'proper' contract or would you have accepted the Offer Letter as the Contract?
2. If the shoe was on the other foot, would you have just stood by if your employer claimed that they did not have a contract with you or would you have considered the offer letter to be a valid contract? Just a thought!


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## hayze123 (Mar 19, 2011)

Maz25 said:


> I completely agree with you. The offer letter was the contract. For a contract to exist, there needs to be:
> 1. Offer = Offer letter, signed by the company and issued to the other person
> 2. Acceptance = OP signed the offer letter, hence accepted the contents and terms of it
> 2. Consideration = The offer letter would have stated OP's position and responsibilities and the salary due for the performance of these responsibilities
> ...


Thanks for your input, the only thing I have signed is an employment offer which states 'signed acceptance does not constitue a cotract and is no way binding'

I have an employee handbook which is more detailed, this I assume is the contract in which I have not signed.


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## Maz25 (Jul 6, 2008)

hayze123 said:


> Thanks for your input, the only thing I have signed is an employment offer which states 'signed acceptance does not constitue a cotract and is no way binding'
> 
> I have an employee handbook which is more detailed, this I assume is the contract in which I have not signed.


I feel for you but I think the only way out of this to simply talk to your employer and try to make them see sense. The fact that the Employment Offer was accepted with your residence visa application, it means that it is construed as a valid contract unfortunately.

I suspect that the employer added that extra line for their own benefit and to effectively offer an exit clause for THEM if they didn't like you.

Out curiosity, when did you decide that you didn't like the job and company? Why did you go through the medical if you hated the job or it that something that you realised after you'd started the visa process?

Either way, I hope you manage to sort things out but if you're on the job market again, I would say to concentrate only on jobs in the freezone or with Government/ semi-Govt companies - that's the only way to avoid a ban unfortunately!


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## hayze123 (Mar 19, 2011)

Maz25 said:


> I feel for you but I think the only way out of this to simply talk to your employer and try to make them see sense. The fact that the Employment Offer was accepted with your residence visa application, it means that it is construed as a valid contract unfortunately.
> 
> I suspect that the employer added that extra line for their own benefit and to effectively offer an exit clause for THEM if they didn't like you.
> 
> ...


Thank you.
I haven't started the visa process yet, I haven't even had a medical. All I knew was that I was picking up an employment entry permit at the airport which is valid until the end of June. My employer put through my visa request (god knows how) after I had handed in my resignation. I would have never have accepted the job I had known I would be so tied in, I am always so careful with what I sign.
I understand If I do receive an employment ban etc. But obviously as I'm not 'officially' a resident here In Dubai yet it seems unfair that I receive an employment ban and to be fined.


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## Maz25 (Jul 6, 2008)

I'm slight confused - How did they manage to start a residence visa application if you have not yet done your medical test? Importantly, do you have your passport on you? They need your passport in order to start the residence visa process.

I suspect that your employer may be trying to scare you into backing down. Go back to the Ministry of Labour or if you know someone who is well versed in employment, then put your situation to them and see what their take is.

I do know someone who entered on an employment visa, realised that they'd made a huge mistake and refused to work for the company. They found a new job and did a visa run and re-entered on a new employment visa.
Either way, if you find a new job, your employer can check to see whether you have a ban and if they really want you to work for them, they do have the option to pay a fee to lift the ban. So, all is not lost!


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## hayze123 (Mar 19, 2011)

Maz25 said:


> I'm slight confused - How did they manage to start a residence visa application if you have not yet done your medical test? Importantly, do you have your passport on you? They need your passport in order to start the residence visa process.
> 
> I suspect that your employer may be trying to scare you into backing down. Go back to the Ministry of Labour or if you know someone who is well versed in employment, then put your situation to them and see what their take is.
> 
> ...


Brilliant, thank you so much for your help and the good news! No my employer does not have my passport but they have repeatly emailed and phoned asking for me to bring it in. I suspect that they tried to put through the residency visa but really needed my passport which there is no way I am giving to them.
So are you saying if I did a visa run now, I could re enter on a visit visa and be a free person again?? 

PS. I have been to the MOL today and have an appoinment for me and my employer to meet there next week to hopefully cancel all visa applications/employment visa.


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## Maz25 (Jul 6, 2008)

hayze123 said:


> Brilliant, thank you so much for your help and the good news! No my employer does not have my passport but they have repeatly emailed and phoned asking for me to bring it in. I suspect that they tried to put through the residency visa but really needed my passport which there is no way I am giving to them.
> So are you saying if I did a visa run now, I could re enter on a visit visa and be a free person again??


You can leave and effectively come back on a visit visa. You can then start looking for a new job but be sure to let the new company know (after you have an offer in hand) of the issues you are having with your current employer. You current employer may or may not place a ban on you but ultimately, as I said, there are ways around it.

And yes, do hold on to your passport. If you are having that many problems with your Employer, I suspect that they would hold on to it if you handed it over and ultimately, if you are not continuing with your employment, they do not need your passport. They only need to the employment visa (pink slip) so that they can cancel it or simply let it run out.


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