UAE is a diverse country. People belonging to different regions and cultural backgrounds are inhabited here. Expats come to UAE in search of better employment opportunities. They come here to make a better future for themselves. But what if you are absconded?
People from all over the world, mostly from Asia come here to work. This is a region that is open to all. Some people come on travel or tourist visas while others study or visit visas. But UAE has strict laws and policies for people who work here and for absconders
Workers have the right to enjoy but you need to be responsible for your duties as well. You need to fulfill all legal requirements to stay in UAE. Also, you need to follow legal routes to exit from UAE, or else you are reported absconded.
What is absconding?
Absconding is a term used for the people who leave the country without permission. Most of the ex-pats working here are under contract. But when they disappear or escape the country without informing the employer, they are reported absconded. If the employee does not report at the job in a period of seven days, the employer has the right to file a report of absconding against the employee.
People can have various reasons to leave the country uninformed. They can have any emergencies. They can also be defaulters of creditors. Each of the given situations can lead to different ranges of outcomes for the people. Yes, People who got absconded can return to UAE but after facing a series of legalities.
Source: Khaleej times
According to UAE labor law Article 120,
If any employees remain absent uninformed for more than seven days, the employer can file an absconding case against the person.
According to labor law Article 128 and 129,
If a non-national worker leaves a job in between the contract and without informing the employer, he or she is banned to work in UAE for one year. No other company can employ absconders without the consent of the previous employer and permission from the Ministry of labor.
Can an absconder return?
People who are banned one time have a chance to return after one year ban. But for people who are absconded more than one time are not likely to re-enter UAE.
How to return after getting absconded?
For such cases as explained above, the absconding ban is for one year. The person cannot come to the country to work during that period. If you try to enter, there is a high risk of getting arrested at the airport. But in this case, only, you can enter UAE on a tourist visa. You will not be stopped from entering the country. Absconders who enter the country on a tourist visa can only visit the country. They are not allowed to work in UAE. They can travel around as a tourist only. The absconding ban can be a lifetime as well. It cannot be lifted without the consent of the company or employer you are working for.
Absconded due to Overstaying Visa limits:
In this case, if you are absconded by your employer for overstaying your visa., when your whereabouts will be available, you will be directly deported to your country. You will also have to face criminal charges in UAE. People will have no chance of returning to the country. If you want to be back in the country, you can hire a representative and a lawyer to fight your case legally.
Absconded due to Debts:
If you are one of the people who left the country to avoid debts. If you were heavily loaned, and you escaped the country to get rid of the loans in this case, you cannot visit the country again through any route. Once, you step foot in UAE, you will be arrested and in the next step, you will be behind bars. But you can still look for legal options to fight your case.
A tourist visa can be a sort of trap for people in such cases. The UAE government can give visas to trap people into the country and arrest them for the case of fraud.
How to return if absconded due to debt?
Still, if absconders want to enter UAE, they must look for the cases registered against them in the police. In case, you are indebted to someone and had to leave due to a family emergency, contact your creditor. Explain the situation and get him to take back the absconder report filed against you. Look for a representative in the UAE who can pay your outstanding dues and get you cleared out of the case.
If you were under a contract in UAE and you left the country without informing the employer. Or you left the country before the contract’s expiry date, find a representative. Contact your company or employer and talk to him. Ask your representative to guarantee your return. Get a confirmation letter from your employer so that you don’t get arrested at the airport.
Submit a NOC letter on lifting the case on you. Your employer will submit it with a Trading license and passport at the Ministry of Labor office and get the approval. Get the clearance letter and submit it at the airport before you arrive.
If an absconder is found escaping in any region of UAE, he will be deported to his country with a series of cases followed.
What to look for if absconded and want to return:
Being an absconder, you need to be aware of certain things before entering UAE. Check for the cases against you. Get a clearance letter for your creditor, or company owner. In the case of banks, get in contact with the bank PRO, yourself. Don’t travel without a clearance certificate to Dubai International Airport not even for a flight exchange, you will directly get arrested.
UAE has also launched an amnesty scheme for absconders. The one-stop platform will run the cases of absconded people. They will be given a chance to legalize their status without having to pay a fine or getting banned. People who do not have any criminal history are eligible for this scheme.
An employer can also file an absconding report against the employee. The employer may not want to pay or is not ready to carry the dues as promised. In this case, the absconder can counter the case, as the employer will not have sufficient evidence to prove guilty.
Hence, UAE has strict employment and immigration laws. They make sure that all the basic laws are being followed and punishments are given to non-abiders.
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