Questions & Answers
Can I transfer my sponsorship if my work visa can't be canceled due to a labor complaint?
Hello,
If my work visa cannot be canceled due to an unresolved labor complaint against my employer for unjustified deductions and unpaid commissions, is there a way around it?
For example, can I transfer sponsorship? How does this process work?
Dear Valued Client,
Thank you for reaching out regarding your complex employment situation!
I understand your concern about the unresolved labor complaint and its impact on your visa status. Please allow me to provide you with some professional guidance on potential options:
1. Sponsorship Transfer:
Despite the ongoing labor complaint, a sponsorship transfer may still be feasible. This process typically involves:
- Obtaining a No Objection Certificate (NOC) from your current employer.
- Securing a sponsorship letter from your prospective employer.
- Applying to the Ministry of Human Resources and Emiratisation (MOHRE).
2. Temporary Work Permit:
As an alternative, you might qualify for a temporary work permit. MOHRE offers various permit types that could allow you to work for a new employer while your case is pending resolution.
3. MOHRE Consultation:
Given the complexity of your situation, I strongly recommend scheduling a consultation with MOHRE. Their officials can provide tailored guidance based on your specific circumstances and the nature of your labor complaint.
4. Legal Advice:
Considering the legal implications of your case, it may be prudent to seek counsel from a legal expert specializing in UAE labor law. They can offer strategic advice on navigating your situation effectively.
Please note that processes and regulations may vary based on the specifics of your case and current UAE labor policies. It's crucial to ensure compliance with the most up-to-date procedures set forth by UAE authorities.
Should you require any further clarification or assistance, please don't hesitate to reach out. We're here to support you in resolving this matter efficiently and under UAE labor laws.
Yours sincerely,
Dear questioner,
If the cancellation of your work visa is not possible due to an unresolved labor complaint against your employer, you can submit a request to the Ministry of Human Resources and Emiratisation to transfer your sponsorship to a new employer without the need to cancel your current visa.
The ministry may grant a temporary work permit until the labor complaint is resolved.
Mohamed Salah Shoeib
Legal Consultant
If there is an unresolved labor complaint against your employer for unjustified deductions and unpaid commissions, your work visa typically cannot be canceled until the dispute is resolved.
However, you may have options depending on the stage of your case and the UAE labor laws.
One potential solution is applying for a temporary work permit or requesting a transfer of sponsorship under specific circumstances. The process varies based on whether your case is in the Ministry of Human Resources and Emiratisation (MOHRE) or the courts.
If your employer is found liable, you may also be entitled to compensation and legal costs.
To explore the best course of action for your situation and ensure a smooth transition without jeopardizing your legal rights, I recommend discussing your case in detail.
Feel free to reach out to me via WhatsApp or phone, and we can determine the best legal approach for you.
Best regards,
Suhail Rana
Dear questioner,
Even for the transfer of ownership, you need to contact your previous employer. It is better to cancel the visa rather than transfer it.
If the employer is unwilling to cancel the visa, file a complaint with MOHRE.
Share your WhatsApp number for further clarification.
Your previous employer should initiate the cancellation procedures for your sponsorship. You need to obtain an NOC from him to transfer the sponsorship.
If he is not providing it, you must request MOHRE's assistance along with your previous complaint. They will handle the procedures.
If you need further clarification, you may ask us.
