Ban if failed to use employment visa for UAE

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Ban if failed to use employment visa for UAE

Postby liezl » 06 Jan 2015, 14:02

Good day! I want to know how long will I be ban if I failed to use my working visa....because an agency here in Manila offers me AED 1,000 only whereas I read this article that "Minimum salary in new job is AED 5,000 for HS Diploma holders, AED 7,000 for diploma holders, and AED 12,000 for Bachelor degree holders,"

I'm a Bachelors degree holder so I want a demand from this offer...I applied with them last July of 2014 then they promised me that I will start and get my visa till September/October which I expected a lot but coming til November-December...they still don't contact me and if I am asking them they don't response on my messages..

since I am in hardship coz I'm jobless, I look for job here in Philippines and fortunately get hired with better offer,coming this January 2015 they contact that I already have a visa but I don't want to attend the work since I'm in good status right now...

now I want to know if I will be ban for that reason and I knew that some the employee they hired didn't get the right compensation as what they signed in the contract. Thanks in advance for reply.

Respectfully Yours,
Liz
liezl
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Re: Minimum salaries for UAE

Postby shawarma » 08 Jan 2015, 16:02

The information you read about minimum salaries is not a minimum salary you must be offered to work in the UAE, it is the minimum salary you must be offered to avoid a UAE labour ban if you change jobs within 1-2 years of starting employment on an unlimited contract in the UAE.

So if you have a job offer from the UAE, but you are staying in Manila, Philippines, then it does not apply to you.

Regarding your employment entry permit or visa, normally it has a validity period of 60 days during which time you must use it to enter the UAE. During that time, you cannot get another visa issued unless the original one is cancelled. If you don't use it then it expires and becomes invalid automatically, and you should have no problem getting a new visa (employment, visit, tourist, etc). There shouldn't be any immigration or labour ban placed on you for not using it.

If you haven't received a copy of the visa, ask them to email one to you. You should keep the copy for future reference in case you need to refer to it.

Then, after you receive a copy, or if you have one already, it would be polite to inform your employer that you will not be coming to the UAE for employment, but don't say because you got a better job in Manila. Just say that you are very sorry but due to a change in your personal circumstances you are unable to take up employment with that company. If they request you to pay any fees or compensation, ignore them, don't communicate with them any further.

Check with the UAE immigration department or Ministry of Labour in 2 months to confirm that the employment entry permit has been cancelled or expired and you are free to apply for a new UAE visa if you want to.

If you are offered a job in the UAE and the salary paid is different to what was promised, then that is a valid reason to file a complaint with the UAE Ministry of Labour (MOL), but of course it helps if you have written documents showing the promised salary and paid salary. According to UAE Labour Law, it is a valid reason to leave your employer without notice, but in reality, the MOL and the courts seem to be not very supportive of employees who do that. Better to file a complaint with the MOL as a first step.

http://www.dubaifaqs.com/visa-ban-uae.php
http://www.dubaifaqs.com/labour-law-uae.php
http://www.dubaifaqs.com/visa-cancellation-dubai.php
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Re: Ban if failed to use employment visa for UAE

Postby liezl » 09 Jan 2015, 13:45

Thanks for this reply...and I do apologize for the wrong choice of words, I should have say that I fortunately found a job on my country...a job that can support me soever without leaving my family...but anyway the agency/employer threatened me to pay the visa with a high amount than its normal charges to the processing fee...so if I can't get a copy of my visa would that be fine if I attempt to apply for a new one? And I won't get ban?

And by the way....do MOL have a website so I can file or even just to shoutout my complaints regarding on the compensation? Coz also want to help my countrymen to get what is right.
liezl
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Joined: 06 Jan 2015, 13:43

Re: Ban if failed to use employment visa for UAE

Postby shawarma » 10 Jan 2015, 02:45

I don't see how you can get a ban if you were issued an employment visa but didn't use it. But contact the UAE MOL (send them an email or telephone) just to check. Sometimes they are helpful. Tell them the same as you tell the employer - that due to a change in your personal circumstances you are unable to travel to the UAE now.

If you don't have a copy of your visa don't worry about it. But at least try asking for it, they might send it to you. Then ignore anything else they say.

For the company or agent to get money from you, you either have to give it voluntarily, or they will have to try and take you to court. I doubt very much they will bother trying to make a case against you in the UAE if you are not here. I guess they are requesting or demanding payment to try and scare you into paying something since they have paid money for the visa which they'll lose now. But that is part of the cost of doing business. Companies here never offer compensation if they change their minds about employing someone and leave them stuck without a job or visa, or worse, leave them stuck somewhere waiting for a visa like Kish Island.

If you dealt with an agent in the Philippines then I guess they could try to take you to court but I don't know anything about systems and procedures there. However, I doubt that a court case in the Philippines is going to affect whether or not you get a visa ban in the UAE.

Obviously if you do decide later to travel to the UAE or look for work in the UAE, don't deal with the same agent or employer. Then I expect they would try to make it difficult for you.

See this page for UAE MOL contact information.

http://www.dubaifaqs.com/ministry-of-labour-uae.php
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