You may get temporary UAE visa if a case is ongoing

You may request your new employer to apply for your work permit and employment visa.

Q-I filed a case against my company for my pending salary and end-of-service benefits. Since 2018, the case is ongoing at a Dubai court. My visa expired on April 23, 2019. Who will be responsible for the overstaying fines? Will it be me or my company? Is there a legal way for me to stay on and fight my case? If I get a new job, what is the procedure to apply for and get the visa?
A-It is understood that you had filed an employment case against your employer, claiming your unpaid salaries and end-of-service benefits, and the case is still pending at the Dubai Court. As your employment visa expired on April 23, you are eager to know if your employer should be held responsible for the overstay fines. Further, you want to know if you can legally stay in the UAE while the employment case is still pending in court and what legal procedures are required to apply for a UAE visa once you find a new job.
It may be noted that upon the expiry of an employment visa, the employee may continue to legally stay in the UAE for a maximum grace period of 30 days from the date of expiry, without any overstay fines. Staying in the country beyond the grace period incurs a penalty for the visa-holder and not for the employer.
However, if there is an employment case which is pending at a court in the UAE, an employee may continue to stay in the country until the case is finally dismissed. As you are a party to a pending employment case, you require an authorisation from the court to continue to stay in the UAE until the end of litigation. Hence, you may immediately apply for such an authorisation. Subsequently, in order to justify your reason for staying in the country and avoid the payment of penalties, you may approach the office of the General Directorate of Residency and Foreigners Affairs (GDRFA) and present the authorisation from the court, along with the documents pertaining to your employment dispute.
Further, it may be noted that a temporary work permit, usually with a six-month validity, is issued by the Ministry of Human Resource and Emiratisation (Mohre), allowing the employee to take up a job and sustain his livelihood during the period of the ongoing litigation. In line with this, it may be noted that upon the expiry of one's original employment visa, one may continue to work, subject to the approval of the court. Hence, once you get a new employment, you may approach Mohre and apply for a temporary work visa.
On the other hand, if you find a new, full-time job, you may request the court to issue a letter to cancel your work permit and employment visa with your existing employer, and this shall be submitted to the GDRFA and Mohre.
Then, you may request your new employer to apply for your work permit and employment visa. While the employment case that you have filed will continue, getting the new job will have no effect on your case, upon following the procedures.
KNOW THE LAW
The Ministry of Human Resource and Emiratisation may issue a temporary work permit, usually with a six-month validity, to allow the employee to take up a job and sustain his livelihood during the period of the ongoing litigation.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates, Dubai. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.