# Visa Cancellation



## saima1215

I'm quitting my job and I wanted to know how the visa cancellation process works. I'm currently on the employer's visa (it's only been 6 weeks). I want to get on my husband's visa now. How should I do this? Should I have my current employer cancel my visa and then apply to get on my husband's visa or should I have them write me a NOC letter to transfer my visa to my husband's? If I cancel do I have to give them my passport? How long will that take. I really want to avoid giving them my passport because I do not trust them. They may ask me to pay the visa expenses. It's not mentioned on the contract so I will not be paying them. If they refuse to cancel it immediately is there a way I can cancel it myself? Please advise. Thanks.


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## chay14ph

You need to cancel your employment visa before you can apply for a husband's visa. Cancellation to immigration takes only a day. YOu have to give your passport and labor card for them to cancel your visa.I have a friend who is in hr that she told me that according to labor law, if you are less than 1 year to a company and you resign , you have to pay for the visa expenses. But then again laws are not really clear and it keeps chaging. Talk to your employer. I doubt if u can cancel it yourself. It should be the company PRO, with the Valid PRO id (issued by the immigratio) who will cancel it to immigration.


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## Maz25

chay14ph said:


> I have a friend who is in hr that she told me that according to labor law, if you are less than 1 year to a company and you resign , you have to pay for the visa expenses.


That's not correct! The labour law clearly stipulate that all expenses associated with the employment of a person are to be borne by the employer. However, some employers would include a clause in the contract making the employee liable for the same but it is actually illegal for the employer to charge the employee for the cost of their visa. It's understandable that the employer would want the relocation allowance refunded if one was paid and the employee jumped ship early on in their career but definitely not the visa charges.


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## saima1215

Ok so i'm facing a problem now. My employer is trying to charge me for the visa expenses cause they're saying that i'm leaving before the probation period is over. That's not even mentioned on my contract. I just don't know what to do now. I'm supposed to give them my passport today to start the cancellation. Im gonna get on my husband's visa right after. How should I go about with this now. They're going to take my passport and then ask for money. This is just crazzzzzy!!!


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## pamela0810

saima1215 said:


> Ok so i'm facing a problem now. My employer is trying to charge me for the visa expenses cause they're saying that i'm leaving before the probation period is over. That's not even mentioned on my contract. I just don't know what to do now. I'm supposed to give them my passport today to start the cancellation. Im gonna get on my husband's visa right after. How should I go about with this now. They're going to take my passport and then ask for money. This is just crazzzzzy!!!


Hi Saima,

I suggest you find a way to delay handing over your passport and get in touch with the Ministry of Labour so they can give you some proper guidance. I found their number on the website and it's 04-702 3333. They are somewhere in Al Qusais.
Ministry of Labour

There is a bit of confusion when it comes to paying back the visa fees if an employee resigns within the probationary period. As far as I'm aware, it is illegal for a company to charge the employee, but many companies do so irrespective of the fact. Hope things work out for you.


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## bonk

Maz25 said:


> That's not correct! The labour law clearly stipulate that all expenses associated with the employment of a person are to be borne by the employer. However, some employers would include a clause in the contract making the employee liable for the same but it is actually illegal for the employer to charge the employee for the cost of their visa. It's understandable that the employer would want the relocation allowance refunded if one was paid and the employee jumped ship early on in their career but definitely not the visa charges.


That's what I thought, and there are many authoritative statements from government officials and lawyers saying something similar. However, I was looking for the relevant clause in the labour law recently but couldn't find it. If anyone knows which Article refers to visa costs, that would be useful.



saima1215 said:


> Ok so i'm facing a problem now. My employer is trying to charge me for the visa expenses cause they're saying that i'm leaving before the probation period is over. That's not even mentioned on my contract. I just don't know what to do now. I'm supposed to give them my passport today to start the cancellation. Im gonna get on my husband's visa right after. How should I go about with this now. They're going to take my passport and then ask for money. This is just crazzzzzy!!!


If you're on a fixed term contract then the employer is entitled to claim financial compensation for quitting before completing the contract. During the probation period the employer is entitled to fire you without notice. The labour law does not specifically say you are entitled to quit without notice, although it does not say you are not either.

If all you want to do is change your residence visa to husband sponsorship, but stay with current employer, then check with the DNRD if there is a way to do that. Note that residence visa and work permit are two different things. Only the employer can arrange a work permit, even if sponsorship is from husband.

When your visa is cancelled, you are asked to sign a form to say you received all payments due to you. If you don't sign this form, the company can't complete the visa cancellation process, and that can be a problem for them.

With respect to the passport issue, you could try saying you will go to the DNRD with the company PRO when passport is needed and hand it in yourself.

You could also contact the labour department to file a complaint about being charged visa costs.


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