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Delaying work permit issuance and the responsibility for overstay fines

I have resigned from “A” after receipt of a job offer from “B”. Then, I kept my family visa on hold and asked "A" to cancel my visa almost 1 week before my last working day.

I submitted my visa cancellation paper along with a singed MOI contract to “B”. Now "B" is not responding well and asks me to stay with “A” because of the present COVID 19 lockdown situation.

After wasting lots of time, B confirmed that they have applied for a work permit, however, I haven’t received any official confirmation from B's HR.

I have checked online on MOHRE website and it shows pre-approval for a work permit. If "B" will not be responding, should I need to worry about my job and visa status?

In case "B" will not be responding, do I need to leave the UAE before my visa expiry date. i.e 30 days after visa cancellation?

If I stay in the country and join "B" someday, who must pay the overstay fine; B or I? If "B" did not recruit me, then do I have the right to take legal action and ask for compensation towards damage?

Kochhar & Co Inc. Legal Consultants (Dubai Branch)
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29 Mar 2020, 08:48

I do sympathize with your situation but chasing B will only put off a would-be employer.

Q: If "B" will not be responding, should I need to worry about my job and visa status?

A: You can check it yourself and need not worry unless they let you know they changed their mind.

Q: In case "B" will not be responding, do I need to leave the UAE before my visa expiry date. i.e 30 days after visa cancellation?

A: Right now, there is a suspension of work visa issuance and visas-on-arrival. The issuance of all types of labor permits is suspended until further notice.

The country is also preventing the entry of valid residency permits holders who are outside the country from March 19, 2020, for a period of two weeks, which may be subject to renewal.

Q: If I stay in the country and join "B" someday, who must pay the overstay fine; B or I?.

A: An employee whose residence visa has been canceled must exit the UAE BEFORE the expiry of the maximum period of 30 days grace period from the day of the cancellation of the residence visa.

People who stay in the country without changing their status on the expiry of their visas will be subjected to fines.

If "B" did not recruit me, then do I have the right to take legal action and ask for compensation towards damage?

It will be treated as a force majeure situation and a civil case.

29 Mar 2020, 12:13

Dear Nikhat,

Thanks for your valued response.

Can you please provide some more information about the last answer.

Regards,

29 Mar 2020, 13:16

It means an act of god for an unforeseeable event. Therefore, the employer cannot be blamed.

29 Mar 2020, 14:09

Thanks for the valued information. I will get back to you for any further clarification.

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