Before you start working for any company, it’s always a good idea to familiarize yourself with some legal terms related to your employment agreement. One such term is “Absconding in UAE”, since it’s a how-to-check visit visa absconding case in UAE? A very serious matter thereby Prospr wants every employee to know what Absconding in UAE, so they don’t find themselves in legal trouble later on. Let’s find out what this term is all about and how you can avoid it.
What is absconding in UAE?
Absconding in UAE refers to a situation where an employee leaves the job without previous authorization from an employer or without giving his employer proper notice. So, if you leave your job without any notification for almost 7 days, you will have to face serious consequences due to an absconding case such as legal actions, fines, penalties, a travel ban, or even deportation.
The UAE government take this matter quite seriously because this action of an employee adversely impacts the employer’s business operation. He may face financial loss due to the sudden departure of an employee who is supposed to handle the business. It’s difficult to find a suitable replacement right away and financial loss is possible.
As an employee, you must know everything about Absconding in UAE and get a clear picture of how you can handle an absconding case or simply prevent this situation. Read on to get a clear idea:
Common situations for cases of absconding in UAE
Here are some situations that are regarded as Absconding in UAE:
Leaving your employer without notice
According to Article 28(1) of Cabinet Resolution No.1 of 2022, when an employee remains absent from work without informing his employer or simply disappears for seven days, the employee will be absconding. If you want to take a leave, you need to give a notice to your employer or at least inform them or get permission. When you don’t do that you are not following your employment contract, it’s a breach from your side.
Overstaying a visa
Once your visa expires, you need to leave the country or at least renew it, but when you overstay, it’s absconding.
Working for another employer
Your employer issues you an employee visa and hires you so you can work for him. Some employees leave the main employer and start working for another employer. This situation is also referred to as absconding.
As far as the legal framework governing absconding in UAE is concerned, you can check UAE Labor law on this matter (Federal Law No. 8 of 1980 ) and also guidelines set by MoHRE (Ministerial Resolution No. (721) of 2006)
Fleeing Sponsorship
When you get a sponsor from a company or individual and you leave your sponsor without informing them, it will open an absconding case against you.
Learn about How to get a UAE residence visa?
What’s Absconding with a visit visa?
When you have a visit visa and your visa expires but you still stay within UAE, this situation will be marked as absconding in UAE. You must understand that people with residency visas also have to face the same case if they overstay with an expired residency visa and fail to review or exit the country on expiry.
When your visa gets canceled and you still don’t depart within the given time frame, it’s also referred to as absconding in UAE. You need to understand the visit visa and residency visa absconding cases carefully. The General Directorate of Residency and Foreigners Affairs (GDRFA) regulates this matter all over the UAE.
What causes absconding in UAE?
An employee or visitor absconds due to their reasons. But here are some common reasons that lead to this specific case.
- Dissatisfaction: An employee may be dissatisfied on the job as he experiences excessive workload, unfair treatment, low wages, unsafe work environment, etc.
- Conflict: Another major reason for this sudden disappearance is disagreement between employee and employer regarding their contractual obligation, job duties, benefits, salary, etc.
- Unintentional overstay: Sometimes, you are so occupied with your work and career journey that you lose track of time or forget all about the renewal of your visa.
- No cash: Sometimes, you don’t have enough money to renew your visa. Thereby, you overstay till the time you have money to renew your residency visa.
- Termination: Sometimes, an employee loses their job and overstays on their visa with a fear of deportation or having no money to renew their visa.
What is the punishment for absconding in UAE?
If you are an employee involved in a case for absconding in UAE, here are some legal consequences an employer and government can take against you:
- Deportation: You will be deported by the government at your own expense.
- Travel ban: You won’t be able to re-enter the UAE and some other specific GCC countries once the UAE government imposes a travel ban. This ban could be temporary or permanent.
- Blacklist: UAE government may blacklist you in the immigration system. As a result, it will become challenging for you to obtain via from UAE or any other country.
- Limit future jobs: If you are involved in an absconding case, you might not find any other job in UAE in future. The strict labour law limits your job opportunities.
- Penalties and fines: You may have to compensate your employee for the loss caused by your absence. Besides, the UAE government will also impose some fines and penalties.
Consequences of Absconding in UAE case for an Employer
If an employee leaves an employer, then it becomes the employer’s duty to report to authorities about absconding. Disappearance of employee unlocks administrative hassle for employer. In case an employee leaves the job due to unfair labour practices or some genuine reasons, it’s possible that the employer may experience a legal case where they might need to compensate their employee. When a company has frequent absconding cases reports, it’s a red flag for potential employees. It will disrupt the company’s reputation and make it hard for them to hire new talent.
What is an absconding punishment for overstaying a visit visa?
- Visitors will face the following consequences if they overstay their visa in UAE:
- Daily fines will be imposed by the government
- A travel ban will restrict future travel in the UAE
- An absconding record will make the process of renewing a residence visa pretty challenging.
- The UAE government may deport or blacklist you.
How can employers report absconding cases to MOHRE?
Here are some steps you need to follow:
Step 1- Collect documents
Before you report the case, you must have all the documents that serve as evidence in your absconding claim. Here is what you must have:
- Employment contract
- Work schedule document signed by the employee
- Record of attempted communication with the employee (phone logs, emails, text, etc)
- Proof that the employee is still in the UAE
MOHRE gives three months for reporting this case. This time starts from the last day the employee works for you.
Step 2-Submit your case
You can report this case by visiting the official website of MOHRE or through an application. Provide details of absconding alongside all the evidence you gathered.
Step 3-Review
MOHRE will review the case and may ask the employer for additional documents and information. Processing time is two to three working days.
Step 4-Result
When MOHRE validates the employer’s claim then they will cancel the work permit of the employee and impose a travel ban on them. In case an employee has a valid reason for the absence, this case will be dismissed by the authority.
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Who will report absconding (visit visa)?
The sponsor of the visit visa needs to report absconding to the General Directorate of Residency and Foreigners Affairs (GDRFA). You need to report absconding as quickly as possible, though there is no timeline you must follow.
Are there any amnesty programs for Absconding in UAE?
Well, there is no special amnesty program in UAE that addresses absconding. However, if you pay the additional fee of amnesty, you can stay in the UAE legally without facing fines, penalties and deportation. If you have violated some rules of your visa such as overstaying or working without a permit, you can avoid a travel ban and deportation by the government. All you need to do is to come clean and seek legal guidance in this regard.
How to prevent absconding cases?
Absconding cases lead to serious legal actions, fines and penalties. So, if you want to avoid all that you should follow some basic rules:
- Discuss with employer: First of all, you must read your employment contract carefully. This contract will help you understand all the guidelines and important terms. Once you are familiar with your duties and responsibilities, you can avoid scenarios that can lead to a breach. In case you are dissatisfied with your job, it’s always a good idea to discuss this matter with your employer. Try to find a solution to your problem and resolve conflict.
- Prior notice: Every employment contract has a specific clause that defines the notice period. You must follow it. Generally, two weeks advance notice is a general practice, but check your contract to get a clear idea. If you want to leave the job, always inform your employer. Another important thing you must have before leaving the job is a clearance certificate from your employer. Make sure all your dues are clear.
- Plan ahead: If you are on a visit visa, which is about to expire soon, you must plan for it. Either extend your visit and inform your sponsor about it. Overstaying without informing the sponsor may lead to legal issues. You can prevent unintentional violations by getting a complete understanding of UAE immigration regulations.
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How to remove absconding in UAE?
Are you dealing with an absconding case in the UAE? Want to know how to remove it? Here are some steps you need to take
1-Consultation: Book a consultation with Prospr and get expert guidance on this matter. Our legal team will guide you regarding UAE law and the process that you need to follow.
2-Gather evidence: As you will eliminate this case against you, it’s always a good idea to collect files from your previous employment such as visa, passport, felony office work, etc. When you have a valid reason such as unfair employment practice then you can resolve this case with supported evidence exponentially.
3-Contact previous employer: It’s always a good idea to approach your previous employer instead of involving authorities in the matter. Explain your problem clearly and show your willingness to fix the problem.
4-File a complaint: In some cases, the employer isn’t ready to hear your side of the story and agreement with your employer seems impossible. In that case, you need to file a complaint with MOHRE. Provide all the details and submit supported documents/evidence.
5-Attend mediation meeting: MOHRE will inform you about a meditation meeting between you and your employer to settle the matter. Attend this meeting and try to resolve the matter or find a settlement.
6-Pay fines: Even when you settle, you must pay fines and dues. These steps will help you clean the status of absconding in UAE from your immigration file.
7-Apply for a new visa: Once your case for absconding in UAE is resolved, you need to find a new company or sponsor to get a new residency visa in UAE.
8-Exit and re-input: You will exit the country and re-input with a new visa. It will change your criminal status in the UAE.
Must read: How to check Emirates ID Status in UAE
How long does absconding last in the UAE?
Absconding remains on your immigration file for a year. The exact duration depends on your specific case.
Can I return to the UAE after absconding?
If you have left the UAE and are involved in absconding in UAE, your return to UAE is a difficult scenario. But it’s possible to do that after paying outstanding fines.
Can you exit UAE with an absconding case?
No, if you have an active absconding in UAE case, you can’t leave UAE until you resolve the issue.
What happens If I overstay my visa in the UAE?
It’s an absconding situation that may lead to a legal fine (charged daily) or deportation. Travel bans from UAE and other GCC countries are also possible.
Prospr offers expert guidance regarding Absconding in UAE.
Whether you are an employee who is dealing with an absconding in UAE case or a visitor who has come across this legal matter, remember Prospr is here to help. We have a team of legal experts who can help you in this regard. You can get their help and avoid legal complications and penalties. Send your inquiries to hello@Prospr.ae