No-objection letter is key to switching jobs
Simon Straw of Dubai asks: I have an MBA (Masters in Business Administration) with attested certificates and am currently employed in Dubai on a manager's visa. I took up a new job six months ago but I am not quite satisfied and wish to move. Could I be banned if I do so? Will it matter if I join a competitor, as it is difficult for me to move outside the industry I work in?
The issue depends on your employer and the type of contract you have signed with him; other than that you can change your job if the company issues a no-objection letter in your favour.
Six-month ban
Shaukat Ali Khan of Dubai asks: I have just completed six months in my job and would like to join another company in a free zone. Will the ban apply to me if the company objects to my leaving? If so, what could be the maximum period of the ban? Please advise me.
As per the provisions of the residency law, a work permit is cancelled once a contractual relationship with an employee is terminated.
In such an event, no work permit or entry visa for the purposes of work is permissible to be issued, until six months from the date of leaving the UAE.
These provisions are applicable to all professions specified in the mentioned law, including but not limited to doctors, pharmacists, nurses and auditors.
Nevertheless, an employee who is not included under the said category may transfer his employment visa to a new employer provided he obtains a no objection letter from the former employer.
The letter has to be submitted to the Residency Department for an exemption of the six month ban. These provisions are applicable to inland as well as free zone entities.
Visit visa during ban
Priya Venkatesh of Dubai asks: Is it true that in a six-month ban period, upon completing four months of that ban period, there is a possibility of securing a visit visa for that person? Please clarify as my husband is on a six-month ban, and he has completed five months and I want to apply for his visit visa.
In practice, there is no possibility of securing a visit visa before the ban period expires. However, if your salary is more than Dh5,000 you can sponsor your husband on a visit visa even during the ban period.
Furthermore, if your salary is more than Dh6,000 you can sponsor your husband on a residence visa.
Work permit
Rose Mathew, Dubai asks: I am on my husband's visa and worked for a company for two months with a work permit. Due to personal problems I had to cancel the work permit. Is there any problem in obtaining a work permit from a new company? Is there a time limit for a cancelled work permit? Is there any ban for a worker who is under her husband's sponsorship?
The company cannot impose an immigration ban on you since you are on your husband's visa.
However, they can impose an employment ban through the Ministry of Labour to prevent you from working for another employer for a period of not less than six months and not more than one year.
Increasing rent
Sankara Raman Diwakar of Dubai asks: Increase in rentals for residential apartments is a concern for expatriates. My colleague's landlord (agent) has given notice increasing the rent from Dh24,000 to Dh40,000 for a one-bedroom flat in Karama and municipal taxes have to be paid by the tenant. I am aware the option is to take it or leave it. But I just wanted to know if there is a way out, or at least if there is a way of making a representation against such demands.
The Rent Committee in Dubai Municipality is the regulatory body in the emirate of Dubai, which regulates the relationship and disputes relating to rental relationship. Hence, the reader has to approach the rent committee in this regard.
Sponsoring family
Yasir Tanveer, Dubai, asks: What kind of documents will be required to sponsor my wife and daughter from Pakistan. I have a family status agreement.
To sponsor your wife, you will need an authenticated marriage certificate consularised at the embassy responsible for the affairs of the country where the certificate was issued.
A copy of the certificate along with a copy of the passport and six passport size photographs will have to be submitted to the Department of Naturalisation and Residency.
The department will issue the residency. For your daughter, you will require an authenticated copy of her birth certificate consularised at the embassy responsible for the affairs of the country where the certificate was issued.
A copy of the certificate, along with a copy of the passport copy and six passport size photographs, will be submitted to the Department of Naturalisation and Residency.
The department will issue the residency. In both cases you need to attach your passport copy as well as a salary certificate.
Residency for father
Palitha Iddamalgoda of Dubai asks: I work in Dubai Internet City as a software engineer. My wife and two children also live in the UAE. My brother and his family also live in the UAE. My mother is living in Australia with my sister until September 2005. Is it possible for me to get a residence visa for my father who is currently staying alone in my home country?
Yes, you can sponsor your father on a visit visa, if your salary is net Dh5,000. If your salary is Dh6,000 or more your parents can have a residence visa. In this case a guarantee must be paid to the Immigration Department of Dh5,000 for each person.
Gratuity calculation
Aijaz Ijaz Bashir of Sharjah: I have worked for a three-person organisation for the last four years. Am I entitled to a gratuity and by what percentage?"
Yes, you are entitled to severance pay (gratuity) and such a gratuity is calculated as follows:
14 days basic salary for each year of your service. In general, gratuity is calculated as follows:
21 days remuneration for each year of the first five years of service,
30 days remuneration for each additional year of service provided the aggregate of severance pay does not exceed 2 years' remuneration.