visa cancellations FEATURED, Legal advice, Legal Guidence

Employers in the UAE might have different reasons to request Visa cancellation and Final Settlement for their employees. Workers probably want to leave their job and abandon the UAE permanently. Companies may no longer require the services of a particular employee. Anyway, both parties need to know that there is a process to follow if necessary.

In this article, we will show you what companies have to do for Visa cancellation and Final Settlement. We will show you that there is legislation that applies to different cases. You will find every detail you should know about cancelling employees’ visas when needed.

  1. How can my employer cancel my UAE Visa?
  2. What process should companies follow for visa cancellations and Final Settlement?
  3. What documents are required for visa cancellation and Final Settlement?
  4. Do workers need to be notified of their visa cancellations?
  5. Residence Visa cancellation for a person outside the UAE
  6. UAE Visa cancellation without a passport
  7. Can I get my visa cancelled if I am outside the country?
  8. Does a Visa need a cancellation stamp?
  9. What should a worker do if their Visa gets cancelled?
  10. How can I get legal advice UAE?

1. How can my employer cancel my UAE Visa?

First and foremost, we have to note that only companies or sponsors can request a visa cancellation and Final Settlement for their employees. Workers that want to leave UAE permanently must ask their companies or sponsors to start this process. Therefore, if companies need to cancel their workers’ visa permits, they should comply with these steps.

  • Companies first need to cancel the work permits of their employees. However, it is not necessary to cancel a Visa if a worker wants to change jobs. They need to get their work permits cancelled by their sponsors or transferred to another company.
  • Employers need to apply for UAE visa cancellation at the General Directorate of Residency and Foreigners Affairs (GDRFA). Moreover, companies need to start this process at the same office where the employee obtained his UAE visa in the first place.

When visas are cancelled, their holders have 30 days to leave the country. However, you are probably asking yourself: Can my employer cancel my UAE Residence Visa without informing me? Let us see if this is possible.

2. What process should companies follow for visa cancellations?

First, it is important to note that this process might depend on whether workers are complying with the terms of their contract or not. If employees are not absconding, companies have to cancel their workers’ work contracts before cancelling their visas. To apply for visa cancellation and Final Settlement of their employees, authorities require companies to follow these next steps:

  • First, companies must start the process by entering the website of the Ministry of Human Resources and Emiratisation (MoHRE).
  • Then, employers need to submit some documents electronically to MoHRE’s website.
  • Next, MoHRE issues this application with all the information sent to the GDRFA.
  • Finally, the GDRFA officially cancels an individual’s visa. Authorities inform MoHRE, who then permanently cancels the work permit of the employee.

Employers need that their employees sign an official letter that has the agreements for the work contract cancellation. This letter must prove that employees received their salary and settlements after contract termination. The process cannot continue unless employers submit this requirement to MoHRE.

3. What documents are required for Visa cancellation and Final Settlement?

The UAE government requires companies or sponsors to comply with some documents to start the process of visa cancellation for their workers. Here are the main papers required by authorities to continue with work permits and visa cancellations:

  • Companies or sponsors need to fill out a UAE visa cancellation form.
  • Employee’s original ID card.
  • Submit proof of the approval of the Ministry of Human Resources and Emiratisation (MoHRE).
  • A company does not need its worker’s passports at the moment of their visa cancellation. If they are not present, companies must submit computerized images of their residence visa.

As we stated before, companies need first to comply with the process of work permit cancellation. Both parties have to go together through this process unless a worker is constantly absent from their workplace. In that case, companies can start the process arguing absconding.

4. Do workers need to be notified of their visa cancellation and Final Settlement?

Yes, a worker has the right to know when their visa will get cancelled. Moreover, employees have to sign a letter for their employers to continue with their work permit and visa cancellation.

To comply with MoHRE, authorities need that workers sign a letter confirming that workers received their contractual benefits. This process cannot continue without fulfilling this requirement. Moreover, companies cannot force their employees to sign this letter if they did not receive their money.

However, if a worker leaves the country for more than six months, their visa cancellation and Final Settlement will proceed without requiring previous notification. Furthermore, if a company can prove absconding of an employee, workers need to comply with financial penalties established by labour law. MoHRE issues these penalties and informs employers about penalties that they need to comply with.

It is important to note that labour card cancellation does not always lead to visa cancellation. Workers that have their contracts terminated can look for new job opportunities in the virtual labour market.  Their former employers can help individuals to find a new company that needs their services.

5. Residence Visa cancellation for a person outside the UAE

Firstly, we need to address what happens when an employee leaves for extended periods. If you spend over six months outside the UAE, your visa will get cancelled immediately. If you want to come back to the country, you need to apply again to obtain your entry permit.

Nevertheless, if you leave the country without telling your employer, obtaining an entry permit might be more difficult. Companies can report their workers as absconding if they do not comply with the terms of their contract. Apart from visa cancellation and Final Settlement, absconding presents other problems for workers that want to change jobs or come back to the UAE.

By filing an absconding case, companies can ask for refunds of their employment deposit. Furthermore, article 116 of the UAE labour law says that workers have to return compensation to their employers for absconding. Labour law establishes these payments unless there is a previous mutual agreement between the parties involved.

In addition, employers might get an absconding ban that prevents them from entering the country for a whole year. There are cases where individuals are permanently banned and cannot return to the UAE under any circumstances.

6. UAE Visa cancellation and Final Settlement without a passport

Individuals do not need to be present when a company is applying for visa cancellation. Therefore, if a company starts this procedure, a worker’s physical documents or passport are not required.

The UAE is currently simplifying governmental processes like visa cancellations. For instance, employers can start labour cards and visa cancellations through official websites. Consequently, digitized documents are enough to comply with UAE requirements.

However, workers need to sign a work contract termination if they are inside the UAE. Individuals receive a notification of their visa cancellation and Final Settlement unless a case of absconding gets proved by their company. Thus, employees need to know if a company no longer needs a worker service, therefore cancelling your work permit.

If a company wants to terminate a contract, it can reach an agreement with its employees. If workers want to remain inside UAE and look for job opportunities, they can get a work permit with another company. Besides, a company can transfer a work permit by filing a No Objection Certificate (NOC).

7. Can I get my Visa cancelled if I am outside the country?

As we mentioned before, visa cancellation and Final Settlement automatically happen if you are outside the country for more than six months. Your company will not tell you if your visa gets cancelled because of your absence from the UAE. However, companies need to tell an employee beforehand if their worker gets their visa cancelled during their annual leave.

On the other hand, if companies want to cancel a workers’ visa arguing absconding, individuals are informed. Visa cancellation and Final Settlement by absconding leads to financial and migratory penalties to workers. Employees can be banned from the country for at least one year or even permanently depending on the workers’ situation.

You must remember that companies need the approval of MoHRE for the UAE to grant a visa cancellation. However, the employer first need to cancel their employees’ work permits and work contracts at a MoHRE office. So companies have to comply with the official process by telling their employees of the end of their work relation.

As we said before, companies should help their former workers to find new job opportunities. This will allow individuals to keep living inside the UAE by having a new sponsor for their work permits.

8. Does a Visa need a cancellation stamp?

Currently, the UAE does not require cancellation stamps. Nowadays the UAE deals with immigration through digital methods. Therefore, companies can start the process for your visa cancellation without having your physical passport or documents.

This is important as companies will not need worker’s presence to start the process for their visa cancellation and Final Settlement.  As we showed before, employers can continue with this process by using digital methods, without physically requiring an employee’s presence.

However, it is always necessary for employees to sign an end of service entitlement to get their visa cancelled. Thus, a company always has to inform their worker of their visa cancellation. However, as we mentioned before, this will not happen in the case of absconding.

9. What should a worker do if their visa gets cancelled?

First, workers should know when their employers start a process to cancel their visas. They need to reach an agreement with their employers to obtain their salary and contractual benefits. After a company cancels its worker’s visas, they should make some personal arrangements before leaving the UAE.

  • Individuals should close their bank accounts, withdrawing their savings.
  • They must cancel their lease if they are paying for any kind of housing.
  • Workers need to comply with their utility bills, paying their debts to official authorities.
  • Last but not least, employees need to make sure that they get salaries and other benefits from their employers. Workers do not have to sign documents that say that they received their compensation if they did not get it.

As we noted before, companies might prefer to terminate contracts without applying for visa cancellations and Final settlement. Employers should help their former workers to submit their resumes on the virtual job market. By doing this, employees can keep living in the UAE and renew their labour cards with a new company.

10. How can I get legal Services?

Employers can only terminate a visa cancellation and Final Settlement or contract if their workers do not show up for work. Consequently, if a worker leaves the UAE for more than six months, they will cancel their entry permit right away. On the contrary, companies need to reach an agreement with their workers to fulfil legal Advice UAE.

In Connect Legal, we offer our legal Services in a variety of matters. From projects and construction to business setup, we can guide you through any legal Advice UAE you may have. In this way, you will remain compliant and avoid financial losses.

Would you like to receive legal  Services? If you need help or want more information about visa cancellation and Final Settlement, call us on + 97143316688. Email us at contact@connectlegal.ae and you will talk to one of our representatives who will answer your questions. Visit our webpage for more information.

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Danielle

Danielle
Danielle is Head of Operations at Connect Resources. She also advises & manages the legal work of the company having studied Law at John Moore’s University in Liverpool, United Kingdom. Danielle oversees the processes of the company’s various departments and ensures an overall smooth interconnectedness and operation between each in order for the company to function at its highest potential.

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