UAE: Do I have to cancel my family visa, close my bank, Dewa account before retiring and returning to my home country? – information

Here’s what expats must do before leaving the UAE permanently after retirement

Q: I am about to retire and return home. What steps must I take to ensure that all formalities are completed? What do I have to cancel – bank, visa, etc.? Please advise.

answer: Based on your query, assume you are employed by a mainland company in the UAE and you are a resident of Dubai. Assume further that your UAE residency visa is sponsored by your employer. Therefore, the provisions of Federal Decree No. 33 of 2021 on the employment relationship and the provisions of Cabinet Resolution No. 1 of 2022 on the implementation of the provisions of Federal Decree No. 33 of 2021 on the employment relationship apply.

In the UAE, employers are required to pay an employee an end-of-service benefit once the employee retires. End-of-service benefits can be paid by bank account transfer into an employee’s payroll bank account or by check. Employees are advised to request proof of service from their employer on the last day of employment or as agreed with the employer. Employers are obliged to provide proof of service to their employees, which needs to include the nature of the employee’s work and the length of service. This complies with article 13, paragraph 11, of the Labor Code.

In addition, an employer is obliged to pay gratuity to an employee who has completed at least one year of continuous service and his or her employment is terminated by termination, expiration of the employment contract, or resignation after fulfillment of all employment obligations. This is in accordance with Section 52 of the Employment Act and Section 29 of Cabinet Resolution No. 1 of 2022. During this period, the employer may have to pay the employee a cash allowance for annual leave not taken during the period of service. This is in line with Section 29(9) of the Employment Act and Section 19 of Cabinet Resolution No. 1 of 2022. In addition, the employer may have to bear the cost of the employee’s repatriation at the end of the employee’s service. This is stipulated in Article 13, paragraph 12, of the Labor Code.

In view of the above legal requirements, your employer is required to pay you end-of-service benefits on your last day of work, or as mutually agreed, which may include, gratuities, unpaid wages, cash allowances (base wages) Unused annual leave and airfare during the period. However, as an employee, you are expected to surrender and/or destroy hard or soft documents, and information pertaining to your employer’s trade secrets. This is in accordance with Article 16, Paragraph 5 of the Labor Law, “Without the permission of the employer or its representative, the employee shall not retain any hard or soft documents or documents related to business secrets in his personal capacity.”

After completing the above formalities, your employer should ask you to cancel the UAE residence visa of the family member you sponsored.

Also, you can contact the branch of the bank where you have a bank account and loan/credit card facility. You can close your bank account and get a bank account closure letter from your bank. Also, regarding your loan/credit card payment, you can pay the balance to your bank and get a “Certificate of Not Expired” or a loan/credit card facility closing letter from the bank.

Once you have canceled the residence visas of family members you sponsored in the UAE (if any), your employer may proceed to cancel your UAE residence visas. After cancellation of your UAE residency visa in UAE, you can live in the country within the grace period stipulated by GDRFA.

It should be noted that if you know your last working day with your employer, you’d better contact your landlord/construction management company immediately and give written notice that you will cancel the lease contract (by paying the penalty mentioned in the lease contract ( if available) on a specific date.

If your tenancy is about to expire, you can write to your landlord/building management company stating that you do not want to renew your tenancy. You can also cancel the Dubai Electricity and Water Authority (Dewa) service of renting an apartment before traveling to your home country.

However, if your employer provides you with accommodation in the UAE, you may have to move out within 30 days of your last working day. This is in accordance with article 16, paragraph 10, of the Labor Code.

Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, UK and India. Further information on his company is available at: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.