I have cancelled my visa issued by the Sharjah Airport Free Zone as per the standard procedure, but I have not closed my account with Sharjah Islamic Bank. I don't have any loans and the account has a zero balance. I am now back in India. I would like to know if there is any possibility that the bank can ban me from entering the UAE, as I have not closed the account. SK, India
A bank cannot take any action against a customer unless it has a good reason, such as an unpaid debt. Banks cannot get people banned from entering the UAE per se, but if they get a police case registered against them then a person can be detained on entry. This is not the case here. While it is not essential to close a bank account on leaving the UAE, it is wise to do so in case charges are applied for keeping the account open. SK would be advised to contact the bank to tell them he has left the country and wishes to close the account. It is important that he gets written confirmation to this effect as proof in case there is a query.
I am working on a LLC company visa and have been with them for seven months. I have now received a better offer from a company in a free zone and they want me to join within 20 days. My current employer will not cancel my visa and they are also holding my passport. What can I do? PE, Dubai
There are a number of different issues here. If anyone wishes to resign they are obliged to give formal notice and this is usually at least 30 days per UAE Labour Law. Anyone who chooses to leave a company having worked for them for less than a year will receive an employment ban. The only exception is if they are changing job within the same free zone. A ban can be issued for anyone leaving within two years but is reduced to one year if a person has a specified level of qualifications linked to a minimum starting salary. These are stated as a high school diploma and new salary of Dh5,000 or above, or a postsecondary school diploma and a salary of Dh7,000, or a salary of Dh12,000 for someone holding a bachelor’s degree. An employer cannot refuse to cancel an employee’s visa but is not obliged to do so until the full notice period has been served. It is against the law for any employer to retain their employee’s passport unless it is required for an official reason such as obtaining or cancelling a visa, and they should then only hold it for the minimum amount of time necessary before returning it. If the employer refuses to return the passport PE can register a case with the Ministry of Labour or even contact the police.
Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years of experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice
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