Employer may cancel visa if staff has been out of UAE for half a year
The employer should obtain a signed work permit cancellation letter from the employee.
Q-My previous employer was supposed to cancel my visa while I was still in the UAE. He did not. I had served my notice period after resignation, but I had to travel out of the country because of an emergency. Since I have already resigned and completed the notice period (my dues have also been cleared), can my previous employer cancel my visa without me travelling back to the UAE?
A-We assume that you have already signed the work permit cancellation document with your employer before traveling out of the UAE on emergency.
It may be noted that an employer needs to cancel their employee's work permit by approaching the Ministry of Human Resources and Emiratisation (Mohre) and, thereafter, proceed to cancel the residence visa with the General Directorate of Residency and Foreigners Affairs (GDRFA).
Prior to applying for the cancellation of work permit at Mohre, the employer should obtain a signed work permit cancellation letter from the employee, stating that the he or she has already received all of remuneration and end-of-service benefits.
If an employee has not entered the UAE for a continuous period of more than six months, then the employer may cancel the employee's residence visa by submitting a work permit cancellation and a report obtained from the GDRFA, which may confirm that the employee has been out of the country for more than half a year.
In the event that the employee has not been out of the UAE for a continuous period of six months, the employee may travel back to the country with his or her existing residence visa and submit the original passport to the employer for the cancellation of residency.
KNOW THE LAW
If an employee has not entered the UAE for more than six months, the employer may cancel his or her residence visa by submitting a work permit cancellation and a report obtained from the GDRFA.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: firstname.lastname@example.org or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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