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How to get Employment Visa during ban period?
One year ban
Employees holding professions which do not require certificate (like Labour, sales, Driver, Mason, Carpenter…) will get one year ban if he/she didn’t complete six months with the employer. This is applicable for limited and unlimited contract. This ban cannot be lifted. If you resign after completion of six months, you can get another Work Permit if you follow below mentioned conditions.*
Six months ban
If your profession is secondary or higher level and if you resign before completion of six months under unlimited contract, you will get six months ban. But you can get another Work Permit if you follow below mentioned conditions.*
* The above mentioned ban can be lifted without any charges or NOC from the employer if the employee managed to get a new job opportunity, taking into account that the salary of such worker with the new company shall be in accordance with the skill level specified by the Ministry of Human Resource and Emiratisation:
* 1- First skill level: which means that if the employee is having university degree and above, his salary with the new company shall not be less than Dh12,000. Professions include: Manager, Engineer, Doctor, Teacher, Accountant, Accounts Clerk, Marketing Specialist, Quantity Surveyor, Draughtsman, Executive Secretary, Pharmacist, Administration Officer, Reservation Officer, Safety Officer, Public Relations Officer, Computer Operator, Advertising Designer, Graphic Arts Draughtsman etc. Click here for the list of professions.
2- Second skill level: if the employee is having diploma, his salary with the new company shall not be less than Dh7,000. This category includes Technical and Mechanical related professions.
3- Third skill level: if the employee is having High School / Higher Secondary Certificate, his salary with the new company shall not be less than Dh5,000. Professions include: Sales Executive, Sales Representative, Sales Supervisor, Site Supervisor, Administration Clerk, Correspondence Clerk, Customs Clearing Clerk, Ticketing Clerk, Cash Desk Clerk, Receptionist, Cashier, Store Keeper, Tourist Guide etc. No need attestation for Secondary / Higher Secondary Certificates. Click here for the list of professions.
If these three skills have not been met by the employee, he may not lift the ban and he/she shall wait until the completion of the ban period and then he/she may work with a new sponsor.
Above mentioned salary can be in total. It is not necessary to put as basic salary. New profession must be compatible with educational certificate. For secondary certificate holder, the new profession code shall end with 0000003.
Free Zones: The above conditions are not applicable for government / Semi-government / Free zone, Investor/Partner, Family and House servant visa.
Visit Visa During Ban Period
If you are undergoing an employment ban, you can visit the UAE but cannot be employed until the employment ban has been lifted/expired. But if you are imposed with an immigration ban, you cannot enter the UAE.
An employee must work for at least six months with an employer to avoid an employment ban from a mainland company, even though your termination is mutually agreed with your employer.
Article 1(I) 2 (if limited contract) and (II) 1 (if unlimited contract) of Ministerial Decree 766 of 2015 regarding Rules and Conditions for granting a permit to a worker for employment by a new employer which states that: “The worker and employer mutually consent to terminate the contract during the course of its term, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.”
Certain professionals are exempted
(b) Certain professionals are exempted from imposition of an employment ban during change of employment from one employer to another. This is in accordance with Article 2 of the Ministerial Order No. 13 of 1991 on ‘The organisation of the transfer of sponsorships of non-national employees the rules governing the same’, which states: “Non-national employees may be allowed to transfer one job to another and hence transfer of their sponsorship if they fall under the following categories:
(b) Doctors, pharmacists and male and female nurses
(c) Agricultural guides
(d) Qualified accountants and acc-ount auditors
(e) Qualified administrative officials
(f) Technicians operating on electronic equipment and laboratories
(g) Drivers who are licensed to drive heavy vehicles and houses.”
Based on the foregoing your prospective employer may apply for lifting the employment ban.
NOC for Removing Six month ban (Termination Letter Required)
Follow these steps: Get NOC in Arabic on previous company’s letter head, get seal and signature by the authorized signatory whose signature is shown in Labour Establishment Card, attach your termination letter and copy of Labour Establishment Card. Get offer letter in Arabic on new company’s letter head, Seal and Signature by authorized signatory, attach copy of Labour Establishment Card and License. Prepare a personal request letter in Arabic to remove the ban and sign by you. Take all these documents to Tas’heel Centre and they will make a covering letter (MB#) with envelope. Pack all these documents and submit at Ministry of Labour, Qusais. You can track the status through www.mohre.gov.ae. If it is approved, you can apply for new visa.
Click here for new fee structure of Employment Visa (04/12/2017)
Employment Visa cost break-up and Procedures (Company Category 2-D)
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