Resigned in Dubai, but employer refuses. How can I stay and switch visas?

Dear Valued Client,

Thank you for reaching out regarding your complex employment situation. I understand your concerns and will address each point professionally to help guide you through this challenging time.

1. Passport Retention:

It is illegal for employers in the UAE to withhold an employee's passport. You have the legal right to possess your passport at all times. Please formally request its return in writing, citing UAE law.

2. Resignation and Notice Period:

Your resignation is valid upon submission, regardless of your employer's acceptance. However, you are contractually obligated to serve the three-month notice period unless mutually agreed otherwise with your employer.

3. Previous Work on Visit Visa:

While working on a visit, the visa is not permitted; focus on your current legal work status. The company's subsequent provision of a work visa has regularized your employment status.

4. Approaching Authorities:

You may still approach the Ministry of Human Resources and Emiratisation (MOHRE) regarding current employment issues. Focus on your work visa period in any discussions.

5. Post-Employment Visa Status:

Upon work visa cancellation, you have a 30-day grace period. To extend your stay:

a. Apply for a new visit visa online through official channels (ICP App, Dubai Now app, or authorized typing centers).

b. If you secure new employment, your prospective employer can initiate a new work visa process.

6. Extending Stay on Visit Visa:

You can remain in the UAE on a visit visa without leaving the country. Options include:

- 30-day single-entry tourist visa

- 60-day single-entry tourist visa

- Multiple entry tourist visas (various durations available)

These can be applied online or through authorized typing centers within the UAE.

It is crucial to maintain legal status in the UAE at all times. If unable to secure a new employment visa or extend your stay through a visit visa before your grace period expires, plan to leave the country to avoid overstay penalties.

For personalized advice tailored to your specific circumstances, I recommend consulting with a legal professional specializing in UAE labor law or contacting MOHRE directly.

If you require any further clarification or assistance, please don't hesitate to reach out.

Best regards,

Dear Inquirer,

Thank you for reaching out!

Your situation involves multiple legal aspects, including employer obligations, passport retention, resignation rights, and visa status post-cancellation. While working on a visit visa may raise concerns, there are legal pathways to protect your rights and explore new job opportunities in Dubai.

To ensure you take the best course of action without jeopardizing your legal status, we strongly recommend consulting with our legal team. Please visit our website or contact us directly to discuss your case in detail and receive professional guidance.

Best regards,

Holding an employee's passport is illegal in the UAE. This is a clear violation of labor laws. Even if your employer is refusing to accept your resignation, your obligation is to adhere to the contractual notice period.

Continue to provide your services during this period, while maintaining written records of your attempts to resign and your continued presence at work.

Upon resignation, your employer will initiate the visa cancellation process. You'll typically have a grace period (usually 30 days) to leave the country. It's possible to obtain another visit visa.

Whether you need to return to your home country depends on your nationality and the specific visa requirements. It is not always necessary to return to your home country. Check with your travel agent regarding obtaining visit visa.

If you need further clarification, you may ask us.

Hello,

The best way to handle your situation is to first try to resolve the issue with your current employer, possibly with the help of MOHRE or legal counsel, to ensure your rights are protected.

If you decide to leave your current job, focus on finding a new job that can sponsor your work visa. If this is not feasible within the 30-day grace period, you may need to consider leaving the UAE to apply for a visit or tourist visa, which would allow you to re-enter the country and continue your job search.

Hello,

It is illegal for any employer in the UAE to withhold your passport, as per UAE law. If your employer refuses to return it, you have the right to report this matter to the UAE Ministry of Human Resources and Emiratisation (MOHRE), even if you initially entered on a visit visa.

You can file a complaint with the MOHRE if you face issues with resignation acceptance or passport confiscation. Your employer is required to return your passport to you.

After your work visa is canceled, you can apply for a visit visa to extend your stay in Dubai while you look for another job.

Visit visas are typically issued for 30 or 60 days, and they allow you to remain in Dubai while not being employed.