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Tuesday 9 February 2010 (24 Safar 1431)
 

Law and You by Mohammed Jaber Nader

 
 

A.R. My work permit (iqama) expired in September. I have yet to receive my new visa. Now my employer is preparing a final exit. Is it possible to cancel this final-exit visa, or can I return to Saudi Arabia on a new visa. How long would it take to return from India?

It is not possible to cancel the final-exit visa. Once the paperwork is issued you must leave the country or you will be breaking the law. If you want a no-objection certificate and your employer is reticent to provide it, you can try to negotiate by offering to forego some or all of your end-of-service rights. Sometimes an employer is willing to provide this consent if you tell him he doesn’t need to buy the airline ticket home, or doesn’t have to give you all or part of your end-of-service bonus. With this no-objection certificate, you can go home and reapply for a visa. However, keep in mind you may be expected to stay out of the country for a year before returning to Saudi Arabia.


 

T.A.N. I am working for a car-rental company since I transferred my sponsorship in February 1996. Now I have another offer with good benefits. If I resign they will not release me to work for another company.

If your present employer is not going to give you a no-objection certificate to work elsewhere there is nothing you can do except work through to the end of your current contract, leave the country and return. And you might have to stay out of the country for one year.


 

R.S.D. I am an Indian in Jubail working with a company that did not recruit me. My company has a project in Kuwait and offered to get me a visa to work there. Instead of going directly, I would like to go first to India and then return to Kuwait with their company visa. I hope then to stay in Kuwait, for the probation period and see whether I accept. If I do not, I would like to return to Saudi Arabia and do not want to lose my Saudi visa. Please advise.

You are thinking as if you are in India; if you don’t like working in one place you go to another place. This is not the case here. You are bound by your agreement with your employer for the duration of the work contract unless your employer provides consent to release you. You are in a bad situation if you are working for a company other than the one that recruited you. The best advice I can give is for you to discuss the matter with your present and prospective employer and reach an agreement with them. With their consent you can do what you would like to do. Without their consent, no such luck.


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