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If agency does not cancel my visa for new job, what's next?

Good morning, sir

I have paid an agency to process my visa, but unfortunately, I received a job offer and was instructed to cancel the visa to be on the company's visa.

Although I have paid for everything, including cancellation fees, the agency refuses to proceed with the cancellation.

My new company is waiting within the timeframe provided for me to start work, threatening termination if not met.

I lodged a complaint with the Labor Department, and they informed me it would take 5 to 10 days to resolve the issue and provide me with the cancellation letter for the new company.

However, by then, the time will have elapsed. Can my agency still cancel it after my complaint to labor, or must we continue to wait for labor?

Additionally, I intend to file a lawsuit against the agency if I lose my job and visa. Kindly advise.

Thank you!

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Mohammad Salah Shoaib

Al Fahad Legal Consulting

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21 Mar 2024, 07:55

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, according to UAE law, it is the responsibility of the agency to cancel your visa if you have paid for it.

If they refuse to do so, you can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE) and they will investigate the matter.

If the agency is found to be at fault, they will be required to cancel your visa and provide you with the necessary documents for your new job.

However, if the agency still refuses to cancel your visa, you can file a lawsuit against them for breach of contract and seek compensation for any losses you may have incurred.

It is important to keep all documentation and proof of payment in case you need to take legal action.

In the meantime, you can also try to negotiate with your new company to extend the time frame for you to start work, explaining the situation with your visa cancellation.

They may be understanding and willing to give you more time.

It is always best to try to resolve the issue through MOHRE first before taking legal action. If you do decide to file a lawsuit, it is recommended to seek advice from us as a legal professional.

Kindly feel free to contact us.

Greetings,

21 Mar 2024, 08:39

Sure, thank you very much for your advice!

21 Mar 2024, 10:31

You are always welcome.

24 Mar 2024, 14:35

Good evening legal advisors,

I believe you all do well!

I made a complaint to Labor as you all advised me to do so. Labor called me to interrogate me about the issue and I explained things to them.

A few days later, labor called me again to ask if I wanted them to cancel the visa and I said yes because I needed to join my new company by next week, but the cancelation has delayed me.

Labor told me the cancelation would be done as soon as possible but it would take two to three days to get the cancelation.

Following our conversation, I received another appointment from Labor scheduled for the 26th.

I am unsure of its purpose since we had already agreed upon cancellation, and they were in the process of executing it.

This additional appointment is causing emotional and financial strain. Please advise me on the nature of this third appointment.

Thank you!

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Mohamed Bakheet

Mohamed Bakheet Advocates & Legal Consultants

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21 Mar 2024, 18:58

Dear Questioner,

Submit a complaint to the Ministry of Human Resources and Emiratisation.

24 Mar 2024, 14:35

Good evening legal advisors,

I believe you all do well!

I made a complaint to Labor as you all advised me to do so. Labor called me to interrogate me about the issue and I explained things to them.

A few days later, labor called me again to ask if I wanted them to cancel the visa and I said yes because I needed to join my new company by next week, but the cancelation has delayed me.

Labor told me the cancelation would be done as soon as possible but it would take two to three days to get the cancelation.

Following our conversation, I received another appointment from Labor scheduled for the 26th.

I am unsure of its purpose since we had already agreed upon cancellation, and they were in the process of executing it.

This additional appointment is causing emotional and financial strain. Please advise me on the nature of this third appointment.

Thank you!

24 Mar 2024, 16:45

The third appointment is an appointment to discuss the subject of the case after contacting the employer and understanding the topic in detail.

24 Mar 2024, 16:57

I thought this had already been discussed, and they promised to cancel right after the second appointment, which Labor said would take two days due to my situation.

I do not know what this third appointment is about. This is sad for me because my contract notice period ends on the 28th, and the appointment is on the 26th.

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