Autonomy

Hello.

Does anyone have a link or some means to give us new expats a clear picture of the banning process in Dubai / UAE?

I can only find out snippits of info, expat urban myths, vague cover all info etc. Explorer mentions it briefly though not fully, google searches come up with a multitude of mixed info etc.

It would be a great addition to the expat info thread for this forum.

Anyone know? Or care to take up the challange to find out the rules in some detail?

Thanks!

Bob

I would imagine that that would be on the embassy websites for the countries in London etc, but if not and anyone has definate stuff, I'll add it to the FAQ's.

kristy

Definitive rules for visas and bans?! Heh heh, this is Dubai, the rules change depending which person you're speaking to. And which authority you're in. And whether they like you.

But all I know about bans, is that when you leave a company, they have the option to ban you from working anywhere else for 6 months. I think some companies do it as a matter of course and some will do it if you're thinking of working for a rival company. And then there's some who wouldn't ever bother to think of it. Best to check their policy I think.

We've got a guy applying for a residence visa at the mo and he gets a different story every time he goes to the admin office so he's getting lots of exercise going backwards and forwards between different departments!

Singlemom

Hello!

It really depends on your sponsoring company, where you work and with whom. Some say it depends on your nationality...
I know that DIC (Internet city) does not place bans at all, well only if there is a court case against you..

Good luck

Autonomy

I know this appears to be like counting grains of sand on Jebel Ali beach.... I've heard that a company can choose to issue a complaint to "force" a ban, however it is up to the government to issue either an employment or an immigration ban.

Even if your employer issues an NOC letter the government may (I use the word may because no one sems to know if they will or not, is it case by case, issue a ban?)

I know free zones are exempt from work ban's but maybe not immigration bans.

I guess I just am trying to find out simple things like if an employee resigns from a job and the company is happy to issue a NOC will the government enforce a ban and if so in what circumstances. Factors like exempt catagories, if the employee has a degree / masters, has worked at the company for over 1 year etc....

I'm not in this situation and hope I'll not be, I guess it'd be useful to know if after 2 years in Dubai you can know for sure whether you'd be banned for moving job.....

kristy

I think if the company issues an NOC, you're fine.

Not sure about the Free Zones being exempt though. I'm in a free zone, and our company still has to issue an NOC for people to transfer their visas.

I don't think you can know for sure really. Even if you get an answer now, it could all have changed in 2 years!!

Autonomy

here's a couple of bits found so far...

From the Ministry of Labour And Social Affairs website

http://www.mol.gov.ae/pages-en/rule-labourHTML5.htm

and from the FEDERAL LAW NO 8 OF THE YEAR 1980 - Law to Regulate Labour Relations

Article 128

Where a non-national worker leaves his work without a valid reason before the expiry of a contract for a limited period; he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such worker or keep him in his service before the expiry of such period.

Article 129

Where a non-national notifies the employer of his desire to terminate a contract of unlimited duration and leave his work before the expiry of the statutory period of notice, he shall not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit or keep him in his service before the expiry of such period.

Article 130

The provisions of articles 128 and 129 shall not apply to a non-national worker who, before taking up other employment, obtains the authorization of the Minister of Labour and Social Affairs with the approval of the original employer.

This seems to state a ban in terms of a work permit is not automatic as long as you have an NOC and the Minister approves - the basis of such approval is unknown to me right now!

Sorry if this is boring everyone....

Autonomy

and more.... again sorry if it's dull as dishwater....

info taken from Ministry of Interior Naturalisation and Residence Administration website

http://www.dnrd.ae/dnrd/Inquiries/La...ponsorship.htm

Article (68)

Transfer of sponsorship of foreigners for employment shall be subject to the legal established rules and in accordance with the following procedure:-

a) In case the application for transfer is from public authority, establishment or Public company, to similar firm, the following conditions shall be applicable:-

1- Approval of the previous sponsor and the new sponsor.
2- Approval of residence and Immigration Department on the application.

b) In case the application for transfer is from Private Sector to Public Sector, the following conditions shall be applicable:-

1- Approval of the previous sponsor and the new sponsor.
2- Attestation of Ministry of Labor & Social Affairs if the sponsored is among categories subject of Labor Law.

3- Attestation of Residence and Immigration Department on the application.

c) In case the application for transfer is from Public Sector to Private Sector, the following conditions shall be applicable:

1- Approval of the previous sponsor and the new sponsor.
2- Attestation of Ministry of Labor & Social Affairs if the sponsored is among categories subject of Labor Law.
3- Approval of Residence and Immigration Department on the application.

d) In case the application for transfer is from Private Sector to Private Sector, the following conditions shall be applicable:

1- Obtaining the approval of the previous sponsor and the new sponsor.
2- Obtaining the approval of Ministry of Labor & Social Affairs if the sponsor is among categories subject of Labor Law.
3- To work for the new sponsor in the same profession he was working with the previous sponsor.
4- The sponsored must hold valid residence.
5-The sponsored must have spent at least one year working for his previous sponsor.
e) In case the application for transfer is from foreigners sponsored by their parents or family supporters to Private Sector, the following conditions shall be applicable:
1- Approval of the previous sponsor and the new sponsor.
2- Attestation of Ministry of Labor & Social Affairs if the sponsored is among categories subject of Labor Law.
3- Approval of Residence and Immigration Department on the application.


So - if I read all this malarky correctly if you have your NOC, will be working in a similar industry / role, have valid residency and have been employed for 1 year you should be fine.....

Sometimes I bore myself and others....

If anyone else cares to add anything please do.....

DubaiExpat

There are professions that are exempt from the ban. I have been told Indian and Pakistan passports are more likely to get bans.
Also, if your situation would normally warrant a ban, I have heard of certain people receiving sums of money to "lift" the ban.

Benson

Something along the same line. I will be changing jobs soon hopefully! I don't think I will get a ban as I am going into a different industry. I would like to know though, what do I have to do about the renting of the flat and the water, electricity and gas. If I get my visa transfered there shouldn't be a problem should there? It should just carry on and I will have to update them on my new visa? I am on the right track? Am living in AD by the way.

joseph.creative

Morning all...


first of all how long is the piece of rope you want to hang ur self with !!! heh heh

I just showed this post to one of the guys i work with who is one of the directors and it gave him a good smile... this is Dubai after all and there are so many shades of grey.

imagine if ur boss had a hangover, had not had sex for three days and u name it then you wanted to move job you may get banned but if he had a good night, got laid, found a good deal and made a lot of money then he may give u a end of year bonus...

who knows!!!

DubaiExpat

To sum it all up, the best way to not get a ban is to shag the boss... Ah, the age-old trick

joseph.creative

however that would not work for me as I prefer to stick to women not men! lol but a good idea none the less.