Employment Visa Cancellation in UAE: A Guide from QSM
Employment Visa Cancellation in UAE: A Guide from QSM
Navigating the complexities of employment visa cancellation in UAE requires a thorough understanding of the processes and regulations. Here is a detailed guide by QSM to assist employers and employees through the visa cancellation process, ensuring compliance with UAE labor laws and avoiding any potential pitfalls.
Table of Content
Who Can Cancel an Employment Visa in UAE?
In the UAE, the visa cancellation process must be initiated by the sponsor, which is typically the employer. An employee cannot unilaterally decide to cancel their visa; this action must be coordinated and approved by their sponsor to ensure proper procedural compliance.
Steps for Employment Visa Cancellation in UAE
Initiation by the Sponsor
The sponsor (employer) must first submit a cancellation request. This involves providing all necessary documents, including the employment card and the contract, to the Ministry of Human Resources and Emiratization (MOHRE).
Documentation Requirements
- A duly filled visa cancellation form signed by the sponsor.
- The employee’s original passport and Emirates ID.
- A copy of the company’s trade license.
- Any additional documents as required by MOHRE or the respective immigration authority.
Visa Cancellation Locations
- Visits can be made in person at the General Directorate of Residency and Foreigners Affairs (GDRFA) or through its online portals, depending on the emirate.
- MOHRE also provides facilities for processing cancellations.
- Visit QSM document clearing service center for hassle-free cancellation process
Steps for Employment Visa Cancellation in UAE
Initiation by the Sponsor
- The sponsor (employer) must initiate a cancellation request.
- Submit all required documents to the Ministry of Human Resources and Emiratization (MOHRE).
- Necessary documents include the employment card and the employment contract.
Documentation Requirements
- A duly filled visa cancellation form signed by the sponsor.
- The employee’s original passport and Emirates ID.
- A copy of the company’s trade license.
- Any additional documents as required by MOHRE or the respective immigration authority.
Visa Cancellation Locations
- Visits can be made in person at the General Directorate of Residency and Foreigners Affairs (GDRFA) or through its online portals, depending on the emirate.
- MOHRE also provides facilities for processing cancellations.
- Visit QSM document clearing service center for hassle-free cancellation process
Important Considerations
- Processing Time: Employment visa cancellation in UAE usually takes 1 to 5 business days, subject to the efficiency of government services.
- Penalties for Early Cancellation: Cancelling a visa before the contract term can include penalties, which necessitates careful consideration and planning.
- Post-Cancellation Procedures: Once a visa is cancelled, employees should be aware of the need to exit the UAE within a specified grace period or transition to a new visa if continuing employment in the UAE.
Additional Services and Considerations
- Grace Period and Re-entry: Following employment visa cancellation in UAE, a grace period is generally allowed for the individual to either exit the UAE or adjust their visa status. Failing to adhere to this period could lead to fines or re-entry bans.
- End-of-Service Benefits: Employees should ensure that all end-of-service benefits are settled as per UAE labour laws, which include the final paycheck and any accrued benefits.
Employer Responsibilities
Employers have significant responsibilities during the visa cancellation process, including ensuring that all employee rights are respected and that the process is conducted transparently and fairly. This includes providing necessary support for employees to navigate their post-cancellation options, such as returning to their home country or securing another employment opportunity in the UAE.
Get Your Employment Visa Cancellation in UAE
Understanding and following the correct procedure for employment visa cancellation in UAE is crucial for maintaining legal status and ensuring eligibility for future employment. With QSM, you can trust that your visa cancellation process will be managed with expertise and care. Contact QSM today or fill out the form, so our experts can assist you.
What are the steps to terminate an employment visa in UAE?
To cancel an employment visa, a company must first submit a request to the Ministry of Human Resources and Emiratisation to terminate the employee’s labor contract and labor card, which requires the employee’s signature as part of the process.
What are the new rules post-visa cancellation in the UAE?
This includes organizing and processing the paperwork that people and companies need to meet corporate, legal, and regulatory needs. These services can consist of business documentation, help with immigration and visas, processing legal documents, and customized document solutions to fit individual clients’ needs.
How long can an employee stay in the UAE after visa cancellation?
Under the current law, individuals can remain in the UAE for 30 days after their employment visa is canceled. This 30-day period begins from the date the cancellation application is processed and approved. The visa expiration date can be verified in the application letter provided.
What can I do if my employer won't cancel my UAE visa?
If an employer refuses to cancel an employee’s residency visa, the employee has the option to file a complaint with the labor department to resolve the issue.
Is it possible to exit the UAE without notifying my employer?
Leaving Employment Without Notice: Employees sponsored by an employer in the UAE who leave their job without serving the required notice period or informing their employer will be reported as absconding.
What occurs if a company fires you in the UAE?
In the UAE, if an employer terminates an employee, the employee retains the right to claim gratuity, unpaid wages, and notice period dues. Additionally, they may be entitled to compensation if the termination occurs without proper notice.
Can an employer keep my passport after visa cancellation in the UAE?
In the UAE, withholding an employee’s passport is strictly prohibited and considered a punishable offense under Ministry of Interior (MoI) Circular No. 267 of 2002.
Is it possible to rejoin a company after being terminated?
Reapplying after termination depends on the situation and the company’s policies. If you parted on good terms, you might be eligible to reapply immediately. However, if there were conflicts or issues, it’s advisable to wait a few months to allow time for the situation to settle before reaching out again.
Is it possible for my employer to cancel my UAE visa without my consent?
When a company chooses to cancel an employee’s employment visa, it must submit a request to the Ministry of Human Resources and Emiratisation to revoke the employee’s labor contract and labor card. Additionally, the employee’s signature is required on the application for cancellation.
