Absconding case after visa cancellation: What to Do?
Absconding Case in UAE
In the UAE, if an employee is absent from work without informing the employer for seven consecutive days, the employer has the right to file a complaint of absconding with the Ministry of Human Resources and Emiratisation (MOHRE). This follows Article 28 (1) of Cabinet Resolution No. 1 of 2022, which implements Federal Decree Law No. 33 of 2021 related to the regulation of employment relationships.
However, once your Visa is cancelled, your employer has no legal rights to File a Absconding case in UAE against you. You can also approach GDFRA directly to confirm the same. Once your visa is cancelled, you are no longer part of the company.
The employer is required to inform the MOHRE about the worker’s unexpected absence from work if it lasts for more than seven days and if the employer does not know the worker’s location or cannot communicate with them. The Ministry has established specific procedures for completing the absence from work form.
If you are deported from the UAE on the grounds of absconding, you may be imposed with a travel ban prohibiting travel to the UAE for a certain period or permanently, as decided by the General Directorate of Residency and Foreigners Affairs – Dubai (GDRFA) or Federal Authority for Identity, Citizenship, Customs and Port Security (ICA) in other emirates of the UAE. An individual who is deported from the UAE on the grounds of absconding may be considered an administrative deportation. Therefore, it may be possible to travel to other GCC countries.
According to Article 18 of the Immigration Law of UAE, it mentions the conditions under which a deported individual from the UAE is allowed to re-enter the country. If you have been deported from the UAE on the grounds of absconding, we recommend that you contact the GDRFA or ICA to inquire about the nature of the travel ban imposed on you. You can also check if you can travel to the UAE or other GCC countries. We also advise that you contact the relevant authority/ies of the GCC country which you intend to travel to.
In conclusion, absconding from work in the UAE can lead to a travel ban prohibiting travel to the UAE for a certain period or permanently. However, it may still be possible to travel to other GCC countries. It is important to consult with the relevant authorities and seek professional advice to ensure that you are fully informed of the consequences of absconding.
Download the complete official Law Guide to understand all your rights clearly.
Where can I clear my absconding case in UAE?
To clear an absconding case in the UAE, you need to settle any unresolved matters with your previous employer and acquire a No Objection Certificate (NOC) from them. After that, you should submit the NOC to the Ministry of Human Resources and Emiratization (MOHRE) for assessment and a final verdict.
How do I remove an absconding case from immigration?
If you want to reduce your absconding fines in the UAE, you must first cancel the absconding case by visiting immigration with a new offer letter issued by the Ministry of Labor and a No Objection Certificate (NOC) from your previous employer. Once the absconding case is withdrawn, you can then apply for the reduction of fines.
How much does it cost to remove absconding in UAE?
If a company falsely creates an absconding case, the Ministry of Labor can impose significant fines on the organization, starting from AED 10,000. In such a case, the employee should seek legal help to understand how to eliminate an absconding case in the UAE and pursue legal action against the company.
How long is absconding valid in UAE?
The Absconding Case remains actively indefinitely until you have approached your previous employer and cleared up the fines or cases.
If an employee is absent from work without informing their employer for seven consecutive days, the employer may lodge an absconding complaint with the Ministry of Human Resources and Emiratisation (MOHRE) in the UAE.
Can I leave UAE if I have an absconding case?
No you cannot leave the UAE as you will be apprehended by Authorities at airport. Please note the entire UAE system is unified with Immigration and Labor department. Hence, your ID and passport will be flagged and you may be detained at the airport.
If an employer chooses to keep the visa valid but let it expire after six months, you can enter the UAE again with a new visa. However, if there is an absconding case, it will lead to a permanent ban, which cannot be removed without the employer's agreement and help.
How long does abscond take to expire?
The usual ban implemented is for 1 year if proven you were absconding from work. This will depend on the penalty imposed by Ministry of Labor and Immigration.
What is the Fine if employer has falsely accused of Absconding?
Filing a false absconding report against your staff incur a AED 5,000 fine.
Can absconding expire?
This depends on the type of Ban imposed. Minimum is 12 months employment visa ban which can go upto 24 months as well.
Can I travel with absconding in UAE?
You can freely move around within UAE however upon random inspection made you will be apprehended and reported to Police. You also cannot travel outside UAE.
