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Dubai, UAE

How to cancel my visa if my employer does not sign cancellation papers?

Dear Sir/Madam,

I have been working as a Civil Engineer in a Dubai-based construction company since 2003 with an unlimited contract.

Due to financial issues, the company has decided not to renew its license and is closing down, but they have the dues that have to be paid to the local sponsor and he is not signing the cancellation papers.

Please advise how I can get my visa canceled.

Kochhar & Co Inc. Legal Consultants (Dubai Branch)
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6 Nov 2017, 09:48

Dear Questioner,

You have to initiate a labour case to get your visa cancelled.

Procedure

An employee or an employer can file a case in the court for employment-related matters within a period of ONE YEAR of the claim in accordance with Article 6 of the Labour Law.

  • Step 1 - Submit a request to the Labour Department. Then the Labour Department will summon the two parties to the dispute to attend a meeting to resolve the dispute amicably.
  • Step 2 - If an amicable settlement is not reached, the said department must, within two weeks from the date of submitting a request, submit the dispute to the court concerned with a summary of the dispute, the arguments of the parties, and the observation of the department.

While the Case is Pending

Please make an application to grant you the relevant permission.

  • Step 1 - Request the court to provide you with a certificate stating that you have a labour case pending before the court.
  • Step 2 - Apply to the Ministry of Labour to grant you permission to work temporarily which will be for six months. Attach the Court certificate with the application related to the temporary work permit before the Ministry of Labour. This may grant you the temporary work permit.
  • Step 3 - Approach the Residency Department to extend the visa so that you are not fined for overstay. And then, approach the office of the General Directorate of Residency and Foreigners Affairs (the "Directorate") and present the authorization letter from the Court along with the documents pertaining to your labour dispute and the subsequent litigation issued by the Ministry of Labour to justify the overstay in the event the visa has expired.

Appeal

The Court of First Instance (minor or major circuits) is the competent court to hear labour cases and issue a judgment which can be appealed if the claimed value of the case is more than AED 20,000.

The ruling of the Court of Appeal cannot be challenged before the Court of Cassation if the value of the case is less than AED 200,000.

Kindly contact me via phone or email for further assistance.

Dr. Hassan Al Marzooqi Advocates & Legal Consultants
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6 Nov 2017, 10:11

Dear,

You need to file a complaint against the employer for the cancellation of your visa and shall also apply your EoSB (End of Service Benefits) without delay.

If you feel appropriate to discuss the matter in details, you may contact me directly via phone for 10-minute free consultation over the phone.

Regards,

Iqra

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