Does switching from a DMCC company visa to a Golden Visa reset my EOSB calculation?

Dear Client,

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

Your company's claim about restarting EOSB from zero when switching to a Golden Visa is incorrect. Your years of service and accumulated benefits should remain intact.

After 5 years, you're entitled to 30 days' wage per year for EOSB, regardless of visa change. If your company refuses to provide an NOC for Golden Visa, you can explain that it doesn't affect their obligations.

If they persist, consider filing a complaint with MOHRE or seeking legal advice. The Golden Visa is meant to retain talent, and employers shouldn't discourage eligible employees.

Remember, your rights are protected, and the visa change shouldn't negatively impact your employment benefits.

You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.

Thank you!

ABDUL WAHIED

Hello,

Your company's claim regarding the End of Service Benefits (EOSB) reset after switching to a Golden Visa is not entirely correct. Here’s what you need to know:

- EOSB Calculation:

According to UAE Labour Law, EOSB is calculated based on continuous service duration with the same employer.

If you remain employed by the same company after switching to a Golden Visa, your service period should not reset to zero, and your EOSB should continue to accumulate.

The calculation should not drop from 30 days per year (after 5 years of service) to 21 days unless your employment is formally terminated and you sign a new contract with different terms.

- NOC Requirement for Golden Visa:

If your Golden Visa application is based on salary and designation, a No Objection Certificate (NOC) from your employer is not mandatory under the updated UAE regulations.

However, DMCC may have specific internal requirements regarding NOC issuance. If your company refuses to provide an NOC, you may still explore alternative routes for Golden Visa eligibility, such as direct application through ICP (Federal Authority for Identity and Citizenship).

To protect your rights and ensure proper EOSB calculation, we strongly recommend consulting a legal expert.

Kindly contact us via phone or email for further assistance.

Hello,

UAE labor law and DMCC regulations generally follow the principle of emphasizing continuous service for EOSB calculations.

Changing your visa sponsorship within the same company does not legally break your employment. Your 5 years of service should be recognized for EOSB and not reset.

The 21 days vs. 30 days you mentioned refers to notice periods, not the overall EOSB calculation. A company NOC isn't always mandatory for a Golden Visa, especially if you qualify based on salary and designation.

Golden Visas are often independent of employer sponsorship.

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

Under UAE law, when transferring from a company visa to a Golden Visa, you are entitled to your full end-of-service benefits (EOSB) based on the total time worked with the company.

Your EOSB should be calculated according to the terms of your employment contract. If your company refuses to provide an NOC (No Objection Certificate) for the Golden Visa, you can contact the Ministry of Human Resources and Emiratisation or consult a legal advisor to explore your options.

Feel free to reach out to us via WhatsApp for specialized legal advice.

Dear Questioner,

Thank you for your inquiry regarding the transition from your company visa to the Golden Visa and the implications for your End of Service Benefits (EOSB).

1. EOSB Calculation Upon Transition to Golden Visa

Firstly, the claim from your company that your EOSB will reset to zero when you switch from a company visa to a Golden Visa is not legally correct.

The Golden Visa is a long-term residency visa, and its issuance does not affect your employment contract or service record with your current employer.

Your EOSB calculation is based on your length of service with the company and should remain unchanged, regardless of your visa type.

As you have worked for the company for 5 years, you should be entitled to 30 days' wages for each year of service for the years beyond 5 years, as per the UAE Labour Law.

In summary, switching to a Golden Visa will not reset your EOSB, and you are entitled to your full EOSB based on your total years of service with the company.

2. Employer Refusing to Provide NOC for Golden Visa

Regarding your employer's refusal to provide a No Objection Certificate (NOC) for the Golden Visa, please note that under UAE law, employers are not legally obligated to provide an NOC for you to apply for a Golden Visa, as the Golden Visa is a residency visa, not a work visa.

The Golden Visa does not require you to change employers or employment contracts; it only requires your residency status. Therefore, if your employer refuses to provide an NOC, it will not prevent you from applying for the Golden Visa independently.

The Golden Visa is based on personal criteria such as your salary, profession, and eligibility under the program, and does not require a NOC from your current employer.

3. Conclusion

The EOSB will not reset upon transitioning to a Golden Visa, and you will retain the full benefits accrued based on your 5 years of service.

Your employer is not legally required to provide an NOC for the Golden Visa, and you can still apply for it independently, as it is tied to your qualifications and residency status, not your employment status.

If you need further assistance or clarification on this matter, or if you require guidance on the Golden Visa application process, please feel free to contact me.

Best regards,

Mohammed Salah

Legal Consultant

Thank you for reaching out with your questions regarding the Golden Visa and your End of Service Benefits (EOSB).

To address your first query, your company’s statement that your EOSB will be calculated from zero if you switch to a Golden Visa and that it will be based on 21 days rather than 30 days is not legally accurate.

The UAE Labour Law specifies that the calculation of EOSB is based on the employee's length of service and salary at the time of termination, and it should not reset upon changing visa types, unless you end your current employment contract.

If you remain employed with the same company and simply switch your visa type, your EOSB should continue to accrue as per the previous terms.

Therefore, the company’s suggestion may be more of a misunderstanding or an attempt to discourage your application. I recommend discussing this with them to clarify the matter.

Regarding the NOC (No Objection Certificate) for the Golden Visa, companies are not legally obligated to provide an NOC for visa purposes unless there is an employment contract clause or a specific agreement that dictates this.

However, if the company refuses to provide the NOC and you are eligible for the Golden Visa, there may be legal recourse or other avenues available to proceed with the application.

It would be prudent to review your employment contract for any specific restrictions, and I can assist you further in understanding your options if necessary.

Should you need more details or wish to discuss your case further, feel free to reach out to me via WhatsApp or phone at [------------], or email me at at [------------]. I would be happy to assist you with this process.

Best regards,

Suhail Rana

Based on current laws and regulations regarding employment and visas in the UAE, it appears that your company’s assertion about starting EOSB from zero upon switching visas may not be legally correct.

You should be entitled to receive your full EOSB based on your total time served with them. Additionally, if faced with an NOC refusal, there are avenues available through government bodies that can assist you.