أسئلة وأجوبة
Can I request a residency NOC with an expired visa while awaiting my salary from the court?
Dear Lawyers,
The judgment of my labor case is in my favor. I had some pending salary from my employer, which they eventually paid to the court.
I’ve been waiting for my payment from the court. However, my residency expired one month ago. Can I request a residency NOC now?
Also, if I have an offer letter, would I need to pay for my overstay?
Dear Questioner,
Congratulations on securing a favorable judgment in your labor case. I understand your concerns regarding the pending salary, expired residency, and potential overstay fines.
Here's how you can proceed:
1. Collecting Your Pending Salary:
Since your employer has deposited the remaining salary with the court, you can initiate the process to receive these funds.
This involves filing a request for execution of the judgment with the relevant court. The court will then facilitate the transfer of the funds to you.
It's advisable to consult with a legal professional to ensure all procedures are correctly followed.
2. Addressing Your Expired Residency:
With your residency visa having expired a month ago, it's important to act promptly to avoid further complications.
The UAE authorities have standardized overstay fines at AED 50 per day for residence visa holders. Therefore, you may be liable for these fines from the date your visa expired.
3. Securing a New Job Offer:
If you have received a new job offer, your prospective employer can assist in regularizing your status. They can apply for a new work permit and residency visa on your behalf.
Once the new visa is issued, it may help in mitigating or resolving overstay fines. However, any fines accrued up to the issuance date of the new visa are typically the responsibility of the individual.
4. Requesting a Residency NOC:
Obtaining a No Objection Certificate (NOC) from your previous employer can facilitate the processing of your new employment visa. Given that your employer has complied with the court's judgment, they may be willing to provide an NOC. It's advisable to communicate with them directly to request this document.
5. Next Steps:
- Consult with a Legal Professional: To navigate these processes effectively and ensure compliance with UAE laws, consider seeking legal advice.
- Communicate with Your Prospective Employer: Discuss the steps they can take to expedite your new visa and assist with any overstay issues.
- Monitor Overstay Fines: Keep track of any fines incurred and address them promptly to avoid escalation.
Dear Questioner,
Since your labor case judgment was ruled in your favor, and the employer has deposited the remaining balance of your salary with the court, you can indeed take steps to receive your payment.
The court's involvement in your labor case may have a role in this process. If the employer is obligated to clear the payment through the court, it's possible that the authorities will factor this into their decisions when processing your immigration matters.
It's worth checking with the GDRFA As for your expired residency status. You can request a No Objection Certificate (NOC) from the UAE authorities under certain conditions.
If your residency has expired and you are waiting for your salary from the court, you may need to address the overstay fines before being granted any new residency status, including requesting an NOC.
For further assistance, kindly share your WhatsApp number.
Dear Questioner,
Yes, you can request a No Objection Certificate (NOC) from your previous employer, even with an expired residency visa.
The NOC is a document that allows you to transfer your visa to a new employer or cancel it. The court order in your favor should be sufficient proof of your employment termination.
If you have an offer letter from a new employer and plan to transfer your visa, you generally won't have to pay an overstay fine.
The new employer will typically handle the visa transfer process, including any necessary fines.
If you need further clarification, you may ask us.
Greetings,
You can obtain a certificate from your labor case stating that it is still in the implementation phase and submit it to the competent authorities to extend your residency and remove any violations against you.
We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.
Dear Inquirer,
We are pleased to serve you and address your inquiries!
Contact the Ministry of Human Resources and Emiratisation for no objection and the new employer can arrange the residency.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah at [--------].
Jasim Al Haddad Advocates & Legal Consultants
Dear questioner,
You can check with MOHRE for the NOC, but there may not be an NOC by this name. However, you might obtain an NOC from the court for the case.
If you can secure an offer letter, there is a chance to reduce the overstay fines. If there is a delay, it’s better to get a visit visa to avoid additional fines.
