Questions & Answers

Ask a lawyer
All cities, UAE

Right of the employer to hold visa cancellation against advance payments

My contract was terminated during the probation period.

When I started, my employer gave me an advance payment of 1 year worth of house allowance, which they are now claiming back.

The amount is big and I am unable to pay at the moment, but they are refusing to cancel my visa and let me work for someone else.

My question is:

Is it legal for an employer to refuse to cancel my visa if I don't pay the full amount of what I owe them?

Thanks in advance for your help

Maha Bin Hendi Law Firm
Chat
Hire
Meet
24 Dec 2019, 12:15

Hello.

The amounts paid as advanced payment may be claimed by the company.

24 Dec 2019, 12:18

Thank you for the quick reply.

I do understand it may be claimed, and I am not contesting that, and I am willing to pay it back.

But are they legally allowed to refuse the cancellation of my visa?

24 Dec 2019, 12:24

Advances expected to be deducted from the employee's remuneration.

If you terminate your employment with the company, how would the company be sure they can recover the money.

However, it also depends on your agreement with the Company and the advances repayment plan.

It is possible to find an amicable solution in this case. But legally the company may ask to pay back the amounts.

However, if you are not working and not receiving salary anymore that would help you to pay, it will have no sense to keep the visa.

A solution must be found for both, you and the company.

24 Dec 2019, 12:27

Many thanks for your answer.

HPL Yamalova & Plewka DMCC
Chat
Hire
Meet
24 Dec 2019, 12:50

Generally, the relevant UAE laws require the employer to cancel the residency upon the termination of an employment relationship.

My legal podcast, LAWGICAL WITH LYLAW, maybe a good starting point for you. In LAWGICAL WITH LYLAW, I cover a variety of legal topics related to the UAE.

If you require further tailored substantive legal advice, contact my firm via email for options on moving forward.

24 Dec 2019, 12:54

Many thanks for your answer Ludmila, it was very helpful.

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer