UAE - Market Situation

[sumairalam]

Dear ,

The immigration and residency rules are very much complex in UAE. But generally speaking to switch from one employer to another , the employee need No objection certificate (NOC) from current employer.

When Labour Card is canceled 6 months Automatic ban is imposed, means you are not allowed to work for another company for six months.

I am quoting the exact procedure for change of sponsorship for ready reference

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B6-Transfer of Sponsorship

B61-From a Sponsor to Another

Definition
It’s changing the job from the current sponsor to a new sponsor, who will have to follow all the conditions and the procedures designed for the transfer.

Step 1 First approval
The new employer should get permission from previous employer to apply for transfer of sponsorship of a worker associated in his firm, after getting an approval from the Ministry of Labour.

[Unquote This refers to NOC]



Step 2
Final approval


Application Form
Internal Labour Permit application (Transfer of Sponsorship)

Conditions

• The worker must have a valid residence permit affixed to his passport.
• The worker must have a valid labour card.
• If there is no suitable UAE National or GCC citizen to fill up the post.
• The job that will be performed by the worker with the new sponsor must be in conformity with the worker’s qualifications and experience and the activity of the firm.
• The worker must have spent a specified period in the service of the original sponsor prior to his transfer. This period will be calculated from the date the labour card is issued or renewed, and will be as follows for all categories
- One year for holders of Masters and PhD degrees. They are allowed to transfer their sponsorship for unlimited number of times.
- At least two years for holders of Bachelors degree or its equivalent. They are allowed to change their sponsorship twice during their stay in the country. However, they may be exempted from the condition of service period upon payment of a fee at AED 3,000 and provided they have spent at least one year with the original employer.
- At least three years for other categories with lower qualifications, who are allowed to transfer their sponsorship only once during their tenure in the country. They may also be exempted from the condition of service period upon payment of a fee at AED 3,000 and provided they have spent at least one year with the original employer.
• All labour categories can be exempted from the condition of service period provided they pay AED 3,000 under the following conditions
- if the company announces its bankruptcy, is closed down or liquidated as a result of a court ruling;
- in the event the Ministry of Labour cancels the company’s license (firm card);
- if the ownership of a company has been transferred to another owner;
- if a company has been merged or incorporated within another company;
- if the company has been divided to heirs after its owner’s death or any other reason;
- in case a stake of the company has been sold to another company; or,
- If the company’s owner dies, leading to its closure.


• The 1 year clause can be exempted based on the following conditions
- The approval from the current sponsor
- The minimum qualification should be a high school certificate
- The following fees should be paid
#61607; transfer of sponsorship approval fees
#61607; The fees for the exemption of the service period (3000 AED)
#61607; 500 AED for each month to complete the one year service period
• The approval from the Minister or the Undersecretary.

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This law does not apply to Free Zones / Special Zones.


Best Regards