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Extending the grace period until the end of labour dispute

Q. Visa Cancelled, the grace period is about to finish while there is a pending case in the court against my employer.

Good evening.

I have cancelled my visa, and the grace period is about to end in a week, while I have a pending case in the court against my employer.

Can I get permission for overstay to avoid the fine and blacklisting?

Can I engage the services of a law firm if I cannot do it by myself?

Politely requesting to assist me, please. I am in a big trouble.

Regards,

Mike

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Ahmed Elnaggar

Elnaggar & Partners

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14 Mar 2018, 02:42

Dear Questioner

Kindly clarify what kind of legal conflict is between you and your employer.

Mentioning that your grace period is about to expire means that you cancelled your residency and work permit, which subsequently means you have already signed the final settlement agreement stating that you received all your legal entitlements. So, I need clarification what sort of conflict is going on.

On the other hand, you can only extend your stay in the UAE as long as a labour conflict is ongoing given the fact that you did not cancel your visa yet.

Even if your visa is expired, it is the liability of the employer to renew it until the case is closed.

Please do not hesitate to contact me directly through ae@elnaggarlegal.com

Ahmed Elnaggar

14 Mar 2018, 13:55

Dear Sir,

Thanks for your kind reply.

1) I have filed a case against my employer for not paying me 6 months' salaries, and the court will issue the final judgment on 26 April 2018,

2) I have cancelled my residency and work permit with the help of court and labour office, as it's not a normal cancellation. I have not signed any documents that I received my rights; the case is still running on the court.

3) The grace period will end on the 20th of this month.

My question now, is there any legal way to take permission for the extra overstay after the grace period to avoid blacklisting?

Shall I exit the country and come back on a visit visa to proceed my pending case in the court?

Which one is better for me?

Assist me, please.

15 Mar 2018, 07:49

It is also not clear why did you apply to the court to - exceptionally - cancel your visa if you need to stay?

I advise you to apply to the court again and take another exceptional permission for the overstay "which I think you will not get their approval for".

The decision to exit the country is yours. Of course, I advise you not to overstay because it is a violation.

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