Visa Cancellation

Do employers have the right to put a hold on cancelling a visa?

  • Published: 12:58 November 22, 2009

SUBJECT
Passports and visas

Visa and Passport
  • Image Credit: Supplied

A reader from Dubai asks: My wife and I are working in a private polyclinic for the past one year and nine months. Our visas are provided by the polyclinic. Recently, the Ministry of Health has called both of us to work for them as soon as possible and they have given us less than 10 days to settle everything for our visa cancellation. In our polyclinic, we are the only licensed nurses left and our employer, as we have spoken, told us that he won’t cancel our visas unless there will be another licensed staff to replace us. Getting another licensed staff for our polyclinic will take a long time. My questions are:
 1. Does our employer have the right to hold or not to cancel our visas unless there will be a replacement for us?
2. What are our chances legally that our present employer will be able to cancel our visas the soonest?

Kindly advise me what I have to do for our visas to be cancelled.

The questioner and his wife may submit a resignation in writing to the employer and tell him that they are ready to either work within the notice period or to pay compensation for the notice period, provided that he allows them to leave work immediately and complete the cancellation procedures within ten days (as mentioned by the questioner), provided the sponsor accepts such an offer and if the questioner’s contract is for an unlimited period.

But if the questioner and his wife’s contracts are for limited period, they may submit their resignation without the need to work within the notice period and thereafter he may compensate the employer an amount equivalent to 45 days’ salary, provided that the employer completes the visa cancellation procedures quickly.

In the event of refusal and non-response of the employer after conducting the above procedures by the questioner, he may file a complaint before the Ministry of Labour and seek a solution to such a problem speedily so as not to miss the job opportunity for himself and his wife with the Ministry of Health. If the employer rejects the amicable solution, the Ministry of Labour will refer the complaint to the competent court as per request from the parties. Therefore, the questioner might not need to compensate the employer unless the employer proves before the court that such immediate resignation has caused him some loss if the contract of the questioner is for limited period.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants .

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