Work permit issued but job offer from another FZ company

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Work permit issued but job offer from another FZ company

Postby moeenamu » 23 Jan 2015, 18:04

Dear All,
one employer has taken pre work permit approval from MOL but I dont want to join that comany. Employment visa still not issued. I am in Dubai on cancelled visa.

Can I go to free zone company in Jafza dubai. One Free zone company are ready to higher me but they are not sure that they will get immigration approval or not.

Please suggest/ how to cancelled pre approval.

Thanks
moeenamu
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Re: Jebel Ali Free Zone job offer

Postby shawarma » 23 Jan 2015, 23:49

In this sort of situation there are two possible problems.

1. A labour ban.
2. Getting a new employment entry permit (employment visa) issued. This is not the same as a work permit (labour card) or residence visa.

1. As long as a residence visa and work permit application has not been started, you can take up another job offer without any labor ban being imposed. Once the residence visa process has started, then you are employed, and if you quit, an automatic 6 month labour ban will usually apply, possibly 1 year if you have worked for less than one year or broken a fixed term contract.

That doesn't really apply in your case, but I'm adding that for other readers of this topic who might be in that situation.

2. As long as a valid employment entry permit is in the UAE immigration system (or any sort of entry visa), any new visa application under the same name will automatically be rejected.

Normally an entry permit is valid for 2 months or 60 days before it must be used, if it is not used during that time it automatically expires, and you can then apply for a new entry permit or visa.

If a company has applied for an employment visa and it has been issued, but you don't want to use it, you cannot cancel it yourself. However, the company can apply to the immigration department to get it cancelled.

If the company has not applied for an employment visa yet, then your new employer should be able to apply for one and get your name in the system before your previous employer does. In which case, their application will be blocked.

I don't think any of the above is different for free zone companies versus mainland companies.

I'm not familiar with the term "pre work permit approval from the MOL" with respect to the UAE visa and work permit process.

You could contact your first employer and say due to a sudden change in personal circumstances you are unable to take up their job offer and could they please not go ahead with the visa application, or cancel it if they have. Don't tell them you have another job offer.

Before or after (perhaps before), suggest to your second employer that they file an application for your employment entry permit as quickly as possible. You'll soon find out if it's possible or not.

You could also contact the MOL and DNRD to see what entry permit, if any, is in their system under your name.

http://www.dubaifaqs.com/dnrd.php
http://www.dubaifaqs.com/jobs-in-dubai.php
http://www.dubaifaqs.com/ministry-of-labour-uae.php
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Re: Work permit issued but job offer from another FZ company

Postby moeenamu » 24 Jan 2015, 12:20

thanks alot for your prompt reply.

I have requested many time and personally met with management to cancel work permit approval but they are not ready. they are forcing me to join their company. They took only pre work permit approval, they did not paid even work permit fees. I checked with immigration, no work permit is issued on my name. I am still on cancelled visa. visa status not change.

My freezone company applied for me on urgent basis. I checked with immigration they are saying it is under process. I am afraid if it is rejected. How much time generally it is taking to take immigration approval. I am expecting immigration approval till Sunday or Monday.

Can I call you, if you can give me your mob. Your suggestion will be very helpful for my career, my life. Thanks so much.

Regards
[edit]Personal information removed. Please see forum rules.[/edit]
moeenamu
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Re: Leaving one employer before work permit issued

Postby shawarma » 24 Jan 2015, 13:37

Nobody can force you to work for a company here, although there are many ways in which employers try and make things very difficult for you.

If the process has started for the new company then play along with the first company until you get the visa issued. When that happens, then inform the first company that you are very sorry but due to a sudden change in personal circumstances you are no longer able to work for them. If they refuse to accept this, it's their problem, not yours. Unless you leave some personal belongings with them, your passport, or they owe you money, but try to get that sorted out first.

Employers in the UAE don't generally have time or interest to go chasing after employees who disappear unless they really want to, or are given a really good reason to chase them (need to cancel a visa and work permit for example but then they need to file a complaint that an employee has absconded). Don't give them a reason.

I still don't know what a "pre work permit approval" is. Perhaps it's something your employer has made up to persuade you to work for them. Call the labor department and ask if they have done that for you.

Personally from what you have described, I would just stop going to your first employer's place of work, and stop communicating with them. You are not even here under their sponsorship.

If they have your passport, then that changes some of what I say, but only from the point of view that your first priority is to get the passport back from them before you do anything else.

Ask the immigration department how long it takes for urgent cases. I guess a few days.

I only communicate through this forum. Anyway, you are better off calling the MOL or a lawyer than talking to me. I am only one person with an opinion, not an authority on anything.

http://www.dubaifaqs.com/passport-keeping-employer-uae.php
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Re: Work permit issued but job offer from another FZ company

Postby moeenamu » 24 Jan 2015, 14:14

Thanks alot for your quick reply.

My passport is with me & I dont have any money issue with them even I am ready to give some compensation to cancel this work permit but even though they are not ready. All the time they are saying to join the company. I did not join the company yet.

I check with MOL & Tasheel, application is there. It is showing online.

On the form it is showing, Transaction type - Pre Approval for work permit, Status- Yes

I tried to cancel from TASHEEL but they are asking E-Signature to cancel. without E-Signature it can not be cancel.

I also check with lawyer, they are saying to make complain in MOL. If employer is not ready to cancell then only one way to file a complain in MOL they will resolve your issue. I tried to file complain in MOL but I thin it will take long time to resolve the isse. My cancel visa will expired on 5th February thats why I am avoiding to complain in MOL. Is any fast track in MOL to resolve the isse.

Thanks alot for your reply.
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Re: Tasheel employment visa cancellation

Postby shawarma » 24 Jan 2015, 21:55

From Tasheel website (tasheel.ae):

Online Cancellation: This application is used when an employer seeks to cancel the labour card and contract of an employee (who no longer reports to the employer). The cancellation can be signed electronically or manually depending on whether the company has an electronic signature.

From which my understanding is that only the employer can cancel the labor card, not the employee.

Ok I think I understand the pre-approval term now. Sounds to me like your employer has submitted the application and it has been accepted. Which means the process has started, so then I think either you need the employer to cancel it, or wait until the employment visa is issued, then wait for it to expire (60 days) before a new application can be submitted.

Which doesn't help you much.

Your new employer could try filing an application. If it goes through then you should be fine. If it gets bounced, then you have to get the first application cancelled by that employer.

You could overstay your cancelled visa. If it was a residence visa I think the fine is only AED 20 per day (check with the immigration department to confirm that), not AED 200 per day as it is for a tourist or visit visa. But that's not a good situation to be in.

My guess is filing a complaint with the MOL is a slow process, but perhaps that your best choice out of several bad options. At least call them and ask them what the procedure is and how long it takes, or if there is a fast track option.

Stress to your first employer that you are not going to work for them, and you are prepared to pay any cancellation fees required. They can't force you to work for them. All they are doing now is wasting their time and money.
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Re: Work permit issued but job offer from another FZ company

Postby moeenamu » 25 Jan 2015, 00:00

Thanks alot.

I checked with MOL, they are handling all complain in one procedure. There is no fast track. Only one way, AED 50 typing application in Arabic & submit in complain section at first floor in MOL. The counter man will take your application & he will send SMS to both party with complain detail & meeting date may be after 2 to 3 weeks. If both party will come on time then may be matter resolved, if other party absent then you need to wait further for next date.

I have checked all possible way with first employer but they are not ready to cancelled. Now my hope only to accept application from FZ company. If it is accepted then everything will be fine, if it is rejected then I have to join first employer which I dont want, but because of situation & liabilities I have to join first company.

Thanks you very very much.
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Re: Labour ban and employment visa expiry

Postby shawarma » 25 Jan 2015, 17:53

It might be worth paying the AED 50 to file a complaint. It's possible the company doesn't turn up to a meeting, I've heard that happens as a way for a company to avoid an issue, I don't know how common it is. But the reason for filing a complaint would not be for it to be resolved, but for you to be able to stay in the UAE legally, without working for that employer, because you are waiting for the case to be heard. I don't know if that's a realistic option, it's just an idea. Check with the labour or immigration department what your visa status would be in that situation.

It might also prompt the employer to reconsider their behavior towards you.

Something else to consider.

If you start working for the first company, and work permit and residence visa are processed, then you will get an automatic 6 month labour ban if you leave within 2 years, possibly 1 year ban if you leave within 1 year.

If they don't process work permit, and they shouldn't be able to if you don't use the employment visa issued for them, then as far as I know, you don't get any labour ban if you don't take up employment with them.

But then you do have to wait 2 months after it has been issued, for it to expire, before a new visa application can be made.

Contracts are agreements between 2 parties, and renegotiated when circumstances change. There are penalties and costs involved to reduce negative effects on one party when the other party wants to get out of the agreement. But they are not blood oaths set in stone, which is what your employer seems to think they are. However, highly unlikely your employer would view it like that if they wanted to get out of it.

http://www.dubaifaqs.com/visa-ban-uae.php
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Re: Work permit issued but job offer from another FZ company

Postby moeenamu » 01 Feb 2015, 10:33

Hi,

I still not got visa. two employer applied one from Free Zone & other through labor per approval. both application active in immigration

I checked through immigration. They are saying two company applied for my visa and i have to request to cancel one employer. As I explain in previous discussion I want to join free zone company but unfortunately I am not getting visa, all the time immigration service center saying it is under process.

I also made complain for the employer who took my work permit approval. MOL gave me date after 2 weeks. It is very difficult to wait for two week. MOL not listening any urgency of the case. They are just following procedure. They saying come on date only then they will entertain the matter. I am afraid if employer will not come on date, this extend next appointment. I am suffering only, I can not join any other company because of above issued, i am jobless now and my cancel visa grace time expiring this week. After MOL complain does company facing any problem, account block or any other thing so that they will come on date to close the matter.

Please suggest any other way to get out from this situation.

Thanks alot.
Mohammad Moeen
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Re: Visa expiry while waiting for MOL case

Postby shawarma » 01 Feb 2015, 18:25

Contact the immigration department to explain you have filed a case with the MOL but the MOL won't give you a date before your grace period expires, so could they please extend the grace period or explain what you should do while you are waiting for the case to be heard.

I don't know how common it is for companies not to turn up at case hearings but it does happen. There's not much you can do about it since it is the MOL that is supposed to deal with that. Anecdotal stories sound like the MOL just assigns another date leaving the employee to hope for the best.

At least you know that after two months the first employee visa should expire and automatically be cancelled as a result. I can't think of anything else you can do to hurry up the immigration department or MOL, unless you have enough wasta to talk to people in higher positions.

In the meantime keep searching for other jobs in case something happens and the second offer is withdrawn.

http://www.dubaifaqs.com/wasta.php
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Re: Work permit issued but job offer from another FZ company

Postby masif27 » 22 May 2015, 22:55

Same situation is heppend with me... so brother whats after ? work permit cancelled or not ? Plz update ur experience.
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Re: Work permit issued but job offer from another FZ company

Postby mrpw » 07 Jun 2015, 09:52

Hi, exactly same situation as mine. What was the result of this?

I am worried of cancelling company A visa application, but I company B wants to hire me.

Please share what happened.
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Re: Work permit issued but job offer from another FZ company

Postby mrpw » 18 Jun 2015, 15:33

Hi

Please give us an update. My company won't cancel my unised temporary work permit and my employment visa with immigration is stilk under process.
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Re: Work permit issued but job offer from another FZ company

Postby userone » 12 Jul 2016, 19:26

Hello. What happen to your visa?
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Re: Work permit issued but job offer from another FZ company

Postby Celynsodi » 27 Oct 2016, 14:08

Hello moeemu, i also have the same situation. I want to know what happened. Pls
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