Thursday, June 9, 2011

Switching of jobs allowed only after two-year term

Major General Mohammad Ahmad Al Merri, Director-General of the General Department for Residency and Foreigners' Affairs in Dubai, answers questions from Gulf News readers on issues related to residency in the UAE
I have been working in a hotel in Fujairah for about 14 months. I know that I can’t switch job right now because there will be a six-month ban. But I got vague information from my friends that if I get a job under immigration visa then I can change to that job. And also hotels in Dubai are issuing employees such visas. I want to get broad information about this and I also want to know will I be able to change to a job in Jumeirah Group if I get a job there.
In order to change job you need to complete two years at the existing job. People can change work from private to government or semi government without the need to complete two year and such visas are issued by the residency department. You can check with Jumairah group if you can get job with them.
Can I get residence visa for my parents in law? My wife is pregnant and she will give birth in July, we are planning to bring her parents via residence visa for 1 year. Can I apply for them? We are staying in Abu Dhabi.
You can apply for visa for them and obtain one-year residence visa.
Kindly advise about my wife and child. They have a 3-year residence visa under my sponsorship and I wanted to sent back their home country for some medical treatment ,may be take more than 6 months for come back, may I know how  long are allowed  for residence to stay their home country and if  any restriction  for enter in UAE .
They have to enter the country before the end of the six months. According to the Federal Residency Law the residence permit granted to a foreigner shall be deemed as cancelled if the period of his/her stay outside the UAE exceeds six months. 
Just need to clarify: I am working in Jebel Ali and am currently on JAFZA Visa. I am currently sponsoring my family and so I need to know that if ever my visa is cancelled (resigned from this company and am offered from a new company in Jebel Ali, U.A.E)
1. Is it possible if I keep AED 5000 deposit for each member of my family and so the visa will not cancel....
2. Why will this company cancel my visa when in fact JAFZA (two company’s in Jebel Ali can have internal file transfer) Appreciate feedback.
For changing your sponsorship from one company to another then you need to change your visa to the new company and you need to change your family visa also.
I have one query. Please help me out in my passport. I have my husband visa he is absconded in the UAE. I am from India he is from Bangladesh. I don’t have any idea about him I have one baby girl.  It is one year past we left Dubai my query is my visa is still active or cancel can I re enter the UAE.
If you were on you husband sponsorship you need to cancel your own visa and it needs your original passport. You are not absconded if he is absconded.
My old residency visa valid from Aug2007 - Aug2010 is not yet cancelled since I renewed my contract last Aug2010. I am working right now with an issuance of valid Labour Card up to July2013. My questions are: Does the company will face any penalty on this? If so, how much is it per day?  For an example, in between, I will find a new job, what are the procedures? Does it mean also, I am not allowed to travel unless I will have a new residency visa?
Of course you need valid residency visa to work. As you mention, your residency expired nine months ago and you do not have new one which means that you over stay in the country and you need to pay fines for nine months. 
I would like to clarify a query for sponsoring house maid. I am working in a company in Abu Dhabi and my family is with me. Our visas are from emirate of Abu Dhabi. I am planning to change company and my new visa will be from Dubai. Now, I have plans to bring a house maid under my sponsorship. My question is that, if my visa from Abu Dhabi is cancelled, what will be the status of my maid’s visa. Whether it will be cancelled automatically? Whether I have to apply for new visa for the maid once I get Dubai Visa? Kindly, clarify this question.
You have to cancel your housemaid visa and obtain new one from Dubai on your sponsorship.
I have a query. Is there a penalty for new born baby if the visa is not yet applied since the 120days allowance if over due to delay in releasing of passport?
Yes, you need to apply for residency visa for the new born baby however you can bring letter from your Consulate stating that the delay is due to the delay in issuing the passport for the baby.
My wife has a resident Visa in UAE expiring on March 2013. She is going back to her home country because of some emergency issues. She might live there for more than 6 months and as per the immigration rules the resident cannot live any longer for more than 6 months. How will she be able to come back to UAE if the time outside UAE lapses more than 6 months for her? Will I be requiring applying for another Spouse Visa for her? Is there any restriction as per the Law that if a person lives outside UAE for than 6 months he/she cannot come back to UAE for certain amount of time or at all?
According to the Federal Residency Law the residence permit granted to a foreigner shall be deemed as cancelled if the period of his/her stay outside the UAE exceeds six months.
I have a question I will appreciate if you can answer me. I am on Abu Dhabi employment visa and I have sponsored my wife with that visa. also we are living in Dubai my wife has found a job in Dubai and when the company has applied to issue a labour card for her, labour rejected to issue the labor card for her because she was on Abu Dhabi visa and they are saying that because she is on Abu Dhabi visa she cannot work in Dubai with that visa
My question is when a visa is issued it is accepted in the whole UAE, it should not be like this!
You can inquire with ministry of labour about that as they are the concerned authority who issue labour cards.
I am planning to get my mother here on a residence visa, but am not sure if my salary can compensate it. My salary is Dh 7,500 is this ok that I can sponsor my mother? How much will be the salary bracket to be able to sponsor her. What are the requirements needed if I will get her here?
To sponsor family members your salary should be Dh 10,000 and you should be of job category who can sponsor family members and you need to pay deposit Dh 5,000 and the visa will be valid for one year only and it can be renewed.
I recently heard of someone who had a couple of court cases registered against him by local banks for returned cheques, for sums below Dh 15,000, and who wanted to renew the residence visas of his two small daughters and wife. The application for renewal was rejected. He has been in the country for nearly 20 years, his children have grown up here and he was shattered at the rejection especially as he is in constant touch with the banks for negotiation and has absolutely no intention of doing a bunk like some others. As it is he is facing financial stress and so the question of relocating his family on a forced basis to a country that he is no longer in touch with is adding tremendous pressure on his mental equilibrium. Is it true that Immigration is working alongside the police and rejecting visa applications of cheque defaulters?
You need to contact police and the bank for this issue to drop the case or to sort out the issue then you can renew the residency visa
My father with his whole family had being in the UAE from the past 30 years, but unfortunately he was being ask by the immigration department to leave the country without any justification/reason. He was only given 7 days to leave the country. I understand that it is the country right to ask any person to leave the country because of security reason but this should be for a limited period of time. My father is being black listed and god knows when he will be allowed to enter the country again so that we can stay together as a family.
You can check with residency department to give more time for your father.
My wife is working in a hospital at Abu Dhabi. But they were holding passport. She is under their sponsorship. So what I need to do? If I will complaint? Is there any problem? They will cancel her. Actually we need our passport for 1 Month. Now they are not providing us. So what I need to do?
You can ask the company to give the passport back
I’m from Pakistan and currently a resident of Qatar employed with a Real Estate Company as a Real Estate Valuer (Appraiser). I had been working in Dubai born in Sharjah. I would like to know can I get a visit visa on arrival at the airport or at the border.
You can get visa upon arrival if you are legal residents in Qatar and it depend on your profession mentioned in your passport for example manger, engineer and so on.
I am an employee in Abu Dhabi emirates to bring my mom and dad, Who are aged people (above 58) in India my home country they doesn’t have any supporters there I am the only son who need to take care. So, please let me know what procedures to take residence visa for them are.
You can bring them but that depends on your salary which should be Dh 10,000 and above and your profession included with the category that can sponsor family members.
I want to sponsor my mother-in-law who does not have anyone to support her except us. Her husband is alive but he does not look after her.
As per current UAE laws, one needs to sponsor both the parents.
Please let me know the documents I can produce in the immigration to prove that her husband is not supporting her.
You need to sponsor them both or to prove that they are separated or one of the passed away.
I am working here in the UAE since one and a half years, I am from Pakistan and there my parents are dependent on me. I send them money every month, but money is not everything. They need care as they are old and as per Quran it is the responsibility of children to take care of their parents when they get old. I feel very bad everyday that I am unable to take care of my parents.
I want to ask you how I can bring my parents to the UAE. They have no one over there and their lives are not stable as well. Please guide me in this regard and oblige.
Yes you can but you need to compile with salary requirements and profession requirements.
Due to some baby health problem I send back my wife and son to India. My son is 1 year 3 months now.  But their exit date already crosses more than six months. So now my wife and son visa will be cancelled?  Or still it is chance to come back to Dubai on same visa? Kindly guide me for this problem.
According to the Federal Residency Law the residence permit granted to a foreigner shall be deemed as cancelled if the period of his/her stay outside the UAE exceeds six months.
I am working as a teacher in a school in Dubai. I joined this school in September 2009 on a visa sent by my sponsor but I got the residential visa in October, 2009. Now I want to change my job in July as the school year is ending, can I change my job in July or October? However, my visa will expire in 2012 (which was a three year visa). Will I be fined for anything if I change my job?
You can change job in October but if you need to change in July you need NOC from your old sponsor. 
What minimum requirements I need to sponsor my parents on a residence visa, I heard it’s different to applying for wife/children.
For both parents is one-year visa which can be renewed and you need to pay deposit of Dh 5,000.  
I have been working in a company in Dubai since October 1, 2005 with a Basic Salary of Dh 5000 and total salary of Dh 8000/-. But I got my visa stamped on 12 January 2006, I have completed the terms of the first limited contract which ended on 11 January 2009. Renewed the contract for another 3 years which expires on 12 January 2012. I also had my Basic Salary changed in this contract to AED 10,000/-, with a transport allowance of AED 2500/- and other allowance of AED 5000/-. The company provides me with a 1 bed room accommodation apart from all the above, which is not mentioned in the contract.
1. If I resign from the company now (12/05/2011), Will I need an NOC to change job? How much gratuity (amount in Dh) will I can I claim for as per UAE labour law? Will I have to pay any sort of compensation to the company? The company has this way of paying less gratuity by charging the employee for painting the house they have been staying in (as company provides accommodation) or asking for some or the other charges towards maintaining the flat which the employee has been using (where as they wouldn’t pay anything to the apartment owner or real estate company) even if the real estate company wouldn’t ask for any such charges. So is this legal, if yes how much can they deduct?  Is there anyway that I can make sure the flat is handed over in a good condition (I won’t be able to get any sign off from any employee of the company as they are not authorized to do so)?
How long can the employer delay in cancelling the visa and handing over the passport to the employee (it has been noticed that there have been employees waiting for more than 2-3 months to get their passports, this is because the employee hasn’t paid the employer whatever money they had asked for)?
If I don’t wish to renew my contract after the expiry date (12/01/2011)
When will I have to submit the resignation letter or a letter mentioning that I wouldn’t want to renew the contract? How much gratuity (amount in AED) can I claim for as per UAE labour law? Will the company be able to deduct any amount towards the flat maintenance in such case? Will the employee have to pay any amount to the employer? Your response in detail would be of great help.
Ministry of Labour is the concerned authority who can answer all your questions but we can tell you that the company must cancel the visa immediately of the employee and cannot hold the passport for 2 to three months to cancel the visa after resignation
We are trying to get a maid on our visa she is a Sir Lankan and is currently working in a cleaning company. She is very much interested to work as a full time maid and wants to resign from her company. My questions are as below:
If she resigns from her company and the company puts a ban on her will we are able to bring/sponsor her on our visa. We are an Indian family will there be any issues if we apply for a Sir Lankan maid. What will be the requirements to apply for visa?
You can apply for visa for her after she complete the ban imposed by her old sponsor. You can sponsor sir Lankan even if you are Indian. For visa requirements you can visit our website mentioned below.
We are expecting child birth by next month; appreciate if they provide the complete Procedure for getting birth certificate and residency visa.
Birth certificate can be obtained from the hospital where the baby is born. You can visit the residency department to apply for residency visa for the baby after obtaining passport for the baby.
I am working in a company as a software engineer from last 1 year. If I find any good opportunity so can I switch job? Or If I switched I have to face ban?
You can inquire with Ministry of Labour about that issue.
I want to resign from my current company and want to change my sponsorship from company visa to husband visa as I am going to complete my 1 year in 15th June 2011 by labour law in unlimited contract ,I am an MBA degree holder but it is not based on that as now I am holding archive clerk visa, I had not received my salary for more than 2 months so my company told me because of delayed salary you can cancel your visa we will give you NOC but we will keep your 1 month salary because of NOC. Do I need NOC after 1 year in unlimited contract?
Can I change my sponsorship from company visa to husband visa after 1 year without NOC in unlimited contract?
Which date does matter to complete 1 year of contract, the joining date or labour contract date as my joining date is 15th may 2010 and by labour contract it is 15th June 2011? 
You can inquire with Ministry of Labour about that issue.
I am Chinese; working in a construction company as PRO, and also do some social work for Chinese website regards the visa issue, employment issue.  As you know, it is the common disease in china; nearly 10% of Chinese population is HB virus carrier, means HB positive. From the news which published on August 20, 2010, it is said that besides the 6 catalogue, there is no more requirement for HB test in other occupation. But What I am confused now is it true that it is working on both new visa and renew? Why did the immigration officer reply me that: we are not sure, but the person should be fitness? What dose it mean of fitness? Is it meaning that: it depends on the medical centre? They have right to let them pass or let them down? Could those who are HB positive come to UAE for working? Medical center will check HB or not? Only new visa or both new and renew? 
The residents’ visa will be issued or renewed depending on the medical report if it stated that the person is fit then the residents’ visa will be issued.
I came to the UAE in September 2007 to work on a contract for a UK company, which is part group of companies that have work and offices in the UAE and other parts of the world, I worked on a visit visa for approximately 3 months, I worked for the UK side of the company until February 2009 when I finished with UK and then signed a contract to work for the same group of companies UAE. Am I entitled to be paid gratuity from the date I first worked in the UAE with the UK company which was paying me from the UK, since finishing with UK in February, I have been paid by the UAE side.
You can inquire with Ministry of Labour
I am an Indian civil engineer in profession working in a construction company and my salary is Dh 14000, i am married with one daughter. I am the only son of my mother she is dependant on me my father expired, I went many times to Abu Dhabi immigration for getting residence visa for my mother but every time the official staff replied me that they stopped issuing residence visas for parents, I am arranging visit visa every three months for my mother, this is her third visit here, my expenditure is doubled in this and very hectic for my mother to travel every three months, please do the needful.
You can inquire with Abu Dhabi Residency Department.