# Changing Jobs - Visa Implications



## Guest (Apr 19, 2009)

Hi Everyone, 

I am thinking of changing jobs very soon. Currently I work for a private company so my Visa is sponsored by them. If and when I leave I shall work for a free zone company....how does it work?

I assume my company will cancel my visa as soon as I leave them, how long can I stay in the country after that? Also how long does it take for my to get a visa to work in the free zone.

I appreciate all the help I can get on this matter, as I cannot ask my internal HR as it will raise suspicions about my intentions.

Thanks


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## Tiger Lily (Apr 18, 2009)

Hi Buppo,

If you have been with your existing company for 3 years or more, you can change jobs with no problems even if your company refuses to give you an "NOC" - no objection certificate. 

If your new job is within a free zone, eg. Media City, you are also fine because you don't need an NOC.

If neither of these things applies to you, you need to be very careful about changing jobs or you could end up with a 6 month work ban.

Hope that helps.






Buppo said:


> Hi Everyone,
> 
> I am thinking of changing jobs very soon. Currently I work for a private company so my Visa is sponsored by them. If and when I leave I shall work for a free zone company....how does it work?
> 
> ...


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## Sumair (Aug 16, 2008)

Dear Kindly provide your date of issuance of labour card and any special terms in your contract or labour card regarding termination / resignation.





Buppo said:


> Hi Everyone,
> 
> I am thinking of changing jobs very soon. Currently I work for a private company so my Visa is sponsored by them. If and when I leave I shall work for a free zone company....how does it work?
> 
> ...


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## Guest (Apr 20, 2009)

Hi Tiger Lily

Thanks for your feedback. I have been with my current company less than 6 months...in fact I am still on probation - which is one of the reasons I wish to leave....I was made a lot of empty promises and frankly joining them was the worst decision of my life and has made my life sheer hell since I moved here. They no longer issue NOC letters. Luckily for me it seems I do not need it to transfer to a free zone company.

The new company is in the free zone.


In terms of the actual visa how does that work. My current company cancel my VISA...how long can I stay in Dubai after that? 

Do I need to exit and re enter in order for the new company to process my new visa or can it be done without me leaving.

There are conditions that my existing company have in their contract and although I do not think they are fair, I do not want to aggravate the situation. Basically I have to pay a certain percentage of my recruitment costs, despite them approaching me to do the job and not vice versa. No 3rd Party recruitment consultant was involved...maybe someone can shed light on this too? Can they expect me to pay them costs?

Thanks






Tiger Lily said:


> Hi Buppo,
> 
> If you have been with your existing company for 3 years or more, you can change jobs with no problems even if your company refuses to give you an "NOC" - no objection certificate.
> 
> ...


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## Sumair (Aug 16, 2008)

Dear Buppo, 

You will face six months automatic ban on your visa, but fortunately you are joining Free Zone company so it will not effect you.

Your current employer should cancel your visa , and then you will have 30 days to exit or get another visa. You dont have to exit the country for change of visa.

By law they can not ask you to pay any amount , but everyting will not work by law . Its better to amicably resolve the matter with them otherwise you may face some difficulty , like they may force you to leave the country in that case you will be out of touch from your new employer. 

They may also do many things but its better to leave amicably, get your visa canceled and join new company.

Best of Luck!






Buppo said:


> Hi Tiger Lily
> 
> Thanks for your feedback. I have been with my current company less than 6 months...in fact I am still on probation - which is one of the reasons I wish to leave....I was made a lot of empty promises and frankly joining them was the worst decision of my life and has made my life sheer hell since I moved here. They no longer issue NOC letters. Luckily for me it seems I do not need it to transfer to a free zone company.
> 
> ...


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## Guest (Apr 21, 2009)

Thanks Sumair.

So let me get this right...if I pay them what they ask for and leave on amicable terms, I can move to a free zone company (even now after working only 5 months) and there will be no ban?

Thanks



Sumair said:


> Dear Buppo,
> 
> You will face six months automatic ban on your visa, but fortunately you are joining Free Zone company so it will not effect you.
> 
> ...


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## Ogri750 (Feb 14, 2008)

If you don't have an NOC then the Ministry of Labour will automatically place a 6 month ban on you.

Luckily you are moving into a free zone so you shouldn't have much to worry about.

Personally I wouldn't pay the company a bean as regards to recruitment. Tell them that you will go with them to the Ministry of Labour to discuss any monies they wish you to pay. They won't go near the place.


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## Sumair (Aug 16, 2008)

Yes, and do everything amicably , this is my advice.



Buppo said:


> Thanks Sumair.
> 
> So let me get this right...if I pay them what they ask for and leave on amicable terms, I can move to a free zone company (even now after working only 5 months) and there will be no ban?
> 
> Thanks


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## Guest (Apr 22, 2009)

I have spoken to MOL and they told me same thing about NOC etc which is a huge relief

I think I am going to go see them in person with my contract etc and find out where I stand legally!

From other people who have left they have had no choice about paying...the company has automatically deducted the costs from their final pay check!



Ogri750 said:


> If you don't have an NOC then the Ministry of Labour will automatically place a 6 month ban on you.
> 
> Luckily you are moving into a free zone so you shouldn't have much to worry about.
> 
> Personally I wouldn't pay the company a bean as regards to recruitment. Tell them that you will go with them to the Ministry of Labour to discuss any monies they wish you to pay. They won't go near the place.


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## Sumair (Aug 16, 2008)

Dear Buppo, 

Again I am advising you DO not go for complain to MOL. 

Your case is very simple if amount involve is not big , then make some negotaition with company and resolve the case.

Get more advise from HR people around you , no one will give you advice to go to MOL.

Best of Luck! 



Buppo said:


> I have spoken to MOL and they told me same thing about NOC etc which is a huge relief
> 
> I think I am going to go see them in person with my contract etc and find out where I stand legally!
> 
> From other people who have left they have had no choice about paying...the company has automatically deducted the costs from their final pay check!


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## Ogri750 (Feb 14, 2008)

The following has been copied from the Gulf News site, ask the law section. Not exactly the same situation as yours, but very close.


*A reader from Dubai asks*: I have been working for a company in JAFZA for five months and I want to leave without notice during my probation period. But my company wants me to pay my visa charges and all other charges. These were not mentioned in the labour contract. I want to go back to my country immediately, but it refuses to cancel my visa and return my passport. What should I do? 


_I would like to bring to the questioner's attention that the company has no right to ask the employee to pay the visa charges or other charges incurred by the company, as this act is against the labour law. These charges should only be incurred by the employer. _

In other words, the employee should never be told to bear such charges even in the case of him breaching his labour contract, as the labour law states other penalties against the employee in case of such a breach. For instance, if the labour contract is for a limited period then the employee, in the case of terminating the contract before the expiry of its term, would be obliged to compensate the employer for not committing to the labour contract, in addition he will have a ban stamped against him. But if the labour contract is for an unlimited period then the employee would not be obliged to compensate the employee. In such a case the Ministry of Labour would only stamp a ban against him. These penalties against the employee, in case of a breach of the labour contract, are the only penalties permitted by law. No law permits a company to make its employees bear such charges related to visa or residence expenses.

In this case, the questioner is advised to file a labour complaint in order to cancel his employment and return to his country. 

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants.


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## Guest (Apr 23, 2009)

I read this exact same article. My company mention again and again that the contract is in line with the labour law, clearly its not. 

I am just awaiting confirmation of offers from some other companies, once I have those in hand, I will then raise this with my company before I resign.

Thanks for all your help


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## Guest (May 14, 2009)

Hi Ogri

I sent you a PM not sure if you got it though, thought I would give you a progress report and get some more advice.

I received a job offer from a govt organisation they were absolutely fantastic, managed to get everything wrapped up in a week as I told them I had other offers on hold.

They made me an offer and put it into writing just over a week ago now, however I am still waiting for security clearance which they need to obtain due to being a govt organisation and then they will proceed to issue my contract.

Due the sheer amount of trouble I have had with my employment since I have been here (which is just getting worse day by day to the extent where I am getting ill), I am just so anxious to receive my contract asap.

In your experience how long does it normally take, I have chased them and they said they should get the clearance anytime now as it should take around a week.

Also once an offer is made, is there any chance it can be retracted? 

Bear in mind they actually offered my a more senior positon then the one I was interviewed for and also got offered a higher salary then I was expecting and have said they want me to start at the earliest date possible. As a result I have turned down other offers.

I think I am just being pessimistic about it all but a second opinion is much needed.


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## tolkien (Apr 18, 2009)

*6 month work ban*

Hi, I understood about the 6 month ban if you break your contract, could someone please clarify if that applies only to the UAE or to other Gulf countries also? Many thanks.

JRR


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## Dubai1 (Feb 2, 2009)

Hi Buppo just wondering how you got on?

I am in exactly the same situation - near enough exact!!

How confident should I be that I am not liable to pay recruitment costs (flights here and other misc costs) if resigning within probation?

They are also saying I owe one month salary as compensation - any ideas?

FYI - this will be deducted from my final salary so I will end up oweing them!!!

Any help appreciated.....


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## Dubai1 (Feb 2, 2009)

P.S. My understanding is that the labour ban applies to GCC but happy to stand corrected if anyone knows otherwise.


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## jessil (Jun 21, 2009)

During probation period... both party can terminate the contract by giving one day notice period.. until and unless its stated in your labor contract class. You don’t need to pay any charges..

I worked for a company inside JAFZA for 3 months and I was under my probation.. i was expecting that they will deduct the visa expenses, but there was no deduction.....

After probation period if company terminate you.. then you are eligible for a month salary, or if you are leaving the company with immediate effect after probation period without giving notice then you will have to pay one month salary to company.

As per labor low, all the recruitment expenses and the visa expenses has to be borne by the employer.


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## Dubai1 (Feb 2, 2009)

Hi,

Tricky one this..... I have clarified with MOL, decided not to divulge any personal information at this stage, they were fine with this..... Their helpine is great if anyone needs to clarify their situation.

They said that indeed the employee is NOT liable for flights and recruitment costs and it is illegal to deduct these from a final salary.

However, regardless of whether inside probation period or not, the employee IS liable to compensate the employer to a maximum of 45 days salary.

Hmmmm...... talk about having you over a barrel!!


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## tolkien (Apr 18, 2009)

*enforcement*

Hi, I know your situation is specific but I'm wondering how do they enforce it if you leave the country? The cost of prosecuting people overseas must be a good deal more than what they might hope to get back?

JRR



Dubai1 said:


> Hi,
> 
> Tricky one this..... I have clarified with MOL, decided not to divulge any personal information at this stage, they were fine with this..... Their helpine is great if anyone needs to clarify their situation.
> 
> ...


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## tolkien (Apr 18, 2009)

Thanks Dubai1, I thought the ban applied only to GCC countries but I wasn't entirely sure. Now I'm wondering if one does a runner and goes to work in another Gulf country i.e. Kuwait can you be prosecuted there? Do GCC countries and Kuwait have any arrangements re jurisdiction? Tks.

JRR


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## Dubai1 (Feb 2, 2009)

Hi Tolkein,

For me it isn't a case of being prosecuted overseas, as granted - it would not be worth their while to persue me, more a case of wanting to leave on as good a terms as possible. I want to ensure that my record here is as clean as possible, the likelyhood of working back in the UAE in the VERY near future is high so I dont want to be oweing anyone anything or give anyone any chance to intefere in any way due to bad blood.

If there is one thingI have learned in my short time here, it is that things work differently over here and you have to accept that it is different, not right or wrong, just different.

In terms of you situation, I wouldnt worry about being prosecuted, rather having issues about obtaining your work permit or residency visa in another GCC country. However things are getting easier on this but I have no personal experience only what I have read.

The whole area (visas/work permits) is a mine field and everyone seems to have their own opinion/interpretation. I have managed to navigate my way through but only after lots of homework and considerable stress along the way :eyebrows::eyebrows:

But onwards and upwords...... He who laughs last - laughs loudest


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