أسئلة وأجوبة
Can a MOHRE non-payment certificate help transfer my UAE visa before a court case is filed?
Hello,
Is the following correct regarding transferring the UAE visa?
The non-payment certificate issued by MOHRE can allow you to transfer your visa in the UAE, even if your case has not yet been registered in court. Here’s how it works:
Non-Payment Certificate from MOHRE:
- What It Is: The non-payment certificate from MOHRE confirms that your employer has failed to pay your wages or commissions, which is considered a violation of labor laws.
- Importance: This certificate serves as proof that your employer is not fulfilling their obligations and supports your case for a visa transfer to a new employer.
- MOHRE’s Role: MOHRE issues this certificate based on its mediation process with your employer. If your employer is uncooperative, refuses to pay, or fails to respond to MOHRE’s attempts to resolve the issue, MOHRE will issue the certificate.
Dear questioner,
Yes, an employee who has not received their dues can obtain a non-payment certificate from MOHRE, confirming that the employer has failed to pay wages, which is a violation of labor law.
This certificate supports the request to transfer the visa to a new employer without the current sponsor’s approval.
MOHRE issues the certificate after attempting mediation with the employer, and if they do not respond, it can be used legally to claim dues or facilitate visa transfer. It is advisable to contact MOHRE.
For further legal assistance, feel free to contact me.
Mohamed Salah Shoeib
Legal Consultant
Dear Sir/Madam,
Thank you for your inquiry regarding the non-payment certificate issued by the Ministry of Human Resources and Emiratisation (MOHRE) and its implications for visa transfer in the UAE.
I am pleased to confirm that your understanding is correct.
The non-payment certificate issued by MOHRE is indeed a valid document that can facilitate the transfer of your employment visa, even in cases where a court case has not been initiated.
This certificate serves as official recognition of your employer's failure to meet their financial obligations towards you, which constitutes a violation of UAE labor laws.
Key points to note:
1. The certificate is issued following MOHRE's mediation attempts with your employer.
2. It provides legal grounds for you to seek alternative employment without requiring your current employer's consent.
3. This process aligns with the provisions of Federal Decree-Law No. 33 of 2021 on labor relations.
To proceed with a visa transfer based on this certificate, you would typically need to:
- Apply for a new work permit through MOHRE's official channels.
- Provide all necessary documentation, including the non-payment certificate.
- Ensure compliance with MOHRE's stipulated conditions for work permit transfers.
Should you require any further clarification or assistance with this process, please do not hesitate to contact MOHRE directly or seek advice from a legal professional specializing in UAE labor law.
Yours sincerely,
