Questions & Answers
Could you clarify the UAE's legal requirements for canceling an employee's visa?
Dear Sir/Madam,
Could you please clarify the legal requirements in the UAE regarding the cancellation of an employee's visa?
Specifically, should the company initiate the cancellation process on the employee's last working day or the following day?
Additionally, how long does the visa cancellation process usually take?
Dear Questioner,
The employer must give the worker a period of one month before terminating his services unless the worker waives this period.
After the expiration of the period, the worker’s services will be terminated and the process of canceling his residency takes place at the same moment of cancellation.
For further inquiries about your topic, you can visit our office or contact us on WhatsApp at [------] or email at [------].
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE labor law, the employer is responsible for initiating the cancellation of an employee's visa.
This should be done on the employee's last working day or the following day. The employer must also settle any outstanding dues, including salary, end-of-service benefits, and any other entitlements, before initiating the cancellation process.
The visa cancellation process usually takes around 7-10 working days. However, this may vary depending on the specific circumstances and the efficiency of the relevant government authorities.
It is important to note that the employee's visa must be canceled before they can leave the country permanently.
Failure to cancel the visa may result in fines and other legal consequences for both the employer and the employee.
Additionally, the employer must provide the employee with a valid air ticket to their home country or country of origin and a valid exit permit before the visa can be canceled.
It is recommended that both the employer and employee follow the proper procedures and timelines for visa cancellation to avoid any legal issues.
Kindly do not hesitate to contact us at [-------] for further guidance.
Greetings,
It is normal for the employer to initiate the cancellation process after the notice period has been served.
The cancellation will take between 2-3 working days to be effective, after which you will have a grace period to leave the country or make the necessary arrangements.
If an employer decides to cancel an employee's visa, they must first approach the Ministry of Human Resources & Emiratisation with an application to cancel the employee's labor contract & labor card (The employee must also sign this application).
Then the employer should apply for ICP for visa cancellation.
The company must also cancel the work permit. For this, they must submit a letter signed by the employee stating that he has already received all his wages and end-of-service benefits to the Ministry of Human Resources and Emiratization.
The following documents are required if an employee’s residence visa is being canceled:
- Cancellation form that is signed by the sponsor. If the sponsor is a company, the cancellation form needs to be signed and sealed by the company stamp.
- Original passport of the employee.
- Original identity card of the employee.
- Copy of the company trade license.
- Labor Establishment card.
The visa cancellation process takes 1-3 days and should be applied for the day after the employee's last working day.
Safa
Badr Legal Consultants
Thank you for your inquiry!
In the UAE, the cancellation of an employee's visa must be done by the employer. It is recommended that the company initiates the cancellation process as soon as the employee's employment is terminated.
This should ideally be done on the employee's last working day or the following day to avoid any potential delays or issues.
The visa cancellation process in the UAE typically takes around 1-2 weeks, but this can vary depending on the specific circumstances and the efficiency of the relevant authorities.
It is important for both the employer and the employee to follow the necessary procedures and provide all the required documentation to ensure a smooth and timely cancellation process.
We recommend consulting with a legal expert or your company's HR department for specific guidance on the visa cancellation process in the UAE to ensure compliance with all legal requirements.
