If you’ve had an absconding case filed against you in the UAE, you might be wondering if it can be removed, especially after your visa has been cancelled. Absconding cases can lead to serious legal issues, including bans and fines, making it important to resolve them properly. In this blog, we’ll break down what an absconding case is, how it affects your visa status, and whether it can be removed after cancellation.
What is an Absconding Case in the UAE?
An absconding case is filed when an employer reports that an employee has been missing from work for more than seven consecutive days without informing them. This is considered a violation of UAE labour laws, and the employer can officially report the employee as “absconding” to the Ministry of Human Resources and Emiratisation (MOHRE).
Once an absconding case is registered:
- The employee’s visa becomes invalid.
- The person may face a work ban, travel ban, or even legal action.
- Immigration authorities may block a person from entering the UAE in the future.
Does Visa Cancellation Remove an Absconding Case?
No, visa cancellation does not automatically remove an absconding case. If an absconding report has been filed, it remains in the system even after the visa is cancelled. This means that even if your visa expires or is cancelled, you could still face legal restrictions unless the absconding case is officially removed.
How to Remove an Absconding Case After Visa Cancellation?
If an absconding case has been filed against you, it can be removed under certain conditions. Here’s what you can do:
1. Contact Your Employer
- If the case was filed by mistake or misunderstanding, your employer can request its removal.
- Some employers might agree to withdraw the case if you settle any pending dues or clear misunderstandings.
2. File a Request with MOHRE
- If you believe the absconding report was unfair, you can visit a MOHRE office and submit an appeal.
- You may need to provide proof that you were not absent without reason (e.g., medical reports or travel documents).
3. Use Document Clearing Services
- Professional document clearing services in the UAE can help navigate legal formalities and communicate with authorities on your behalf.
- They can assist in preparing legal documents, filing requests, and negotiating with the employer.
4. Seek Legal Assistance
- If the employer refuses to withdraw the case, a legal expert can help challenge it in court.
- In some cases, a humanitarian appeal can be submitted if the situation is beyond your control.
5. Apply for a Settlement Program
- The UAE government sometimes offers settlement programs to clear labour disputes.
- If eligible, you may be able to pay fines or reach a resolution that removes the case.
What Happens If the Case is Not Removed?
If the absconding case is not removed:
- You may face a labour ban (usually for one year).
- You might not be able to enter the UAE again.
- Legal action, including fines and deportation, could be enforced.
Final Thoughts
Having an absconding case after visa cancellation in the UAE is a serious issue, but it can be resolved if the right steps are taken. Whether through employer negotiations, MOHRE, or legal assistance, there are ways to remove the case and clear your record.
If you need expert guidance, QSM document clearing services in the UAE can help ensure that your case is handled correctly, allowing you to move forward without legal complications.
Got questions? Let us know, and we’ll help you with the right solutions!
