Entry permit UAE issued without consent when in Oman

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Entry permit UAE issued without consent when in Oman

Postby berto21 » 10 Jun 2015, 17:32

I was previously working in a Trading company in Dubai for 9 years and place my resignation last april 2015. At first, they dont want to let me go, they offer a lot for me to stay but I really decided to move on and pursue my career with a different company. I went to Oman for visa change and planning to return back once my new visa is processed. But unfortunately, my previous company re-applied another visa on my name using their Branch license. Due to this, my new company cannot issue a new visa for me to enter Dubai.

I already ask my brother to make a complaint to labour and he even went to immigration to solve the issue. But it seems nobody wants to have a look on my case. Anybody has encountered the same issue before?.. Immigration and Labor department are insisting to wait for the call from Labor to sort out the issue. But from what I heard, it normally takes months to settle any case in labor. Is it even legal to apply for visa without consent?.. is it under forgery?
berto21
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Re: Entry permit UAE issued without consent when in Oman

Postby shawarma » 11 Jun 2015, 21:15

I'm guessing a bit here but I suspect that it is normal (not the same as legal) for an employment entry permit to be applied for and issued "without the consent" of the employee, as in when the application is made, I don't think the labour department (MOL) or immigration department explicitly ask for any document that proves without question, that the employee gave their consent.

I say this because I think the ministries would operate on the assumption that if they were presented with a passport copy and signed contract, then the employee had given their consent.

I guess they might raise an eyebrow if the same company applied for a new visa for an employee whose visa had just been cancelled, but only if their computer system was programmed to raise a flag when that happened.

Since you worked for the previous company, I expect they'll have enough copies of your passport and signed contracts on file to enable them to make a bogus application if they wanted to.

The important questions are why they did that and how to get it resolved.

It sounds deliberate from what you have said, meaning that the company knew it would result in a headache for you. I can't think how it could be done accidentally.

So, unfortunately for you, you have two significant factors against you. First the old company trying to sabotage your efforts at getting a new job. Second the lack of cooperation from the immigration and labour ministries to resolve what is obviously a malicious act, unless it was somehow an accident.

Your new company can't do anything until the current employment permit application is cancelled.

It will expire automatically after 60 days if not used by you (I think, it might be 30 - ask your brother to check with the MOL if you can't call them directly yourself), but it still needs to be cancelled by the company. Which they will have to do eventually otherwise they end up with a black mark in their labour department file.

So here are your choices as best as I can tell.

1. Keep calling the MOL and immigration department to try and speak to someone who can reverse this permit issue.
2. Contact or ask your brother to contact a lawyer to see if they can help or speed up the process. I expect this is an expensive option.
3. Contact your embassy or consulate. Depending on which country you are from they might have a dedicated helpline for labour issues (India and Philippines do as far as I know). Or otherwise they might be able to suggest a lawyer.
4. Contact your previous company and ask them to cancel the permit application. As soon as they do, your new employer should be able to apply for a new permit. This might be a waste of time if your previous company was acting deliberately and maliciously, but if you have a connection to someone in a senior position that you know well, perhaps try them.
5. Enter the UAE on the employment visa entry permit issued by your old company, and then at least you are in the UAE and can go yourself to the labour department to file a complaint against your company or try to get the entry permit cancelled. It does not mean you are have started a new contract with them - you have to sign a new contract for that to take effect. However, be careful about this option. There might be problems with it I haven't thought of. Ask your brother to call the MOL helpline to ask them what the consequences would be if you did this. Of course, it does depend on the company sending you the visa in the first place, which I guess they are unlikely to do.

Yes, it can take months to resolve complaints through the MOL (and any other government departments), but I think you are stuck until it gets resolved, so I would start with filing an official complaint. It is quite obviously either a mistake or a fraudulent action on the part of your old employer. But at least try to talk to your embassy, the MOL helpline, and someone in your previous company if you can, before you do.

If your old company has sufficient wasta with the MOL, then all of what I wrote and what the MOL helpline tells you or your brother, is just hot air. In that case the MOL will do what the company want them to do no matter what the rules say, and your best choice might be to just try and wait for the entry permit cancellation, but again, if the company has enough wasta with the MOL, then they might be able to get away with not cancelling it for a long time.

One more possibility is to make a complaint to the police. I'm not sure what the exact complaint would be, I guess something related to fraud or identity theft. A problem is that unless you know the law very well, it can be unpredictable in your eyes how the police react - they might be helpful or you might find yourself in trouble with them. Even if you do think you know the law and/or you employ the services of a lawyer, things can still be unpredictable. And if the company has sufficient wasta to tell the MOL what to do, I'd expect they might also have a bit of wasta with the police. I would suggest you call your embassy or consulate first, and also a lawyer (they will usually talk to you on the phone briefly for no charge).

http://www.dubaifaqs.com/wasta.php
http://www.dubaifaqs.com/lawyers-in-dubai.php
http://www.dubaifaqs.com/ministry-of-labour-uae.php
http://www.dubaifaqs.com/embassies-and-consulates-uae.php
Please use the forum for questions, not the PM system.
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Re: Entry permit UAE issued without consent when in Oman

Postby berto21 » 11 Jun 2015, 21:44

thanks for the reply..

1. My brother already received a call from MOL, just asking some info, then they will call the ex company.. The next step from MOL is unclear.
also, my bro spend 2 days in MOL and immigration running after people to get an answer but all are telling to wait for a call...
2. I already talk to a lawyer but they are charging Dhs 1750/hr.. OMG! this will cost a fortune.
3. I already contacted the consulate but still no reply.
4. I already ask the previous company but ofcourse but they said NO... they will not cancel it.. this is the intention from the beginning so i dont see any point on begging them.
5. I cannot even use the visa they applied because they are not giving it also.

My only chance is the movement of case in MOL..
So i may say, im helpless at the moment..
berto21
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Re: Entry permit UAE issued without consent when in Oman

Postby shawarma » 12 Jun 2015, 18:02

Yes, lawyers are expensive. Try a few more lawyers. Like any profession, there might be substantial variation in fees charged. Your consulate or embassy should have a list of lawyers to try. Or try this organisation (they also have a FB page):

http://www.detainedindubai.org/

At least call a couple more to see if they have any other suggestions. One possibility might be a letter from a lawyer to your old company stating that what your company has done is illegal and they should cancel the visa promptly. People and companies usually pay more attention to lawyers and the police than they do to individuals. The last time I enquired about that sort of action it was very expensive but I only enquired with one legal firm. I would try others.

Bad news about what the company said but there is some good news. They clearly know what they are doing is malicious and wrong, so they might be more likely to read a letter from a lawyer, or listen to a directive from the MOL. Unless they really feel they have enough wasta to back them up.

Did the company say why they did this? I presume it is because they wanted to block you from getting another job. Then the problem for you is to find someone in the company, or the MOL, or immigration (although I think immigration would go back to the MOL), who will see that perspective and be in a position to do something about it. All I can suggest then is to keep thinking about who knows who, whom you could contact or who could contact someone on your behalf.

No, absolutely no point in begging. If a company is going to be malicious like that then that's exactly what they want to see you doing.

You could consider writing your own letter or email to someone in senior management in your old company ... if you can think of someone who is fair and reasonable, and likely to listen to you. In my own experience this is not easy but occasionally I've been pleasantly surprised.

One more consideration is the UAE newspapers. I don't really know what criteria they use for deciding if a story is newsworthy or not, and I don't recall reading a story about a situation exactly like this, but I have read other stories of unfair treatment. If a story ends up in the newspaper then often (not always) it can affect the outcome positively for the person who's been unfairly treated. I guess the most difficult part would be trying to make contact with someone who would listen in the first place.

If the visa has been issued, and it is an e-visa, can you get it printed out yourself from the immigration department website and use it to re-enter the UAE? Technically as far as I know, if it's an e-visa then you don't even need a printout for entry since it's in the UAE system, but you'd probably need one for exit from Oman.

Once you're here, you could immediately resign, then that might be something to pressure them to cancel the visa.

I don't like this idea because it implies that the visa was issued with your consent and agreement, and it clearly wasn't. I don't know if or how that might complicate things for you but I think the potential for complications is there.

So take it as something to consider, not as good advice. If anything, it's bad advice. But you're in a bad situation with no good options available to you, only bad or worse ones.

I think it's positive that the MOL did call your brother. That obviously means someone there is being proactive, I would see that as a hopeful sign. Perhaps under the circumstances the best thing you can do is try to be patient for a day or two. Well, given that it's the weekend now, you don't have much choice, the MOL and lawyers won't be at work again until Sunday.
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