My company ended my services. Can they cancel my visa without signing the cancellation form?

While it's common practice for employees to sign visa cancellation forms, it's not always a legal requirement for the cancellation to be valid.

The employer has a responsibility to cancel the visa through the proper channels, regardless of the employee's signature after providing you with a final settlement that includes all your due wages, gratuity, and any other benefits you are entitled to.

Greetings,

If your company has decided to discontinue services, they cannot cancel your visa without your consent unless you have signed the cancellation form or you are in violation of contract terms.

The employer must follow the proper procedure as per UAE labor law, which includes obtaining your signature for visa cancellation.

To ensure your rights are protected and understand your options, book a consultation with Future Vision for Advocacy and Legal Consultancy for expert legal guidance.

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

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Dear Questioner,

Thank you for your inquiry.

In the UAE, when a company terminates an employee's contract or discontinues its services, the process of visa cancellation typically requires the employee's consent, which is generally given by signing a visa cancellation form.

However, there are specific circumstances under which the employer can cancel your visa without your signature.

Employer’s Rights: If your employer has terminated your employment, they are legally required to cancel your work visa as part of the separation process.

However, the employer must initiate the visa cancellation procedure with the UAE’s immigration authorities.

In most cases, the employee's signature is required on the cancellation form, but if you do not cooperate or refuse to sign, your employer can still proceed with the cancellation by notifying the authorities.

The employer may request an exception from the immigration authorities to proceed with the cancellation without your signature, although this is not always straightforward.

Impact of Refusal: If you refuse to sign the cancellation form, your employer could potentially initiate the cancellation process without your cooperation.

However, this can complicate matters for both parties, and it's best to resolve the situation amicably.

Keep in mind that failing to cancel your visa could result in fines for both you and the employer due to overstaying after the termination of your contract.

Employer's Responsibility: The employer should, within a reasonable timeframe, cancel the work visa once the employee is no longer employed.

If the employer does not cancel your visa or fails to take the necessary steps, they may be held responsible for any fines incurred due to the visa being active while you are not employed.

Next Steps:

You may want to follow up with your employer to ensure that the cancellation process is completed.

If your employer insists on canceling your visa without your signature, it’s recommended that you seek legal advice to ensure your rights are protected.

If there are disputes or delays, you can also approach the Ministry of Human Resources and Emiratisation (MOHRE) for further assistance.

I hope this clarifies your situation. Please let me know if you need any further assistance or legal support.

Best regards,

Mohammed Salah

Legal Consultant

Greetings,

In essence you have to sign the cancellation letter before they can cancel your visa.

If you refuse without proper reason they can apply to the Ministry showing that you have received all your entitlements and they will be granted permission to cancel.

Best Regards

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

Based on UAE labor laws, your company cannot cancel your visa without your signature on the cancellation form.

This signature is required to confirm you've received all due benefits and agree to the cancellation. The process involves canceling your work permit first, which also needs your signature.

Your employer must submit a letter to the Ministry of Human Resources and Emiratisation, signed by you, stating you've received all wages and end-of-service benefits.

Exceptions only apply if you leave the UAE for over six months or in absconding cases. If your employer attempts to cancel your visa without consent, you can file a complaint with the Ministry.

Ensure you receive all due benefits before signing any documents.

Thanks & Regards,

ABDUL WAHIED

Thank you for reaching out regarding your situation.

Based on the information you’ve provided, it appears your employer has terminated your employment after more than a year of service.

Regarding your question about visa cancellation, under UAE labor law, your employer can initiate the cancellation of your visa without your signature, but they are required to follow specific procedures.

Typically, the employer must cancel your visa through the Ministry of Human Resources and Emiratisation (MOHRE) and notify you of the cancellation.

Although the cancellation form usually requires your consent or signature, the employer can proceed with the cancellation if you are unable or unwilling to sign.

However, this could raise some concerns depending on the circumstances of your termination.

I strongly recommend that you review the terms of your employment contract and any communications from your employer to ensure your rights are protected.

If you are facing any complications or if the cancellation process is affecting your legal standing, I can assist you in resolving this matter.

Feel free to reach out to me directly via WhatsApp or email me to discuss your case further. I would be happy to guide you through your options and provide the legal support you need.

Best regards,

Suhail Rana