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An expat in the UAE reached out with a question on being threatened a visa cancellation while on vacation by the company’s PRO. Legal expert Barney Almazar of Gulf Law explains the legalities.
Reader asks: I had an argument with our company PRO and he threatened that he can cancel my visa anytime even without me knowing it. I am afraid that he will cancel my visa while I am outside UAE and I will have a problem when I return from my vacation. Are there any instances wherein my visa can be cancelled even without my approval? Also, can I be deported even if my visa is still valid?
Atty. Barney answers: As a general rule, the residency visa will be cancelled upon securing the signature of the employee and employer in the visa cancellation form. However, in certain instances, a visa can be cancelled without the signature of the employee. For example, if the employer filed an absconding case against the employee, the visa can be cancelled without the need of the employee’s signature. If the employee is outside of the country, the absconding case will not be accepted by the immigration department and your visa will not be cancelled as long as you return within 6 months from departure.
If your PRO files a false absconding case against you while you are in the country, you can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE) by proving that you have been reporting for work and your whereabouts have been known to the company.
Regarding your query on deportation, as a general rule, only those who are overstaying (with expired visas) are deported. However, the Ministry of Interior may issue an order for deportation of any foreigner, even if he holds a valid visa, in the following cases:
· if convicted and the court issued an order for deportation;
· if no apparent means of living; and
· if security authorities see that deportation is dictated by public interest, security, or morals.
Atty. Barney Almazar is a director at Gulf Law in the UAE, Philippines, UK and Portugal. He is a member of the Philippine Bar and holds a UAE legal consultancy license. He is listed by Thomsom Reuters as one of the Super 50 lawyers in the Middle East and North Africa. Asian Legal Business has ranked him as top lawyer in the Philippines, Southeast Asia and Middle East. barney@gulflaw.info, +971558650248
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