# Can you get a visa ban by not starting with a company



## Epicurus33 (Sep 25, 2008)

Ladies and Gentlemen

I am in need of advice and would be greatly appreciative if someone can help me:

I have got a job in Dubai that I accepted by email, I have not physically signed the offer letter although I have accepted it by email.

They have put my visa application in last week.

Two family members of mine have become ill recently and I will need to spend more time in the UK. The job I have accepted gives poor holiday allowance. This job is not in a free zone.

Another company have offered me a job in a free zone that will allow me to go back to the uk regularly.

Can I withdraw from the first job, demand that they withdraw my visa application, and then accept the other job, or can the company that has already applied for my visa get me a labour ban?

Thanks for any help.


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## Kansaag (Aug 6, 2008)

Hi, you might find a problem, as they have started with the process and you have committed on paper. I suggest that you rather start with the job, and change in a few months, as you will be on probation for a few months anyway. That way you can get out of it in a professional way. If you stay away now, you might be banned for 6 months.


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## Pasanada (Feb 5, 2008)

Please visit Gulf News online, there is a legal section with a wealth of information regarding employment laws.


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## Epicurus33 (Sep 25, 2008)

Kansaag said:


> Hi, you might find a problem, as they have started with the process and you have committed on paper. I suggest that you rather start with the job, and change in a few months, as you will be on probation for a few months anyway. That way you can get out of it in a professional way. If you stay away now, you might be banned for 6 months.


Thanks. Doesn't this mean i get a six month labour ban if I Leave after less than one years service?


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## Kansaag (Aug 6, 2008)

If you are in bridge of contract, you can be banned for 6 months. If you employer is willing to give you a letter of "no objection", you can go and work at another company.


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## Maz25 (Jul 6, 2008)

Epicurus33 said:


> Thanks. Doesn't this mean i get a six month labour ban if I Leave after less than one years service?


I would advise that you visit Gulf News as Pasanada has kindly suggested! Since your company is not in the free zone, it is a lot more difficult to change jobs and the ban is likely to be 6 -12 months. If your employer refuses to gve you an NOC, you still cannot take up a new job. Also, just be aware that some companies insert a clause in your contract stipulating that you refund them any costs they have incurred in recruiting you in the event that you leave before completing 1 - 2 years continuous service.

I cannot provide an answer to your original question as I simply do not know. Visas can however get cancelled and I personally feel that you should at least try and talk to your new employer to try and remedy this situation. I'm not sure how acceptance of an offer via email is viewed. In certain places, it might be seen as merely an acknowledgement of an intention to enter into contract, whilst in others, it could be seen as an actual contract, depending on the wording. In Dubai, I would say that it's anyone's guess!

Considering that you have not signed anything, then things might not be so bad but please speak to your employer asap!


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## Epicurus33 (Sep 25, 2008)

Maz25 said:


> I would advise that you visit Gulf News as Pasanada has kindly suggested! Since your company is not in the free zone, it is a lot more difficult to change jobs and the ban is likely to be 6 -12 months. If your employer refuses to gve you an NOC, you still cannot take up a new job. Also, just be aware that some companies insert a clause in your contract stipulating that you refund them any costs they have incurred in recruiting you in the event that you leave before completing 1 - 2 years continuous service.
> 
> I cannot provide an answer to your original question as I simply do not know. Visas can however get cancelled and I personally feel that you should at least try and talk to your new employer to try and remedy this situation. I'm not sure how acceptance of an offer via email is viewed. In certain places, it might be seen as merely an acknowledgement of an intention to enter into contract, whilst in others, it could be seen as an actual contract, depending on the wording. In Dubai, I would say that it's anyone's guess!
> 
> Considering that you have not signed anything, then things might not be so bad but please speak to your employer asap!


Thanks Maz. I have already checked Gulf News to no avail!

If I call my new company and tell them I don't want to join can they fire me before I have even joined and still ban me? That is what I am concerned about - ending up unemployed.


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## Maz25 (Jul 6, 2008)

Epicurus33 said:


> Thanks Maz. I have already checked Gulf News to no avail!
> 
> If I call my new company and tell them I don't want to join can they fire me before I have even joined and still ban me? That is what I am concerned about - ending up unemployed.



It is better to get a 6 months ban than to move out here with the wrong company and then feel trapped and consequently miserable. Please call or email them and explain your family situation to them. Most people have compassion and I feel that the earlier you tell them, the better it will be for everyone. Do not wait until the visa has come through to then turn around and tell them that you have some family business that you need to attend to. 

Like I said, I do not know how the labour law deals with your type of situation but I am very doubtful that you would get banned (unless maybe if they knew you wer going to take up another job!). I would ask my PRO but I work in the freezone and we are covered by an entirely different set of rules. Maybe you could download a copy of the labour law and see if it says anything about your case.


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