Visa cancellation and Final settlement in UAE
A Comprehensive Guide about Visa Cancellation and Final Settlement in UAE
If you are an expat in the UAE, at some point, you may need to cancel your visa and settle your final dues. This process can be a bit daunting, but it is essential to ensure that everything is done correctly to avoid any future problems. In this article, we will guide you through the process of visa cancellation and final settlement in the UAE.
What is Visa Cancellation?
Visa cancellation is a process of officially ending your residency in the UAE. It is required when you are leaving the country for good or changing your sponsorship. This process can be done by the sponsor or the employee himself.
Types of Visa Cancellation
There are two types of visa cancellation in the UAE:
- Voluntary Cancellation: This type of cancellation occurs when an employee decides to resign and leave the UAE or when a sponsor cancels the visa of an employee due to any reason.
- Involuntary Cancellation: This type of cancellation occurs when the UAE government decides to cancel the visa of an expat due to any violation of the law.
How to Cancel Your Visa in the UAE?
The process of canceling your visa in the UAE varies depending on the type of cancellation you are doing. Here is a step-by-step guide on how to cancel your visa in the UAE:
Voluntary Cancellation
If you want to cancel your visa voluntarily, follow these steps:
- Notify your employer/sponsor: You need to inform your employer or sponsor about your decision to leave the UAE and cancel your visa. They will guide you on the process and requirements for visa cancellation.
- Submit necessary documents: You will need to submit your passport, visa, Emirates ID, and any other required documents to your sponsor.
- Pay outstanding bills and fines: You need to clear all your outstanding bills and fines before the cancellation process can proceed.
- Obtain a cancellation certificate: Once all the requirements are met, your sponsor will apply for a cancellation certificate from the General Directorate of Residency and Foreigners Affairs (GDRFA).
- Collect your passport and exit the country: After obtaining the cancellation certificate, you can collect your passport and leave the UAE.
Involuntary Cancellation
If the UAE government decides to cancel your visa involuntarily, you will need to follow these steps:
- Receive a notice from the authorities: You will receive a notice from the authorities informing you of the cancellation of your visa due to any violation of the law.
- Appeal the decision (if possible): If you think that the cancellation decision is incorrect, you can appeal the decision to the authorities within the specified time.
- Collect your passport and exit the country: After the cancellation of your visa, you will need to collect your passport and leave the UAE.
Final Settlement
Once your visa is canceled, you will need to settle your final dues before leaving the UAE. This includes your end-of-service benefits, such as gratuity, leave salary, and any other entitlements.
End-of-Service Benefits
The end-of-service benefits are calculated based on the employee’s salary and years of service. Here is a breakdown of the end-of-service benefits in the UAE:
- Gratuity: The gratuity is calculated based on the employee’s basic salary and years of service. For the first five years of service, the employee is entitled to a gratuity of 21 days’ basic salary per year. After five years, the employee is entitled to 30 days’ basic salary per year.
- Leave Salary: The leave salary is calculated based on the employee’s basic salary and the number of days of annual leave entitlement.
- Air Ticket Allowance: An air ticket allowance is usually provided by the employer to the employee when the contract is terminated. The allowance is usually based on the employee’s home country and the cost of the air ticket.
- Unpaid Salary: The employee is entitled to receive any unpaid salary for the last month worked.
How to Settle Your Final Dues?
To settle your final dues, you will need to follow these steps:
- Submit necessary documents: You will need to submit your passport, Emirates ID, and any other required documents to your sponsor.
- Calculate your end-of-service benefits: Your sponsor will calculate your end-of-service benefits based on your salary and years of service.
- Receive your final dues: Once the end-of-service benefits are calculated, your sponsor will pay you your final dues.
Conclusion
Canceling your visa and settling your final dues in the UAE can be a bit overwhelming, but it is essential to ensure that everything is done correctly to avoid any future problems. By following the steps outlined in this article, you can ensure a smooth and hassle-free process.
Can I cancel my visa without my sponsor's help?
Yes, you can cancel your visa without your sponsor's help, but it is recommended to seek their assistance to ensure a smooth process.
Can I appeal the decision of an involuntary cancellation?
Yes, you can appeal the decision of an involuntary cancellation if you think it is incorrect by filing a compliant in Ministry of Labor
How is gratuity calculated in the UAE?
Gratuity is calculated based on the employee's basic salary and years of service.
What happens if I do not settle my final dues before leaving the UAE?
If you do not settle your final dues before leaving the UAE, you may face legal issues in the future.
What documents do I need to settle my final dues?
You will need to submit your passport, Emirates ID, and any other required documents to settle your final dues.
How can I cancel my visa and final settlement in UAE?
In order to cancel your UAE visa, it is mandatory to notify your employer with a residence cancellation paper. The application form can be printed by your employer from a typing center or online via the GDRFA website. Both the sponsor and employee must sign the application.
Can I claim my pending salary after visa cancellation?
Yes, Once your Visa is Processed for cancellation, you can collect all your dues.
What happens when my employer cancels my visa?
When a visa is cancelled, the individual must leave the country within a period of 30 days. However, if the individual has a new job offer, their new employer can apply for a new working permit and visa during this period.
How many days will take for visa cancellation in UAE?
Usually, the process of cancelling a UAE visa is quick and takes only 1 or 2 working days. In case your sponsor also needs to cancel your Labour Card, it may take an additional day, bringing the total time to about three working days.
Can I leave UAE before my visa is Cancelled?
As a general rule, if a non-native resident stays outside the UAE for a period of 180 consecutive days, their residence visa will automatically become void. In such a situation, they will need to apply for a new entry permit to re-enter the UAE.
Do I need to exit UAE after visa cancellation?
You can stay for 30 days after which you start getting overstay fine of 50 AED per day.
How is the final settlement calculated in UAE?
An employee who has worked for a period of over 1 year but less than 5 years is eligible for full gratuity pay, calculated at 21 days' salary for each year of service. On the other hand, an employee who has worked for more than 5 years is entitled to full gratuity payment, calculated at 30 days' salary for each year of service after the initial five years.
How long I can stay in company accommodation after visa cancellation?
As per Article 16 of the law, the employee is required to vacate the accommodation provided by the employer within a period of 30 days from the date of termination of their employment agreement.
Can my sponsor cancel my visa without my signature?
It is important for employees to sign an end of service entitlement to initiate the process of visa cancellation. The employer must inform their employee about the visa cancellation. However, in case of absconding, this may not be applicable as mentioned earlier.
Can I cancel my visa without sponsor?
The sponsor is required to cancel your Visa and it cannot be done without the PRO (Public Relations Officer) or Sponsor.
Do I need to pay for my visa if I resign in UAE?
No matter what the reason for resignation or termination is, the employee is not responsible for any visa fees. The employer bears the costs of visa, sponsorship, and visa cancellation fees. Furthermore, according to Article 131 of the UAE Labour Law, the employer is obliged to pay for the employee's airfare to their home country.
Can the employer refuse to cancel the visa in UAE?
Only if there a legal case, unsettled dues, criminal case or any allegation against the employee. The Employee should otherwise approach Ministry of Labor to take action if employer is not cancelling their visa.
Who pays for visa cancellation in Dubai?
When it comes to visa cancellation in Dubai, the responsibility of paying the fee lies with the employer. Therefore, the employer needs to follow these steps: either print the application form at a Tasheel or Amer Center or do it online, and then sign the application form as the sponsor.
How many days can stay after visa cancellation in UAE 2023?
For skilled professionals (classified as third level by the Ministry of Human Resources and Emiratisation) and property owners, the time period to leave the UAE or obtain a new visa has been extended to 90 days, while the grace period for regular residencies has been increased from 30 to 60 days.
How can I check my UAE cancellation status?
To check your visa status, you can access the GDRFA portal. First, visit the GDRFA website and choose "Residence validity" from the options. Then, input your residence file number, which is located on the visa page in your passport.
Can my employer hold my passport after visa cancellation in UAE?
The employee has the right to obtain their passport from the local court, as it is illegal for anyone to hold someone else's passport without their permission. If the employer refuses to release the passport, the employee can file a complaint against them at the local police station or labor office to obtain it.
What is the procedure of visa cancellation?
Visit https://www.gdrfad.gov.ae/en/services/0613ab0e-5858-11ea-0320-0050569629e8
- Login to Service.
- Fill Form.
- Attach Documents.
- Pay Fees.
- Submit Application.
How do I know if my company canceled my visa?
Visit https://smartservices.icp.gov.ae/echannels/web/client/default.html#/login
- Check out the ICP website.
- Select the tab for passport data.
- Select the visa or residence option.
- Choose your nationality after entering your passport details and expiration date.
- Select “Search.”
What happens if my sponsor refuses to cancel my visa?
In case the employer doesn't cancel the visa, the employee must file a complaint with the Ministry of Human Resources and Emiratisation. The complaint can be lodged either by calling on 800 60 or through the website, which has a chat function that can be helpful. The ministry will then get in touch with the employer and instruct them to take immediate action.
