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Can an employee cancel their employment visa independently if the employers are unresponsive?

Hello,

Recently, a friend of mine was hired by a new company; however, the previous employers are refusing to provide an NOC and are not even signing the resignation letter.

I need help with this kind of case, as the new company is asking for an NOC. What should he do in the meantime?

Can he cancel his employment visa on his own since the employers are not responding?

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Mohamed Bakheet Advocates & Legal Consultants
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22 Oct 2024, 17:16

You must submit a complaint to the Ministry of Human Resources and Emiratisation.

22 Oct 2024, 17:18

Will MOHRE be the one to obtain the NOC from the employer? How long will that take?

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KHE Legal Consultancy
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23 Oct 2024, 04:42

Hello,

If verbal communication doesn’t work, he should submit a formal written request for the NOC.

Your friend can approach the Ministry of Human Resources and Emiratisation (MoHRE) or the General Directorate of Residency and Foreigners Affairs (GDRFA) to inquire about the process of canceling the visa on his own.

If the old employer refuses to cooperate, your friend can file a complaint with the Ministry of Human Resources and Emiratisation.

For further assistance, kindly share your WhatsApp number.

23 Oct 2024, 05:00

Hi,

It is [---------].

Laila Hamza Al Mulla Advocates and Legal Consultants
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23 Oct 2024, 05:15

Dear questioner,

You can file a complaint with MOHRE. If you have served the notice period, it is the employer's obligation to provide the NOC as well as process the visa cancellation.

If you need further clarification, kindly share your WhatsApp number.

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Rashid Khalil Obaid Advocates and Legal Consultancy
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23 Oct 2024, 07:48

Dear Questioner,

Yes, he can cancel the visa on his own. but before that, he can initiate a complaint through MOHRE. MOHRE will initiate action based on his complaint and force the employer to provide the NOC as well.

If you need further clarification, you may ask us.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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23 Oct 2024, 08:23

Dear Questioner,

It can be challenging when an old employer refuses to provide necessary documentation like an NOC.

There are several steps your friend can take including reviewing contracts and local laws, documenting communications, seeking legal advice if needed, communicating openly with their new employer about delays, and exploring options regarding their visa status.

23 Oct 2024, 08:24

Kindly contact us for further assistance.

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