United Arab Emirates: It is important to know the basic information about visa ban. Different types of visa in UAE can ban you. What if company terminate you in probation period? Visa ban is legal option which prevents resident or employee to enter the country or accept new designation. It is usually within a fixed period of time.
Types of Visa ban and details.
1. Labor Visa ban
Labor ban is executed under following situations
a. The term of the contract has expired and not been renewed.
b. The two parties (worker and employer) mutually consent to terminating the contract during the course of its term, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
c. The employer initiates the termination of the employment relation, without reason of non-compliance on the part of the worker, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
d. Either party acts unilaterally to terminate the employment relation following its renewal (irrespective of the period the worker has been in the employment of the employer and irrespective of the date of renewal)
2. Resident Visa ban
This type of ban is applicable to any serious labor offense considered illegal or absconding. The Federal Department of Immigration maintains a file of fingerprint samples and retina scans of banned individuals.
3. Employment ban.
This type of ban is also called work permit ban. you can work in UAE for limited time of period but can be applicable permanently or 6 months.
4. immigration ban
This ban denies the entry of the employee in the UAE. The reason depends. It may be a criminal offence, bad debt, bounced cheque, rape violence, rash drinking, drinking, theft, inappropriate relationship, etc. Immigration ban is also applicable when you have broken government rules and regulations.
HOW TO AVOID VISA BAN IN UAE
There are 2 legal ways to avoid ban in 2017:
1. Mutual Agreement
2. Professional Qualification and New Salary
2. Professional Qualification and New Salary
Mutual Agreement: Employees who decide to end or cancel their employment contract/ visa with the permission of their employers (companies) will be allowed to transfer to other employers (companies), even if they have not completed two years in their present company. The latest ban rule, announced in Jan’16 is based on mutual agreement, and that ban can be dismissed if the work permit or employments terminated on mutual agreement between employee and employer.
In short, ban may not be imposed in cases where the employer and the employee have mutually agreed to terminate the employment contract.
Professional qualification and new salary: Labor bans are also not imposed if, after termination of an existing employment contract, one is subsequently offered remuneration as per one’s professional qualifications. In other words, if you are holding certain education certificates, or your educational qualification meets the written levels mentioned herein, and your new company agreed to pay you the minimum salary as written below, then you will not have to worry about a ban.
The required educational qualifications are:
- Bachelor Degree (1st profession level) – workers possessing this degree will require atleast Dh.12,000 salary in the offer letter and contract from a new employer.
- College Certificate / Diploma (2nd profession level): Those holding this certificate or related diploma, minimum salary should be offered to you by your new company should be at least Dh.7000.
- Secondary Education Certificate (3rd profession level)
- Expats with Secondary Education Certificate should be given minimum Dh.5000 salary from the new company, and this salary should be written on employment contract.
