Am I legally bound to repay visa fees as per my offer letter if I resign?

Do not pay anything at all.

Hello,

If your contract clearly states that you must repay the visa processing fee if you leave before 18 months, and you resign after completing the probation period, then technically, you could be liable to repay the visa fee based on the agreement in your offer letter.

However, it’s important to note that the employer cannot impose excessive or arbitrary fees.

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Under UAE labor law, employers are prohibited from charging employees for visa processing fees, regardless of whether you resign during or after your probation period.

According to Article 6 of Ministerial Decree No. 52 of 1989 and Federal Decree-Law No. 33 of 2021, all costs associated with recruitment and employment, including visa fees, must be borne by the employer.

Therefore, if you resign after your probation period, you should not be liable to repay these fees, and any clause in your offer letter requiring repayment would be considered illegal and unenforceable.

If your employer insists on this payment, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) for resolution.

Thanks & Regards,

ABDUL WAHIED

Under UAE law, an employer cannot require an employee to repay visa processing fees if they resign after the probation period unless explicitly stated in the contract.

If such a clause exists in the contract and was signed by the employee, they may be obligated to repay.

You can contact us via WhatsApp for specialized legal advice, as our center specializes in these matters.

Dear Questioner,

Thank you for your inquiry!

Based on your offer letter, you're required to repay the visa processing fee if you resign before completing 18 months with the employer, which includes a 6-month probation period.

Here’s a summary of the key points:

1. Visa Processing Fee Repayment:

While UAE Labour Law generally holds the employer responsible for visa fees, employers can include clauses in employment contracts that require employees to repay these fees if they resign before a specified period, such as 18 months.

2. Post-Probation Resignation:

After completing the probation period, the employer can still enforce the repayment clause if your resignation happens before the 18-month mark, as stipulated in your offer letter. However, such clauses must be reasonable to be enforceable under UAE law.

3. Legal Considerations:

The repayment clause may be enforceable if it’s clearly defined and reasonable.

If you believe the clause is excessive, you may negotiate with your employer or seek legal assistance to resolve the matter.

4. Next Steps:

You are likely obligated to repay the visa fee if you resign before the 18-month period, but you can challenge the clause if it seems unreasonable. If you need assistance in negotiating or understanding your rights, feel free to contact me.

Kind regards,

Mohammed Salah

Legal Consultant