Questions & Answers
Can my employer force me to leave the UAE after I resigned and requested visa cancellation?
My employer didn’t provide me with a visa, and I overstayed for four months. I gave him a resignation letter, and he said he would only cancel my visa if he sent me back to my country. I don’t want to go back, so I filed a complaint against him.
The Labour Office called both of us to discuss the complaint and gave me two options: either to continue working with the company or to request cancellation.
I chose cancellation, and they told me to give the cancellation request to my manager and work for a one-month notice period, which I did. Do you have any advice for me?
From what you explained, your matter involves both labour and immigration issues, so it needs to be handled carefully.
Since you already filed a complaint and the Ministry of Human Resources and Emiratisation (MOHRE) gave you the option of cancellation, you have chosen the correct step to protect yourself. Here are some important points for you:
Visa Responsibility – It is the employer’s legal duty to provide and maintain your residency visa if you are working for them. If they failed to issue or renew your visa and you overstayed, you should not be penalised. This becomes part of your case.
Notice Period – Normally, if you are resigning, you are expected to serve the notice period mentioned in your contract. However, since the company already violated the law by not providing you a valid visa, you can argue that you should not be forced to continue working under illegal status.
Labour Complaint – If you want to leave the company, you should clearly request MOHRE for cancellation without forcing you to work further. MOHRE can assist in ensuring your visa is cancelled properly and you are not blacklisted or fined.
Next Step – If you wish to remain in the UAE, you can search for a new employer once your cancellation is done, and apply for a new visa. Make sure your overstay fines are waived or settled under MOHRE’s intervention, since the company’s failure to provide a visa is the cause.
My advice: Do not sign any cancellation papers directly with the company unless MOHRE is supervising. Insist on doing the cancellation through MOHRE so that your rights are protected and you are not forced to leave the UAE against your will.
You are in a complex situation that requires careful action. You must immediately contact the Ministry of Human Resources and Emiratisation (MoHRE) for assistance in your case.
Provide them with full details of your complaint and the offer they made to you. Confirm that you wish to cancel, not continue your employment. Provide them with all the documents required to terminate your contract and residency.
Hello,
In the UAE, once you have resigned and requested visa cancellation through the labour authorities, the employer can require you to serve the notice period or pay in lieu if you do not. The labour department is offering you to either continue working or proceed with cancellation is standard.
You should not be forced to work beyond contract terms or face unjust penalties. Your final settlement and end-of-service benefits are protected by law.
If you choose cancellation, your visa will be cancelled, and you must leave the country within the grace period (usually 30 days) unless you get a new visa or sponsor before cancellation.
Keep all communications documented and continue cooperating with labour authorities. Legal assistance can help protect your rights and ensure a fair settlement.
Please let me know if you want my assistance or further guidance.
Be advised, since you have overstayed your visa for four months, it’s important to handle this legally.
You chose visa cancellation, and your employer is asking for a one-month notice, which is generally required under UAE law unless waived.
You should serve the notice while keeping all the complaint and resignation records. Do not stay in the UAE without a valid visa, as overstay fines and travel bans can apply.
For more guidance or assistance, please share your WhatsApp number so we can guide you step by step.