Questions & Answers
I signed an employment contract with a company and the visa was rejected. Can I seek other opportunities?
Good day,
Pardon my lengthy question.
I had an interview on 21 December and accepted the offer letter on 26 December. The company claims to have proceeded to process my work permit with me signing the MOHRE contract on 5 January.
I have incurred costs in extending my visit visa since it expired on the 14th of January while attending work. I asked for an update on the visa situation, but they keep saying it has been rejected without giving a solid reason for rejection so we can rectify it.
A search on the MOHRE website shows the contract is there but without my signature and it's listed as "Transaction under process, unattested contract" yet I signed it.
My question is, without transparency from the employer, can I seek other opportunities?
I'm currently legally on a visit visa to avoid incurring losses.
Thank you
Yes, you can look for other opportunities.
Being on a visit visa, you are not legally obligated to stay with your current employer until your work permit is issued and your employment contract is officially notarized.
As long as your contract is in “in process” status and not notarized, the relationship between you and your employer is not legally complete.
Dear Questioner,
Thank you for reaching out with your query.
Based on the situation you have described, here's an outline of the legal aspects involved and the potential steps you can take:
1. Employment Contract and Work Permit:
You signed the MOHRE contract on January 5, but the contract is listed on the MOHRE website as "Transaction under process, unattested".
This indicates that the contract is still pending official approval and attestation, which may be delaying the issuance of your work permit.
Your employer claims to have initiated the work permit process, but since the contract is still not attested, this could be the reason your visa application has been rejected.
2. Visit Visa Status:
Since your visit visa expired on January 14, but you continued working, you are technically in violation of UAE laws. Working on a visit visa is not permitted, and you should have transitioned to a work visa before starting your employment.
It’s critical that you resolve your visa situation as soon as possible to avoid any legal issues.
3. Employer's Lack of Transparency:
It is concerning that your employer has not been transparent about the status of your work permit application and has not provided solid reasons for the rejection.
Employers are generally expected to provide timely updates on the visa and work permit status.
If the work permit has indeed been rejected, you should be provided with the exact reasons for rejection in order to rectify any issues.
4. Your Legal Position:
Visit Visa Extension: Since you extended your visit visa at your own cost, you may have the right to seek reimbursement from your employer for these expenses if the delays were due to their failure to process your work visa on time.
Seeking New Employment: If the employer continues to delay processing your work permit, you have the right to seek alternative employment.
However, you cannot continue working on a visit visa. You would need to ensure that you have a valid work visa before starting employment with another employer.
Employer's Responsibility: Your employer is responsible for processing your work visa and ensuring that all paperwork is completed correctly.
If they are not fulfilling this responsibility in a reasonable time frame, you may have the right to terminate the relationship and seek new opportunities.
5. Next Steps:
Formal Request for Clarification: Request written confirmation from your employer regarding the status of the work permit process and the reasons for any rejections.
This will help you better understand where the delay lies and allow you to take any necessary corrective action.
Consult with a Legal Expert: If your employer continues to be unresponsive, you may wish to consult with a lawyer specializing in UAE labor and immigration law to assess your options, including the potential to terminate your relationship with the employer and seek new employment.
Visa Options: If you are currently on a visit visa and wish to remain in the UAE while exploring other employment opportunities, you may want to consider renewing or extending your visit visa.
Alternatively, you could seek a new visa if the situation with your current employer remains unresolved.
6. Conclusion:
Given the lack of transparency from your employer and the issues regarding your work visa, you are entitled to seek other employment opportunities to avoid the risks associated with staying in the UAE on an expired or invalid visa.
It is important to address your visa situation promptly to avoid further complications.
Please feel free to contact me if you need further assistance or advice on how to proceed.
Best regards,
Mohammed Salah
Legal Consultant
Under UAE law, if the company has not completed the permit process or has not provided clear information regarding your visa status, you are allowed to seek other job opportunities while legally staying on a visit visa.
However, it is advisable to resolve this issue with your current employer or consult with a lawyer to avoid any legal consequences.
Feel free to contact us via WhatsApp for specialized legal advice on such matters. We specialize in employment and visa-related issues and provide appropriate legal solutions.
