What action should we take if an ex-employee overstays and works illegally after visa cancellation?

Dear questioner,

Since the employee is now in the country illegally, your priority should be to take formal action to protect your company’s establishment card and legal standing.

Your company must pay the amount for filing the absconding case, and the overstay fines will be charged to the employee once the absconding is filed.

If you need more details, kindly share your WhatsApp number.

Thank you for reaching out!

In such a situation, since the employee’s visa grace period has already expired and she continues to stay in the UAE or work elsewhere without legal status, your company is at potential risk of penalties or suspension of your establishment card if the matter is not formally reported.

The correct procedure is to file an absconding report with the GDRFA through your DDA (Dubai Development Authority) portal or authorized PRO channel, supported by the visa cancellation and employment exit documents.

This will legally protect the company from liability and remove your responsibility for the employee’s overstay.

The cost of the absconding report and any administrative charges are borne by the employer, but any overstay fines or legal penalties after the absconding date are transferred to the employee.

I can assist your company with preparing and filing the absconding report properly, ensuring your establishment card remains clear and compliant with DDA and GDRFA records.

Please feel free to reach out to me directly on WhatsApp or phone at [------------] to discuss this further and proceed with the required steps.

The company is responsible for managing its employees' residency records and cancellation procedures.

If residency is not canceled on time due to internal administrative negligence, the company may incur fines.

However, if you prove that you sent a written notice and that the employee intentionally failed to cooperate and stayed beyond the grace period, the authorities will charge the employee with these fines, and the company may later claim compensation.

Therefore, prompt documentation and official notification protect the company.

Good day,

Regarding your situation with the employee who overstayed their visa grace period and is working illegally without converting the visa or leaving the country, it is important to file an absconding case promptly with the GDRFA or MOHRE as required.

This will ensure your company complies with legal obligations and protects you from penalties such as fines or the blocking of the establishment card.

The absconding case filing involves documenting the employee's absence for at least 7 consecutive days, submitting the required documents, and paying the related fees. The cost of filing is generally borne by the employer.

Filing the absconding report will allow authorities to take action against the employee, including visa cancellation and potential deportation.

If you need professional assistance in managing this process correctly and minimizing risks, our legal consultancy is available to support you.

Please let us know how you would like to proceed.

Best regards,

Thank you for contacting us via Legal Advice Middle East!

You have more than one route that protects your DDA establishment while shifting liability to the ex-employee. We recently handled an identical Internet City case where an ex-staff member overstayed and began working elsewhere; after we filed a timely non-compliance notification and a targeted report, the authority maintained the block off the company, and the overstay penalties were pursued against the individual only.

The smart sequence is to lodge the immigration non-compliance notice exactly as referenced on the cancellation slip, then decide whether an absconding report is warranted based on objective thresholds and your evidence of exit formalities and handover.

This preserves your compliance record and prevents an establishment-card block. If DDA has already warned of sanctions, we prepare a short memorandum with the cancellation proof, grace-period dates, and your attempts to secure departure, and we coordinate with the competent authority so that any circular or follow-up is attached to the employee’s UID rather than your trade license.

As to costs, government filing fees for notifications or reports are typically borne by the company as the reporting party, while overstay fines and any penalties for illegal work attach to the individual and any new employing entity, not to the former sponsor, provided your cancellation and reporting were on time.

For precision, share the cancellation receipt, passport, and UID details, the off-boarding record, DDA’s email, and any communication with the employee. Our multilingual team will execute the filings and close the loop so your establishment card remains active.

You must immediately file an "absconding claim" for your employer with the General Department of Financial and Administrative Affairs at the Dubai Development Authority to prevent penalties against the company and the blocking of the facility card.

This step falls on the company and requires notifying the relevant authorities to legally resolve the employee's status and avoid fines.

Contact me if you would like me to help you [-----------].