Checking a possible absconding case after leaving the UAE

Dear Questioner,

After reading your question, if you left the UAE in 2016 without resigning from your employment and cancelling your UAE visa, it is likely that your former employer has placed an absconding case against you for breach of contract.

Where an employee is absent from work without notice for seven days or longer or has exited the country without notice, this is considered as an illegal act and your employer can file an absconding case against the absconder.

Under the UAE Labour Law, Federal Law No. (8) of 1980, Article 128 states:

“The non-national worker, who abandons his work without a valid reason before the expiry of his limited term contract, may not, even with the employer’s consent, take up another employment before the lapse of one year from the date on which he abandons his work.”

We are happy to assist you in checking the status of your absconding case or if you any travel bans or arrest warrants issued against your name.

You can contact me directly at bw@elnaggarlegal.com if you need any further information.

Dear Sir/ Madam,

At the outset, Mr Michael has given a very precise and in-depth answer to your query.

However, I would like to add that it is it not by default that an absconding case is filed by the employer.

The employer might keep the visa open and let it expire after 6 months. If this is the case, then you can return to the UAE on a new visa.

However, if there is an absconding case, then it will result in a lifetime ban which cannot be lifted without the consent and assistance of the employer.

As suggested, you ought to undertake an inspection of immigration record to understand if there is a ban on you or not.

I would be happy to assist you with doing so and provide you with the inspection copy.

You can email me your passport copy and visa page.

Regards,

Hari Wadhwana