Questions & Answers
Leaving the UAE without cancellation due to the non-acceptance of resignation
Dear Sir,
My husband and I worked as teachers in Al Ain, UAE, first from 2009 till 2013 and then went back in August 2015.
However, we had issues at work and decided to resign in January 2016. Then the principal tried to dissuade us and did not accept our resignations.
We told her we did not want to stay, but she still refused to accept them. In February, my husband went to her again and reminded her that we were leaving in end of March.
She got mad and threatened both of us. What could we do? We stayed in March finishing the term and left on the 30th sending her yet another reminder of our decision.
The problem is that she never accepted our resignations. We are now in another country and we need a police clearance. It has been 2 years since then.
Another problem is that we couldn't close our bank accounts. We had no debts or unpaid cheques.
We have now been waiting for more than 5 months to get my husbands police clearance and there is no sign of ever getting it. Are we eligible?
Dear Madam,
The resignation is not subject to the employer’s acceptance. Once the resignation is submitted, you are due to do notice period according to the contract, and that is it. The employer should cancel your visa and residence.
However, based on the federal immigration law of the UAE, if you have spent 6 months outside the country, your residence visa will be cancelled automatically. I cannot see any reason for a ban or anything similar in your case.
With regards to the bank account, it is unclear to me how you could not close it. It will be closed automatically if there is no any transactions on it in the period of 6 months.
Police Clearance Certificate may be obtained if there is no case against you. We can check this for you. Kindly send your e-mail to ms@elnaggarlegal.com where you will get further details on how to proceed.
