أسئلة وأجوبة
How can I request the court to cancel my current work visa so I can obtain a new one?
Hello,
When I file my labor court case, what is the process for asking the court to cancel my current work visa so I can obtain a new one?
Greetings,
If you file a labor court case, you can request the court to cancel your current work visa to obtain a new one.
This is typically done by submitting a petition to the court, explaining your situation and the need for visa cancellation.
The court may issue an order to the relevant authorities if justified.
The process varies based on case details, so we recommend booking a consultation with us for tailored legal guidance or representation.
Let us know how we can assist you!
Hello,
In your filing, you can request that the court order the cancellation of your current work visa if you are seeking to change employers. You should make this request clearly in your legal claim or during the hearing.
If your dispute involves a situation where your employer refuses to cancel your visa (such as in cases of unfair termination), you can request the court to intervene.
The court might issue a ruling ordering the employer to cancel the visa as part of the proceedings.
Generally, the employer is responsible for canceling the employee's visa. However, in labor disputes, particularly when the employer is uncooperative, MOHRE can facilitate the cancellation process.
When filing your labor case, clearly state your request for visa cancellation in the complaint itself.
MOHRE may intervene to facilitate the visa cancellation, especially if the employer is proven to be in violation of labor laws.
The labor court's ruling may include directives related to your employment status, which can indirectly affect the visa cancellation process.
If you need further clarification, you may ask us.
Dear Client,
Thank you for reaching out with your inquiry regarding the process of requesting visa cancellation while filing a labor court case.
Please find below a detailed explanation of the steps involved:
1. Filing a Labor Case and Requesting Visa Cancellation:
When filing a labor case, you can request the court to assist with canceling your current work visa so that you may obtain a new one. The process typically involves:
a. Filing Your Complaint with MOHRE:
Submit your labor complaint to the Ministry of Human Resources and Emiratisation (MOHRE). They will attempt to resolve the dispute amicably within 14 working days.
b. Referral to Labor Court:
If mediation fails, MOHRE will refer your case to the labor court for further proceedings.
c. Requesting Visa Cancellation:
During the court proceedings, you or your legal representative can formally request the court to include visa cancellation in its ruling, especially if your employer is uncooperative in initiating the cancellation process.
d. Court Ruling and Work Permit Cancellation:
Once the court issues a final judgment, you can apply to cancel your work permit through MOHRE within 14 days of the judgment.
e. Visa Cancellation by Immigration Authorities:
After work permit cancellation, the visa cancellation request must be submitted to the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP). This step is typically initiated by your employer or as per the court’s ruling.
2. Grace Period After Visa Cancellation:
Once your visa is canceled, you will typically be granted a grace period (usually 30-60 days) to:
- Find new employment and transfer sponsorship to a new employer.
- Change your residency status.
- Exit the country if no alternative arrangements are made.
3. Addressing Employer Non-Cooperation:
If your employer refuses to cooperate in canceling your visa, this issue can be raised during court proceedings. The court has the authority to order visa cancellation as part of its final ruling.
4. Legal Considerations:
- Prohibition on Working Elsewhere During Dispute:
During the dispute resolution process, you are not permitted to work for another employer unless explicitly authorized by MOHRE.
- Legal Representation:
It is advisable to engage a legal professional specializing in UAE labor law to ensure that your rights are fully protected and that all necessary requests, including visa cancellation, are properly submitted.
5. Next Steps:
a. File your labor complaint with MOHRE and raise the issue of visa cancellation as part of your case.
b. Ensure that all necessary documentation is prepared for submission during court proceedings.
c. If required, consult with a legal professional for assistance in navigating this process smoothly.
Should you need further clarification or assistance, please do not hesitate to contact us.
Best regards,
Dear questioner,
You can request the cancellation of your work visa when filing a labor case by submitting an official request to the court with legal justifications. For further assistance, please contact us.
Mohamed Salah Shoeib
Legal Consultant
When you file a labor court case in Dubai, your current work visa remains valid unless your employer cancels it or the court issues a specific order for cancellation.
If you need your visa canceled to obtain a new work visa, you can request the court to issue a letter to the relevant authorities (such as MOHRE or GDRFA) asking for the visa cancellation.
The process involves submitting an application to the court, explaining the necessity of cancellation for your new employment.
Depending on the circumstances, the court may approve the request, especially if your employer is uncooperative.
To assess your case properly and guide you toward the right approach, I recommend discussing this matter in detail.
You can reach out to me via WhatsApp or phone to take the next steps.
Best regards,
Suhail Rana
