Q: My contract is a limited contract. Due to non-cancellation, I have submitted a labor case… A: Tell the free zone to issue the letter for the court immediately. Once the case is in the court, look for another job and when you have a job offer, request the court to grant a temporary work permit…

All cities, UAE

621

Cancellation of a work visa while the company files a counter case

Hello,

I have a query regarding the non-cancellation of my visa.

My contract is a limited contract (three years in a free zone). I resigned after completing 2.6 years. Due to non-cancellation, I have submitted a labor case.

Also, I have requested Al Adeeb Center for a NOC in order to cancel my visa. I have submitted the NOC to the free zone authority two weeks ago for cancellation but they contacted my previous employer and have advised that they are going to put a counter case.

After two weeks now, the free zone authority informed me that the company submitted the counter case.

1. Is it possible to really put a counter case like a breach of contract here in my scenario? (as my company asked me to pay 27,000 AED for visa cancellation which I refused and that is the reason for opening a labor case)

2. I need to join a new company to survive in this country with family if the free zone authority is not supporting. Working with my previous company is not possible.

What is the best scenario for my visa cancellation?

Nikhat Sardar Khan

Kochhar & Co Inc. Legal Consultants (Dubai Branch)

Chat

Hire

Meet

25 Feb 2020, 12:26

Tell the free zone to issue the letter for the court immediately and take that letter to file the case in the court. Once the case is in the court, look for another job and when you have a job offer, request the court to grant a temporary work permit.

25 Feb 2020, 12:31

I have already filed a case and got the first hearing which was in 19th, this month, but the court asked me only for my resignation letter copy.

When I informed them that I have a request (the request was to tell to cancel my visa), they asked me to check the status at Al Adeeb center and I saw the case is postponed after 10 days which is March 1st.

I also have an offer letter, but I can't join there due to the non-cancellation of visa. Moreover, Tasheel rejected to issue a work permit since my current visa is for a free zone.

They informed me that I have to cancel my visa in this scenario

25 Feb 2020, 13:29

If you have a limited contract, you must complete the term and just before the term is about to expire, serve the notice that you are resigning and do not wish to renew.

Then your company cannot renew the visa. Did you comply with this requirement?

If you end a limited contract without notice period and fail to complete the term, then you are liable to compensate the employer with 45 day's salary.

25 Feb 2020, 13:33

I have already finished my notice period of one month, and also informed the company that I will pay 45 days salary (basic), but they have illegally asked 27,000 AED for visa cancellation; that's why I went legally and filed a labour case.

25 Feb 2020, 14:49

Good!

You did right.

25 Feb 2020, 14:54

The issue here is how can I join a new company?

I submitted the court a NOC 3 weeks ago in the free zone authority, but it is not yet canceled.

25 Feb 2020, 14:57

You can apply for a temporary work permit for the new job. Once the case is before the court, they do not cancel the visa unless the judgment is issued.

25 Feb 2020, 14:58

I tried at Tasheel to get a work permit but they informed me that I need to cancel my visa itself since it's free zone only.

Was this content helpful?

Fixed-fee services

2 • View all