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There are two types of courts in the UAE, ie, federal (the Emirates of Abu Dhabi, Sharjah, Fujairah, Ajman, and Umm Al Quwain) and local (the Emirates of Dubai and Ras Al Khaimah, which have retained their independent judiciaries). Both federal and local courts comply with the UAE Temporary Constitution of 1972. Both federal and local court systems are composed of three levels, ie, courts of first instance, courts of appeal, and the Federal High Court in Abu Dhabi or the Court of Cassation in the Emirate of Dubai. In the Emirate of Ras Al Khaimah, the judiciary is of two levels only, ie, courts of first instance and a court of appeal.
The Civil Procedure Act regulates the jurisdiction of the federal courts, their formation, and level in the hierarchy. The Act is applicable to all civil proceedings before the courts, ie, civil, commercial, and personal. Although the courts in the Emirate of Dubai are formed under and regulated by Act Number 3 of 1992, the Civil Procedure Act has been adopted and enforced in Dubai pursuant to Act Number 5 of 1992.
What are the procedures of Employment Visa cancellation in Dubai?
Required Documents:
* Original Passport
* Original Labour Card (Work Permit)
* Original E-signature card of authorized signatory
* Trade License copy
* Labour Establishment Card copy
* Immigration Establishment Card copy
* Typed Application (separate application for Labour & Immigration )
NOTE: Payment should be made through E-Dirham Card at Thas’heel Centre. You can Buy E-Dirham Card from any branch of National Bank of Abu Dhabi or from Aafaq Islamic Finance Company found at Thas’heel branches. Take your Emirates ID & Passport copy to for E-dirham Card.
STEPS TO FOLLOW
1. Type application forms. Put company seal and signature of the sponsor on Immigration application. On labour form signature of the sponsor will come through E-signature card punching.
2. Employee’s signature required on labour application under his statement I certify that i received all my dues and entitlements.
NOTE: Employee should not sign before receiving his dues, if any.
3. Submit the labour form at Tas’heel Centre and attach the receipt with Immigration form and submit at the Immigration counter along with original passport. Labour Card cancellation can be completed at Tas’heel Centre. No need to go to Ministry of Labour.
NOTE: You must cancel your visa in the passport within 30 days from the date of labour card cancellation. You cannot fly before cancelling your visa. 30 days grace period from the date of cancellation counts from the date of Labour Card Cancellation.
4. Original Emirates ID Card should be attached with Cancellation application. If it is lost, IDN Certificate will be accepted. To get IDN Certificate, go to Emirates ID Centre with original passport and they will issue the certificate for free of charge.
NOTE: If the applicant has dependents (spouse, children, maid) under his/her sponsorship, their visa must be cancelled before canceling his/her visa in the passport. Or If he has got new Employment Visa/Investor visa offer, he can deposit at immigration office to avoid canceling his dependents visa. Once his new visa stamped. To deposit, the applicant has to take his original passport, cancellation slip of Labour Card, offer letter in Arabic from new sponsor and original passport of dependents to immigration head office in Jaffiliya.
REFUND PROCEDURES
* Take original deposit receipt, your passport and new labour contract to Refund Counter at Immigration Head Office in Jafiliya. If you are an Investor/Partner, show your new visa stamped passport.
* Get no objection for refund seal from the counter and go to Dubai Commercial Bank (next to Immigration building) and collect the cash. Bank will charge as commission.
Immigration Main Branch
Bur Dubai, Karama
Phone: 04-398000
Customer Service: 04-3139999
AMER Service: 800 5111 (Immigration Call Center)
There are 60 days grace period for Labour Card from the date of expiry, and 30 days grace period for Visa in the passport. Applicant can stay in UAE 29 days from the date of cancellation if his visa was not expired at the time of cancellation. If the cancellation done during the grace period, remaining days will be allowed to stay without fine. If the cancellation done during overstay period, 6 days will be granted from the date of cancellation.
Fine will be calculated for Residence visa overstay if change status inside the country. Fine can be paid at Immigration or Airport at the time of exit.
Six months Ban will be put at the time of Employment Visa cancellation if he/she didn’t complete two years with the sponsor. This ban is applicable for Employment Visa only. He/she can apply for Visit/ Tourist/ Transit/ Investor/ Partner/ Spouse/ Free Zone Visa. To know conditions to apply employment visa during ban period click here.
Frequently Asked Questions
Q: How much time will be required to resolve the dispute if I approach the Ministry of Labour to cancel my visa, since my employer is refusing to cancel my visa after I gave in my resignation (which he refused to accept) and I will complete my 30 days notice period.
A: If there is no dispute regarding the dues between you and employer, and you are only approaching the Ministry of Labour to cancel your visa upon completion of the notice period, in this case, the cancellation procedures may be completed by the Ministry of Labour within almost two weeks.
Worker gets 30-day grace period after visa cancellation
Q: I came to Dubai on an employment visa in December 2011. However, the company I signed up for was not particularly to my liking and so I told them to cancel my visa. However, I have not been for a medical examination in this time, and the visa too was never stamped on my passport. My questions are: 1. How many days can I stay in the UAE after cancellation of my visa? 2. Shall I attract a one-year ban? 3. Is there any chance to come back on an employment visa after exiting the country in case the Ministry of Labour places a ban on me? Note that I had not started working at the company.
A: The questioner may stay in the country for 30 days after cancellation of his visa. A one-year ban might be imposed if the sponsor has made such a request on the grounds that the questioner has not started work with the company and thus caused a loss to the sponsor. Therefore, in the event of a ban being imposed on the questioner, the questioner may not enter the country on employment visa immediately, but only after finishing the ban (GN).
