Six Month Immigration Ban to Continue in Dubai

Ministry of Interior used to put an automatic six-month ban on expatriates if they cancelled their employment / residence visas or left their jobs. The decision to lift the immigration ban that came into effect on 21 st August 2005 has brought some relief to expatriate community. It would enable the people to return to UAE on a visit visa even if they got a labour ban. The main advantage of the new decision is that people can still come back and visit their friends and relatives. But expatriates who violated the country’s Immigration and Residence Laws would still face the entry ban.
Article 6 of the Cabinet Decree No. 18 of 2005 annulled Decree No. 30 of 2001 pertaining to the entry ban. The Cabinet also authorized the Ministry of Labour and Social Affairs to put together necessary regulations to implement the decision on the ban.
Subsequently, iris scanning has also been stopped. Besides, the names of expatriates with cancelled visas will no longer be on the administrative lists nor will their passports be stamped with the ban. The ban to enter the UAE will only be applicable on expatriates who violate laws governing the entry and residence of foreigners. Such violators would face the entry ban administratively for a multitude of reasons and in line with existing laws and regulations.
Domestic help have been excluded ‘temporarily’ from the new decision and their case will undergo further scrutiny by the authorities.
But, the Ministry of Labour and Social Affairs will not issue a new work permit to workers whose visas have been cancelled unless at least six months elapse after the cancellation date of the worker’s labour card. The decision came in Article No. 11 of a Ministerial Order Decision No. 826 issued on 11.9.2005 by the UAE Minister of Labour and Social Affairs.
The six-month waiting period does not apply to government departments or free zones

Lifting Labour Ban In Dubai - is it possible

The Ministry of Labour has amended the labourers' Visa Transfer Law, which, I believe, are in favour of both - the labourers and the labour market. The ministry has ceased the previous condition that obligates the labourer to complete one year continuous service for his/her employer before being permitted to transfer his/her visa to another employer.

According to the new rule, the Ministry of Labour no longer requires such a condition. So, any labourer who has not completed a year's service for his/her employer may transfer to another employer after obtaining a No Objection Certificate (NOC) from the employer to transfer the visa to another employer, provided that the newly imposed fees should be settled. Such fees are called "the one year non-completion fees" which is calculated at the rate of Dh500 per month. For instance, if the employee continues a period of two months service only then he/she would be obliged to pay a fee of Dh5,000 for 10 months.

Now any labourer, who completes a period of three years service and who could not obtain an NOC, can resign and can approach the Ministry of Labour and the ministry - as per his demand - will cancel the visa and apply a six-month ban. With the new rules and upon completion of three years' service, this ban can be lifted and the employee can transfer to another employer without the need to obtain such NOC from the previous employer, provided that the newly imposed fees should be settled in addition to the visa transfer fees. Such new fees are called 'ban lifting fees'. Worth saying is that this new law is not applicable in Abu Dhabi but might be in the future. Therefore, the reader as per the new law will not have any problem as long as the company has promised to grant him a n NOC to transfer his visa.

Employee Banned In UAE

If an employee has been deemed an absconder, is the lifetime ban in effect to the whole of UAE or all the GCC countries?

The lifetime ban which may be imposed on the employee, is applied only in UAE, and is not applied in all GCC countries.

Sponsor’s nod not needed on visa transfer in six conditions in UAE

The sponsorship transfer will be granted without the need to get the first sponsor’s approval in six conditions. The ministerial order which came into effect from 10 th September 2005 in implementation of Article No. 5 of the Cabinet Decision No.18 of 2005 has specified six conditions when the Ministry will grant sponsorship transfer without the need for the sponsor’s approval :
· For unpaid workers in the private sector, the Ministry of Labour and Social Affairs will grant sponsorship transfer to them if their complaints of pending wages for three months or more are upheld after a joint investigation by the Labour Relations and Inspection Departments of the Ministry.
· If the worker filed a complaint to the Ministry which was later transferred to the Court, the Ministry will grant the worker a sponsorship transfer based on a relevant judicial order.
· Sponsorship transfer will also be granted by the Ministry in case of the closure of the company following the death of its owner. The closure should be documented before the Ministry.
· Sponsorship transfer will be granted by the Ministry should the ownership of the company be transferred to another establishment. This means that the worker of a sold company will be transferred by the Ministry without the approval of the seller, under the name given by the buying company. This is also applicable in case of mergers between companies. The ownership transfer of the company should be proved in documents before the Ministry. If part of the company was sold to another company, workers of the sold part of the company can be granted exemption for sponsorship transfer.
· The closure of the company against an administrative or judicial decision gives the Ministry the right to grant sponsorship transfer to the workers.
The Minister will endorse sponsorship transfer for cases that are recommended and submitted to him by the concerned departments of the Ministry.
The other conditions referred above in the first paragraph on this chapter should also be fulfilled.

Work permit and residence visa cancellation Dubai UAE

Normally your employer will arrange cancellation of your residence visa and work permit when the time comes to leave the UAE, or when changing jobs. The procedure will usually involve closing bank accounts, returning credit cards, cancelling telephone subscriptions, electricity and water accounts, moving out of company provided accommodation, and anything else for which the employers sponsorship was required. If you are remaining in the UAE, you will have to negotiate some way of retaining bank accounts, telephone lines etc, with your employer.

It's worth considering carefully your departure procedure before you hand in your resignation notice, because once you do tell your company, certain events may be set in motion which can cause complications for you, especially if you have a less than harmonious relationship with your employer. These are some items to deal with:

• Money in the bank - will you still have access?
  
• Outstanding loans - do they need to be paid off and when?
  
• Credit cards - will they be cancelled, and when do they have to be fully paid off?
  
• Final salary and bonus / gratuity - how will it be paid and when?
  
• Accommodation (if company provided) - when do you have to move out or can you stay if you want to, and how are the lease terms affected (rent may go up, there may be a transfer cost to change name)?
  
• Telephone, internet, water, & electricity connections - if you want to retain them, how, or when are they cancelled?
  
• Shipping goods to another country if you are leaving
  
• School fees if paid by company
  
• Residence or employment ban - will you be subject to either or both?
  
• Changing jobs - will you transfer sponsorship, or will you leave country and return and make a new application?
  

Doing a runner - no we're not advocating this method, or telling you how to do this, just saying that you should consider the implications carefully if you choose this option - it's likely you'll be banned from re-entering the UAE forever, or for a long time at least. You'll of course lose any gratuity and final salary the company might owe you.

Telephone lines

Employers may not have a problem with you keeping your telephone line, but if they do, a possible alternative is to transfer the number to a friend who has a residence visa in the UAE, or visit Etisalat and leave a hefty deposit as a temporary solution while changing sponsorship (note that it is unknown if this method is an officially sanctioned option, or just luck of the draw depending on who you talk to at Etisalat). Note that prepaid subscriptions (Al Wasel with Etisalat) should not need to be cancelled anyway, and some people get a second line as a back up in case their main mobile phone account is cancelled.

Bank accounts

Bank accounts are a different story, it would be unusual for an employer to allow you to keep an account open once you're off their sponosrship. As soon as you inform your employer that you will be leaving, it is common for them to notify your bank of your departure, and it is possible that your account gets frozen. Therefore you may want to withdraw any cash before you let your employer know of your departure, unless you're fairly certain that access to your account won't be prevented.

You could also consider opening another account at another bank before you inform your employer of your departure. A company may only be interested in the bank account where your salary is deposited.

Accommodation

If you are in company provided accommodation, then you are supposed to be allowed to stay there for up to 30 days (not 1 month) after cancelling your work permit but check your contract carefully.

Visa cancellation grace period

Once your residence visa is cancelled, you also have up to 30 days (not 1 month) to exit the country, otherwise you will be considered an overstayer and will have to pay fines of 100 dhs per day plus an initial 100 dh charge.

Cancellation request denied

According to a report in the Khaleej Times 28 May 2008, the employer must not refuse a worker's request to cancel their visa, in response to a complaint from a secretary in Abu Dhabi that her employer would not cancel her visa. "The worker should abide by the law informing the employer before the notice month that he/she will resign. The sponsors have no right to detain the workers like this," said Obaid Rashid Al Zahmi, the Executive Director of the Inspection Section at the Ministry of Labour (MoL) in Abu Dhabi. If a company will not cancel a visa, the employee should file a complaint at the Disputes Department at the MoL.

Negotiation

As with many rules and procedures in Dubai, you may find a degree of flexibility in how company policies are applied - a good reason to stay on the right side of your PRO and other administrative staff at your company.