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Right action against the employer for visa non-renewal and overstay

Dear Sir,

Greetings!

I am working in a construction company as a Secretary/ Front Desk Receptionist.

My visa expired on the third of May 2017, and till this date, my employer has not renewed my visa.

My Emirates ID is already expired also, and my employer keeps on telling me they don't have the money now to renew my visa, but they will renew it.

As you can see, a lot of fines has been accumulated to date and its 6 months now.

Therefore, in view of above, what action should I take in order to ensure that my visa will be renewed by my employers?

Iqra Salim

Dr. Hassan Al Marzooqi Advocates & Legal Consultants

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16 Oct 2017, 08:25

Dear,

If the employer is still paying your salary and has failed to renew the visa, then you may request from your employer to pay the fines.

Kindly note that if you are terminated during this period, then the liability will shift over to you.

Regards

16 Oct 2017, 08:31

Dear Ms Iqra,

Thank you for your swift response.

I'm receiving my salary, but the issue is that if any person from the immigration department visits our office he can put me in jail (I might be wrong).

Moreover, a fine can be imposed on me as I have heard that the immigration department can severely apply a fine for the overstay as in my case. It's already 6 months now.

Please advise. What action should I take in this case?

Waiting for your prompt response.

Regards,

M. Sajid

16 Oct 2017, 13:04

Dear,

In order to get rid of the fines, you may resign and file a labour case immediately if you feel that the company will not renew your visa.

If the company cannot pay for the visa, then it appears that it will not pay for fines as well.

In addition, the company is liable to pay a penalty of AED 50,000 or above for permitting an employee to work without a visa.

Regards

17 Oct 2017, 07:47

Thank you so much for the detailed clarification Ms Iqra.