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Abu Dhabi, UAE

Claiming the passport of an employee from the old employer

I want to hire a young lady, but her previous employer is holding her passport.

They are requesting her to provide an entry visa from the new employer (me). An entry visa is when she exits the country, correct?

She will not have to exit if she can get her passport for me to process her new resident visa, correct?

Her old employer is based in Abu Dhabi and they state this is how Abu Dhabi does things.

I am confused because they shouldn't be holding her passport first of all, and they shouldn't have an entry visa to release her passport.

Please advise.

Elnaggar & Partners
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9 May 2018, 07:35

Dear Questioner,

- Entry visa can be issued even in the case that the worker is inside the UAE. It is not always mandatory to exit the country since it depends on the immigration system and what they will inform, whether or not she shall exit the country.

- You can issue her entry visa without the original passport.

- Once she gets the entry visa, she should go to the previous employer and take her passport from him.

- If the ex-employer refuses to return her passport back, we can file a case against him and get the decision from the judge within 2 days to collect the passport by authorities.

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