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Can a canceled-visa employee be marked absconding if the grace period has ended?

Dear Lawyers,

Can a previous employer file absconding against an employee whose visa has already been canceled but is still waiting for a new visa, given that the grace period has already accumulated?

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London Center for Legal Consultancy Office
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31 Oct 2024, 11:09

Greetings,

As long as the contract has expired, he cannot.

We are honored to provide you with legal support.

For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.

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KHE Legal Consultancy
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31 Oct 2024, 11:14

Dear Questioner,

An employer can file an absconding report against an employee if they have not shown up for work without a valid reason for a certain period, typically seven consecutive days.

However, the employer must provide evidence of the employee's absence. If your previous employer has canceled your visa, they must follow the legal procedures to do so.

Once a visa is canceled, you usually have a 30-day grace period to either exit the country or apply for a new visa.

If you are currently waiting for a new visa after your previous one was canceled, you should be aware that the grace period can be affected by the absconding report.

If the report is filed, it can complicate your ability to obtain a new visa.

For further assistance, kindly share your WhatsApp number.

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Rashid Khalil Obaid Advocates and Legal Consultancy
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31 Oct 2024, 13:06

Dear Questioner,

No, a previous employer cannot file an absconding case against an employee who has already had their visa canceled and is currently within the grace period for finding a new job or leaving the country.

Once the visa is canceled and the grace period begins, the employee is legally allowed to stay in the UAE and look for new employment opportunities.

The previous employer no longer has any legal authority over the employee, and therefore cannot file an absconding case.

If you need further clarification, you may ask us.

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Mohamed Bakheet Advocates & Legal Consultants
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31 Oct 2024, 14:28

Yes, the employer can do that.

Laila Hamza Al Mulla Advocates and Legal Consultants
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1 Nov 2024, 05:00

Dear questioner,

Yes, if your grace period is over and you have not converted to a new visa, the previous employer can file an absconding case.

You are required either to change to any type of visa, including a visit visa, or to exit the country. You may now take advantage of the amnesty period concessions regarding the absconding case.

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

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Alawi Aljaberi Advocates & Legal Consultants
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1 Nov 2024, 06:42

No, if the visa is canceled, he can not.

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