Can the employer ask me for visa expenses if I resign after completing the probation period?

Thank you for reaching out.

We understand your current employment situation—having completed your probation period and now facing challenges in resigning due to physical health issues.

You mentioned you are willing to serve your one-month notice period, as per your MOHRE contract, but your employer is asking you to pay visa expenses and is also retaining your passport.

Please note that it is illegal for employers to retain your passport without your consent, and you are not legally required to pay visa expenses when resigning after probation.

You have the right to file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

If you file a complaint, the process usually begins within a few days. MOHRE typically tries to resolve the dispute through mediation within 14 days.

If no resolution is reached, the case may be referred to the labour court, and a verdict can take 2–4 weeks or more, depending on complexity and response from both parties.

To give you the best legal advice and guide you through your options, we recommend booking a consultation with us. We also offer a 15-minute free online consultation to discuss your case in more detail.

Dear Inquirer,

If you have completed your 6-month probation and wish to resign with a one-month notice as stated in your MOHRE contract, your employer cannot legally deduct visa expenses from you. Additionally, retaining your passport is a violation of UAE law.

If your employer refuses to cancel your visa or insists on deductions, you have the right to file a complaint with the MOHRE or the Labour Court. The process may take a few weeks, depending on the complexity of the case and the court schedule.

To protect your rights and handle the situation properly, we recommend booking a consultation or authorizing our legal office to represent you.

Contact Future Vision for Advocacy and Legal Consultancy for expert legal support.

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

To contact us, you can call or WhatsApp us.

Dear Inquirer

We are pleased to serve you and address your inquiries.

If you resign, you must initially work during the notice period.

You can ask your employer for your passport, but you must have proof that it is in your possession, as employers are prohibited from retaining an employee's passport under the law.

Contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Advocates & Legal Consultants

We are a legal firm specializing in labor cases in the UAE.

According to UAE law, you have the right to terminate the contract after completing the notice period, and the employer can claim visa expenses if stipulated in the contract.

As for your passport, the employer is required to return it when you apply for visa cancellation.

If you file a complaint with the labor court, the verdict may take approximately 2-4 weeks. We can assist you in handling this matter swiftly and ensuring your rights are protected.

We are honored to provide you with specialized legal support for your case.

If you have any further inquiries regarding your matter, we would be happy to assist you.

Good morning

An employer is responsible for the costs of hiring an employee, whether they resign during or at the end of the probation period, unless the employee is resigning to sign with another company; in that case, the new company must reimburse the old company for the recruitment and visa costs.

As for the notice period, it must be as per the contract you have signed.

For more information, please leave a phone number to contact or contact me on my phone.

Thank you.

Dear questioner

It will take only 1 to 2 weeks maximum, however, you should also file a complaint for holding your passport by your employer.

It is necessary to serve the notice period as well before resigning.

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

He has no right to demand visa fees from you, otherwise, you should file a lawsuit against him.

Dear Client,

Under UAE labor law, you retain the right to resign after completing your probation period, provided you adhere to the terms of your MOHRE contract.

Below is a detailed overview of your rights, obligations, and recommended course of action:

1. Legal Position on Resignation and Employer Demands

- Notice Period: As stipulated in your MOHRE contract, you are required to serve a 1-month notice period. Your employer is legally obligated to accept your resignation once this period is fulfilled.

- Visa Expenses: Employers cannot demand reimbursement for visa-related costs unless explicitly stated in your employment contract. If no such clause exists, this request is unlawful.

- Passport Retention: Withholding an employee’s passport is a violation of UAE law. Your employer must return it immediately upon visa cancellation.

2. Visa Cancellation Process

To ensure compliance, follow these steps:

1. Submit a Formal Resignation Letter:

- Clearly state your intent to resign, citing health reasons (no medical proof required unless specified in your contract).

- Confirm your willingness to complete the 1-month notice period.

2. Employer’s Responsibilities:

- Initiate visa cancellation through the General Directorate of Residency and Foreigners Affairs (GDRFA) or the relevant free zone authority.

- Settle all dues (outstanding salary, accrued leave, etc.) and issue an End of Service Entitlement document.

3. If Employer Refuses Cooperation:

- Escalate the matter to MOHRE by filing a complaint via their toll-free hotline (80060), mobile app, or website.

- Provide supporting documents (contract, resignation letter, proof of passport retention).

3. Labor Court Timeline and Procedures

Should mediation through MOHRE fail, the case will proceed to the Labor Court.

- Mediation Phase: MOHRE typically resolves disputes within 14 days.

- Court Proceedings:

- First Hearing: Scheduled within 22 days of filing.

- Final Verdict: Usually issued within 90 days, contingent on case complexity.

Potential Outcomes:

- Mandatory visa cancellation without penalties.

- Compensation for unpaid wages or illegal deductions.

- Enforcement of passport return by authorities.

4. Recommended Actions

- Document All Communications: Retain copies of your resignation letter, employer correspondence, payslips, and contract.

- File a MOHRE Complaint Promptly: Early intervention minimizes delays.

- Seek Legal Counsel: A labor law specialist can streamline the process and ensure adherence to procedural requirements.

Conclusion:

By adhering to these steps, you can safeguard your rights under UAE labor regulations while resolving the matter efficiently. For urgent assistance, contact MOHRE directly or consult a legal professional.

Should you require further clarification, please do not hesitate to reach out.

Best regards,