Help: Employer hasn’t applied for my visa, work permit
Reader enquires if there is an ‘exception letter’ that allowed him to work while his visa process was under way, as claimed by his employer
Also... it is essential that the employee acquires a labour contract or at least a working visa in order to work legally inside the UAE.” Mohammad Elmasry | Advocate
If you are planning to work in the UAE, it is important to ensure that you have all your papers in place to be employed legally in the country. However, what can you do if your employer fails to apply for your employment visa and work permit? Can an ‘exception’ be made in certain cases? A Gulf News reader wrote in asking this question.
He said: “I arrived in Abu Dhabi to visit family and got stuck during Covid-19 restrictions, with my return flight cancelled by the airline. I applied for a job while on my second three-month visa. My employer told me that they would apply for my employment visa, but I have been working for eight weeks and I have no residence visa or employment contract so far. My current tourist visa is coming up for expiry.
“I have been paid in cash for most of my employment. I am paid Dh2,500 a month. My employer told me they have some sort of an ‘exception letter’ to say that they have started the visa application process, so my work is legal, but I am not sure if that is true. I don’t know what to do.”
Legal problem
Gulf News raised the query with Mohammad Elmasry, an associate at Al Suwaidi and Company, Advocates and Legal Consultants, who spoke about the problems a person can face working without the right visa or an employment contract in the UAE.
“Please note that we have reconfirmed with the Ministry of Human Resources and Emiratisation (MOHRE) and they have informed us that there is no such thing as an ‘exception letter’, which would allow someone to work legally inside the UAE. Also, they have informed us that it is essential that the employee acquires a labour contract or at least a working visa in order to work legally inside the UAE. Otherwise, a fine will be implemented on the employer and the employee will face legal consequences and deportation,” he said.
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