Mastering Visa Cancellation: A Step-by-Step Guide to Seamless Final Settlement
To do the visa cancellation and final settlement you must know the labor rights in the UAE very well. In this way, guarantee a transparent process for both you and the employee. Furthermore, by complying with the laws and requirements you will avoid having to face legal consequences for this reason.
In this article, you will learn what the cancellation of the visa for the end of work entails and what the law of the Emirates dictates. Likewise, you will learn other details that will allow you to handle the process properly, and the visa cancellation and final settlement letter sample.
Introduction for Visa Cancellation and Final Settlement
Visa cancellation and final settlement in Dubai can be caused by various factors, such as job termination. In this case, this visa is one of the most requested in the Emirates by foreigners. Therefore, upon termination of the contract by the employer or employee, a visa cancellation process and final settlement will be necessary.
Importance of mastering visa cancellation
Visa cancellation and final settlement process very well. In this case, you will need to know who can cancel the visa. Also, according to Labor Law, the only one authorized to cancel a visa is you as the employer and sponsor.
Additionally, when a foreigner wants to work in the country, he or she will need to have a sponsor for the visa and other necessary permits. Thus, only you as the sponsor will be authorized by law to cancel the visa and make the final settlement. Therefore, the employee must request the start of the process through the visa cancellation letter.
The letter will state the reasons for canceling the visa and work permit. On the other hand, if you stay outside the country for more than 6 months, the visa will be automatically cancelled.
The significance of a seamless final settlement process
- If your employee wants to terminate the contract or leave the country, you will have to do the visa cancellation and final settlement UAE. Therefore, your employee must request this cancellation from you because if you do not do it correctly, you could face legal charges and penalties.
- Both visa cancellation and the final settlement will be a mandatory requirement for any worker who wishes to leave the country. If you do not follow the regular channels for this procedure, your employer may report you as a fugitive. In this case, you will get the ban which will prevent you from applying for a visa again let alone traveling to the UAE.
- Likewise, if this happens, you could be arrested upon returning to the airport. Similarly, for employees and employers, it is essential to follow the rules and regulations for visa cancellation.
Understanding Visa Cancellation
Below, you will see some fundamental aspects so that you can understand the visa cancellation and final settlement processes:
Types of visa cancellations
Next, you will be able to know the types of visa cancellation that exist in the UAE:
A common reason for visa cancellation is because your employee did not comply with the contract specifications. Likewise, if your employee decides to leave the emirate voluntarily, the employer may cancel the contract. Furthermore, this cancellation must be made before requesting the cancellation of the visa.
Another reason for visa cancellation is that it has expired and your employer has not renewed it. Equally, it will occur with other types of visas whose expiration date will depend on the type of visa and the purpose of the trip.
Apart from the above circumstances, the visa may be canceled for other reasons such as automatic cancellation or violation of any law that leads to it. In the case of automatic cancellation, it will be effective if you leave the country for more than 6 months, as we mentioned previously.
Additionally, an unforeseen reason for canceling a visa is the death of the holder and in this case, the process will be the same.
Common reasons for visa cancellations
Below you will know the reasons why you could do visa cancellation and final settlement Dubai:
The Dubai authorities may cancel your visa if you exceed its validity period. They could also cancel your visa if you have provided false personal information to government customs entities. Also, cancellation is possible if you commit a serious crime that warrants it or deportation.
Likewise, if you lose your visa and go to the authorities to properly notify it, it could result in the revocation of your document.
Concerning policy changes, this could refer to any changes to Employment or Immigration Law relating to visa rules.
In this case, when you decide to return to your home country or if you want to undertake another personal project, you could cancel your visa.
Step-by-step guide to Visa Cancellation
Visa cancellation and final settlement could be a simple process if you follow all the steps for the process. Therefore, to do this task, follow the guidelines given below:
You, as an employer, will have to give your employees advance notice if you cancel their visa. Additionally, your employee must comply with notification of this action because in both cases, employees will have to sign a letter. In this case, with the letter, the employer can proceed with the cancellation of the visa.
Yes, a worker has the right to know when their visa will be cancelled. Additionally, employees must sign a letter for their employers to continue their work permit and visa cancellation.
Timing and communication from authorities
Employers must communicate the cancellation of the visa to the relevant authorities within a reasonable time.
For you to successfully process visa cancellation in the emirate, you will need to submit the necessary documents such as the following:
- Resident visa.
- Emirates ID card of the employer.
- Visa cancellation request form duly completed by the sponsor.
- Approval formulated by the MoHRE.
- Cancellation amount.
- If the visa holder dies, the death certificate must be presented.
They may need additional documents depending on the validity of the visa and the specific situation. It is advisable to check the requirements before going to any visa cancellation service center.
Checklist to initiate and processing visa cancellation
It is important that before completing the visa cancellation process, you note some issues that we will describe below:
- Close accounts and pay any outstanding utility bills.
- Properly invalidate the rental agreement and vacate the space.
- Make arrangements to transfer or sell vehicles.
- Close bank accounts.
- Verify the validity of your visa and health insurance.
- Obtain educational certificates for children.
- Settle any debt and obtain authorizations.
- Consult a lawyer or tax advisor about any liability.
Also, by checking this list, you will be guaranteed to leave Dubai or any of the emirates, without problems.
There are certain obligations that you must comply with when initiating the visa cancellation and final settlement UAE. Next, you will see what it is about:
Rights and obligations during the process
The employer may cancel the visa and make a final agreement when his employee does not show up for work. On the other hand, in the event of termination of the contract, the employer must correctly comply with all legal guidelines to cancel the visa.
Likewise, the employee will have the right to receive the cancellation of all benefits and benefits that correspond to him due to the end of service.
Seeking legal advice if necessary
You must consider legal advice if necessary, due to labor or legal conflicts or disagreements.
Final Settlement Procedures
According to Emirates Labor Law, the final settlement agreement is the rights to end-of-service benefits or EOSB. Next, you will see some aspects of it:
If your employee leaves on their own due to visa cancellation, it will be important to determine when the amount they should receive is. Likewise, whether a worker in the private sector benefits from full-time contracts, they must receive the corresponding payment. In this case, be sure to calculate the amounts correctly so that the employee receives what is fair and you do not have legal problems.
Each worker must receive a fair amount for visa cancellation and final settlement. Also, this will be effective if the employee remains in your company for more than 1 year. In the same way, if the employee has days of unjustified absence, it will not be included in the calculation of service time. Likewise, the calculations should generally be done in the following way:
- For employees with less than 1 year of service, there will be no bonus
- For workers with more than 1 year of service but less than 5, they will receive an equivalent of 21 days of salary per year worked.
- A worker who has completed 5 years of service, he or she will receive a bonus of 30 days of salary per year worked, after 5 years.
- For all situations, the bonus cannot exceed 2 years of regular salary.
Benefits and outstanding payments
Labor legislation indicates that in the final resolution, you will pay your employee financial benefits. Therefore, if you are from the private sector or are a full-time employee, you will have to pay the benefits without forgetting the Voluntary Savings Plan. In the same way, by knowing well the rights and prerogatives of your workers, you will be able to negotiate better and your employee will receive what is fair.
Additionally, your employee must receive their payment 14 days after the termination of the contract.
Exit interviews and clearances
There are procedures to follow for visa cancellation and final settlement Dubai and exit processes such as authorizations. Below you will find a compendium of them:
Importance of thorough exit procedures
To leave the country, the procedure is relatively easy if you comply with the requirements. However, employees or any person must strictly comply with the following:
- Pay utility bills and debts.
- Cancel your leases.
- Sell your assets.
- After doing this, the employee should send you the visa cancellation letter. With this document, you will be able to do the rest of the process for visa cancellation and final settlement.
- If you have an investor visa or are self-sponsored, you could cancel it yourself without needing a sponsor
Obtaining necessary clearances from authorities
For visa cancellation and final settlement, the employer will need approval from the MOHRE or the Ministry of Human Resources and Emiratization. Therefore, this is the most important step because the residence visa can only be revoked after canceling the work permit.
Likewise, you will need to apply to the Federal Identity and Citizenship Authority (IPC) to officially cancel the residential visa.
Visa cancellation and final settlement letter sample
There is no particular template for the visa cancellation letter in the United Arab Emirates. Therefore, the letter varies in its structure depending on the circumstance of the cancellation.
Practical Tips for Relocation
Finding alternative accommodation
After visa cancellation and final settlement Dubai, if possible could make effective relocation management. Therefore, your employee continues to have your company in good esteem. Similarly, the company has invested time and money in that employee.
After visa cancellation and final settlement, you will need to find methods to ship the belongings of your employee. Hence, an employer is responsible for the repatriation of their worker and everything that entails.
Planning for the next steps
Below is a checklist for planning the relocation of your employee:
- Potential impact on the family of your employee.
- Potential relocation expenses.
- Cost of living in the new area.
- Advancement opportunities after relocation.
Emotional Well-being during the Process
Generally, when an employee is relocated, many employers only think about practical matters. However, they do not remember that they are moving people and do not take their emotional well-being into account. Therefore, be sure to take a person-directed approach and not so much a material one.
Acknowledging the emotional toll
An employee could be emotionally affected by a relocation or move. Likewise, if not treated carefully, it could also affect the rest of the work team of your company.
Coping strategies for dealing with stress and uncertainty
After visa cancellation and final settlement, with an employee missing, the workload could affect staff with uncertainty and stress. Thus, if your employees are not engaged, production will go down. In this case, you must ensure that employees have coverage for all needs, including emotional needs.
Visa cancellation and final settlement are essential if you are terminating a contract or if the employee wishes to leave the Emirates. Likewise, the process is simple, you only have to comply with the legal requirements. With this, you would also avoid legal sanctions that could lead to deportation.
For further advice, please contact our team and we will resolve your concerns or doubts regarding this and other related topics.