Absconding complaint by travel agent in the UAE

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Absconding complaint by travel agent in the UAE

Postby moymoy » 08 Feb 2015, 14:24

Hi All,

my visit visa expired last 01/30/15 and my working permit was still under processing. my employer already pay for the fines of my overstaying here in uae.

However, the travel agency that processed my visit visa wants me to exit today or they will file abscond case against me and told me that if they file abscond case I will be black listed in the immigration and to lift that I need to pay 8000 dhs.

I really need your help. what should I do ? do I need to exit? or wait until I get my working permit then exit? Is that true that the travel agency can file abscond case against me even though my employer was already paying for my fines/penalty?
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Re: Absconding complaint by travel agent in the UAE

Postby shawarma » 10 Feb 2015, 00:49

Sorry I didn't answer this the day you posted it, I didn't see it until just now.

I didn't know a travel agent could file an absconding complaint, except against one of their staff.

But maybe they can file an overstaying complaint at the immigration department which is treated in a similar way.

If you have a tourist visa, it should be possible to extend it. If you have a visit visa, it is not possible to extend it. If you have explained to the travel agent what your situation is and that you have paid or will pay any overstay fines, then it sounds like an unusually harsh reaction by them.

With respect to absconding as far as I understand it, UAE Labour Law says an absconding complaint can be filed against an employee by the employer only after the employee has been absent for more than 7 consecutive days ... if I've understood it correctly: Article 121 part 10 says the employee can be terminated without notice:

UAE Labour Law Article 121 wrote:If he absents himself without lawful excuse for more that twenty intermittent days or for more than seven successive day during one year.

I don't know how that can be applied by a travel agent for overstaying a visa, and I don't know where a figure of AED 8,000 compensation comes from.

Contact the immigration department in Dubai and ask them - they have a 24 hr helpline for enquiries. The immigration department is not going to be concerned about overstaying a visa for a few days, except for giving you a fine.

The Ministry of Labour (MOL) also has a helpline you can contact them on - ask them the same questions about the possible absconding complaint.

http://www.dubaifaqs.com/dnrd.php
http://www.dubaifaqs.com/labour-law-uae.php
http://www.dubaifaqs.com/ministry-of-labour-uae.php
Please use the forum for questions, not the PM system.
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Re: Absconding complaint by travel agent in the UAE

Postby anonymous2110 » 02 Apr 2015, 17:10

Hi Shawarma!

I have the same case, the travel agency has been harassing me over this matter. My visa expired last March 18, I got hired on March 8, my documents are already submitted to DMCC for visa processing since March 11. I have already told the travel agency about my situation and they are still harassing me that they will file a case against me for overstaying. I stopped answering their calls, since I don't know what to tell them anymore. I have already told them that my employer's willing to pay for the fines I needed to pay immigration for overstaying.

What should I say to the travel agency if they call back again?
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Re: Overstaying complaint by UAE travel agent

Postby shawarma » 05 Apr 2015, 15:55

Erm, say to them about what?

Overstaying is not the same as absconding.

I expect the problem they have is that while someone under their sponsorship is overstaying a visa, they might be blocked at immigration from applying for more visas for other visitors, or possibly risk being blacklisted themselves from sponsoring other visitors.

If your documents were submitted for visa processing on 11 March 2015 then it seems reasonable to expect that processing should have been completed by now. Contact the MOL, the immigration department, and DMCC to try and find out when they received your documents, the reason for the delay, and how much longer it might take.
Please use the forum for questions, not the PM system.
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Re: Absconding complaint by travel agent in the UAE

Postby anonymous2110 » 05 Apr 2015, 16:10

Thank you for the reply. I just got a response from DMCC today, they said that my documents are now sent for typing, then if no problems will surface then I would receive my entry permit within 24 hours.
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