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“Can I return to the UAE after absconding?”

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I would like to know if I can enter the UAE if I have absconding case against me. RS, Philippines

The term “absconding” is used when employees in the UAE do not return to work and are not notified that they have left.This leads to a one-year employment ban.

Guidance for this situation can be found in Article 50 New UAE Labour Law Under “Illegal Absences”.

“Foreign workers who leave their jobs for illegitimate reasons before the expiry of the contract shall not be allowed to obtain a work permit again in accordance with the provisions of these measures to engage in other work in this state, and the period shall be the date of self-absence,” the law stipulates.

“Nor will any other employer who knows this be allowed to hire him or keep him in service during this period.”

During this period, those with absconding cases against them will not be able to enter the UAE or find work in the country. Absconding bans are not permanent, although people who receive multiple bans may find they end up with permanent bans.

I have been out of this country for eight months because the company I work for is not paying me properly. So far my residence visa has not been cancelled. When asked why, the company did not give the correct answer.

Can I ask you to cancel my residence visa for me? Indian SSR

While I can help readers with many things, I cannot cancel a residence visa for them.

It is unusual for companies not to cancel their visas as they may get a refund for it and their number of visas may be limited.

The official procedure is that the sponsor – in this case the employer – must cancel the residence visa and work permit.

Employees don’t have to be in the UAE to do this. Their original passports are not required as visas no longer need to be officially stamped as cancelled.

Contrary to many claims, visas are not automatically cancelled after 180 days outside the UAE. It just becomes invalid and still needs to be canceled.

If the employer refuses to cancel the visa, the RSK should contact the Ministry of Human Resources and the Emirates as it can intervene and resolve the issue.

Since he is outside the UAE, he should use Ministry’s website.

I noticed that RSK stated that he was not paid by his employer, so if he was owed any income he could include that claim in his case to the ministry.

It is important that the visa is cancelled correctly as failure to do so can cause problems if he wishes to return to the UAE.

I have a query about an outstanding telecom bill. I haven’t paid for two months because I’m short of money. I’m wondering if it’s possible to receive a travel ban from immigration because I haven’t paid my bill. Attention, Abu Dhabi

Failure to pay the bill may result in an immediate or automatic travel ban.

If a person doesn’t pay the utility company’s bill, the first step is to be chased by the company, and if payment is not made, the service will be cancelled.

The company will continue to work hard to recover the amount owed and will follow up with the person several times.

However, if there is no communication and no payment, the company can take action against those who have outstanding debts.

In all cases, it is best to schedule regular payments of bills, loans and credit cards to avoid potentially serious consequences

Kronbock

Any creditor can choose to file a police case for not paying the bill, which larger companies will do if the amount owed is large and the person fails to respond to any payment requests.

Police cases can be registered by asking the court to grant a travel ban.

This information will then be passed on to Immigration. This means people trying to leave the UAE can be stopped from doing so and will be detained until the issue is resolved.

In all cases, it is best to schedule regular payments of bills, loans, and credit cards to avoid potentially serious consequences.

Even a partial payment is better than nothing, and ignoring all calls in this case will only make it worse. If a company knows that money owed will be repaid, if not all at once, they are more likely to be reasonable.

Keren Bobker is an independent financial advisor and senior partner at Holborn Assets in Dubai with over 25 years of experience.contact her keren@holbornassets.com. Follow her on Twitter @FinancialUAE

The advice given in our column does not constitute legal advice and is for informational purposes only

Updated: September 11, 2022 5:00AM



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