Living In UAE

UAE: I resigned during my expired visa’s grace period, who pays overstay fines? My company or me?

The reader’s resignation was served during the 30-day grace period for visa renewal

Published: August 28, 2020 08:48 Huda Tabrez, Living in UAE Editor

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If you submit your resignation during the grace period for your employment visa renewal, who is liable to pay any overstay fines that may be incurred — A Gulf News reader raised a query regarding his recent resignation. Image Credit:

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The reader was on a limited contract — The reader submitted his resignation and served a one-month notice period. Image Credit:

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My visa had already expired on June 20, 2020 — The visa had not yet been renewed by the company. Image Credit:

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My visa was cancelled on August 13, 2020 and now my visa cancellation is mentioning that my grace period has already ended on July 20 — Image Credit:

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I had to pay the pending fines from July 20, 2020 till August 11, 2020 — The reader worked during the grace period and a few more days on the company's request. Image Credit:

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I had to pay the pending fines from July 20, 2020 till August 11, 2020 — "Please advise if these fines are on company's responsibility and if I have the right to claim the same," the reader asked. Image Credit:

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Dr Hassan Elhais, legal consultant at Dubai-based Al Rowaad Advocates and Legal consultants — Gulf News raised the query with Dr Hassan Elhais, legal consultant at Dubai-based Al Rowaad Advocated and Legal Consultants. Image Credit:

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The UAE Federal Law on Entry and Residence of Aliens provides under Article 19 — The UAE's laws clearly state that an individual must leave the country upon cancellation or expiry of a permit. Image Credit:

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Article 21 of same law — Failing to renew your permit or exit the country would lead to fines. Image Credit:

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he shall be liable to a fine up to Dh100 dirhams per each day from the expiry of the aforesaid period — The ICA, however, announced several extensions during COVID-19. Image Credit:

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of the grace period granted to residency violators along with fine exemptions during the pandemic — Image Credit:

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your visa expiration and cancellation was during this exemption period and therefore you may be eligible to seek exemption of the fine — The reader's visa expiry and cancellation happened during the grace period announced by the UAE's authorities. Image Credit:

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Article 117 of the UAE Labour Law stipulates a minimum notice period of 30 days — Serving a notice period is also required as per UAE Labour Law. Image Credit:

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an employee resigns, he or she is obliged to serve the notice or pay a compensatory amount — Unless an employer clearly states that you do not need to serve a notice period, a 30-day notice is required. Image Credit:

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serving your notice period is your contractual obligation towards your employer — Image Credit:

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Employer perspective — The employer may saw that the visa was not renewed because of the resignation. Image Credit:

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Considering the ICA measures you may request for a fine waiver — However, the reader can reach out to the relevant authorities to enquire about the fines. Image Credit:

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follow up with them to better understand as to why you did not receive exemption from the fines — Image Credit:

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the employee did resign during the grace period for his visa renewal — Image Credit:

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For Dubai visas, individuals can contact Amer centres on 800 5111. For other emirates, they can contact the ICA on 600 5222 22. — Dubai - 800 5111, ICA - 600 5222 22. Image Credit:

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