Questions & Answers
Extension of visa till the end of academic year upon termination
Hello Mr Naser,
I am on an unlimited term contract that started on April 8th and I have been terminated with a 3-month notice period that ends on December 11th. According to my line manager, my probationary period was already completed.
Having not found a new job as yet, I asked the company HR if I could keep the visas for just another month and they flatly declined, stating that according to their policies they cannot.
I have given few interviews and been waiting for responses. Since this is the Christmas season where all expatriates mostly leave to their homelands, getting a response during this time is very slim and hence I had asked for the 1-month extension.
My family consists of my wife, I and 2 kids who are going to school. Doesn't the UAE labour law stipulate any regulations for the person that is terminated and have school going kids who are just in their 1st term of the academic year?
Please advise if there is anything I can do legally or not.
Thank you!
In the case of unlimited contracts, an employment relationship is terminated in one of the following instances:
- Both the employer and employee mutually agree to terminate the contract.
- When either party decides, at any time, to terminate the contract provided that the terminating party abides by the legal notice requirements and continues to honour his obligations for the duration of the notice period, which cannot be less than one month and no longer than three months.
- When either party acts unilaterally to terminate the contract, without complying with the legal notice and without reasons of default by the other party - in this case, the terminating party bears the legal consequences of early termination.
From what you have mentioned, the employer has fully complied with the provisions of the law and has no reason whatsoever to delay your visa cancellation.
Visa extensions are purely at the discretion of the company.
