UAE Visa Ban | All you need to know about Travel Ban

UAE Ban

Welcome to UAE LABOURS Blog, 2023 is about to end and expats are looking for new jobs in UAE. Hundreds of expats who are working in UAE may want to change their jobs in upcoming days, to do this they need a secure and safest step that won’t make problem for tomorrow.

We have seen employees with cancelled visas struggling and asking for help as GDRFA said people with cancelled visas or with ended grace period need to leave country or change status by getting new visa, so what step do they need to take? 

People who have tried to change their jobs without knowing or getting enough info about UAE LABOUR LAW and Visa Issues, they are paying for their hurry act, some of them are facing hard time while some of them are in a waiting list to complete their ban period.

Read: Types and Reasons of UAE Ban

It was announced by Ministry of Labour that there is no ban from January 2016, yes it is true, but there are some facts (terms and conditions) that need to be read first.

This Guide will help everyone who want to change sponsor/company.

Questions mostly visitors asking:

1: Can I leave job without completing Contract?

2: Can I join new company within 6 months?

3: Why people are facing ban, even government announced “no more ban”?

4: What is the Minimum required salary to avoid ban?

5: Can we face ban in 2024?

6: What are required documents to change sponsors in 2024?

7: Which profession is excluded from new ban Rules?

8: What is the maximum ban period in case of early visa cancellation?

9: Will I need to pay to company if I want to cancel my visa?

10: What is Mutual agreement?

11: What are terms and conditions for No more Ban Rules?  

Before proceeding to below Guide, we want you to check your Employment contracts through which you can know if you will face ban or not? you can also check your contract online.

There are 2 Types of Labour Contracts in UAE.

1: Limited Contract:

Limited time contracts also known as fixed term contracts which are using for specified duration with listed beginning and completion dates.

2: Unlimited Contract:

Unlimited Contracts where the employee (worker) continues his/her work for company (employer) from a specific time (date) till the agreement or contract is terminated by first or second party after giving prior notice.

Leaving Job on Limited Contract:

If you are working in a company under Limited Contract period and want to change sponsor or leaving company without completing it, you will be liable (responsible) to compensate (pay) your employer (company) with an amount not exceeding your 45 days salary.

Article 116 of LABOUR LAW states:

"Where a contract is revoked by the worker for reasons other than those specified in article (121), he shall be required to compensate the employer for any prejudice the latter sustains as a result; provided the amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract, whichever is shorter unless the contract contains a provision on the contrary."

Ban on Limited contract:

The provisions pertaining to imposition of Labour ban follows the provisions of Article 128 and 129 of the UAE Labour Law. Article 128 deals with the provision of law in respect of termination (cancellation) of a limited time employment contract and is stated: 

"Where a non-national worker leaves his work without a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such worker or keep him in his service before the expiry of such period."

Leaving Job on Unlimited Contract:

You are lucky if you owned an Unlimited Contract, Employees who are working under Unlimited Employment have legal rights to terminate the employment by giving a prior notice period of 30 days.

Article 117 (Federal Law No 8) of UAE LABOUR LAW states:

"Both the employer and the worker may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination."

Ban on Unlimited contract:

"Where a non-national notifies the employer of his desire to terminate a contract of unlimited duration and leave his work before the expiry of the statutory period of notice, he shall not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit or keep him in his service before the expiry of such period."

How to Avoid Ban under New Ban System even we haven’t completed the Contract?

There are 2 legal ways to avoid Ban in UAE:

1: Mutual Agreement:

2: Professional Qualification and New Salary:

What is Mutual Agreement?

Employees (workers) who decide to terminate or cancel employment contract/visa with a permission from their employers (Companies) will be permitted to transfer to other companies (employers), even if they have not completed two years at the present company.

1: How to Avoid Ban on Mutual Agreement:

The latest Ban Rule “No More Ban” that was announced last January 2016 is based on Mutual Concept/Agreement and that ban can be dismissed if the work permit or employment are terminated on mutual agreement between employee and employer (worker and company).

In simple words, ban may not be imposed in cases where the employer (company) and the employee (worker) have mutually agreed to terminate the employment contract.

Article 130 states:

"The provisions of article 128 and 129 shall not apply to a non-national worker who, before taking up other employment, obtains the authorization of the Minister of Labour and Social Affairs with the approval of the original employer."

2: Professional Qualification and new Salary:

Please note that employment bans are not imposed if after termination of an existing employment contract, one is subsequently offered a remuneration prescribed for one's professional qualifications.

In simple words, if you are holding below education certificates or your educational qualification meets below written levels, and your new company agreed to pay you the minimum salary that written below, or at least they agree to write it in new contract, you are under new Ban Rules that is “NO MORE BAN”.

Bachelor Degree (1^st Profession Level):

Workers who are holding a bachelor’s degree will require minimum 12,000 AED salary in an offer letter and contract from new Employer.

College Certificate/Diploma (2^nd Profession Level):

If you are holding college certificate or related diploma, the minimum salary that should be offered by your new company (employer) should be 7000 AED.

Secondary Education Certificate (3^RD Profession Level):

Expats with Secondary Education Certificate will require minimum 5000 AED salary from new company. This salary should be written on Employment Contract.

Article 4 of the Ministerial Order No. 1186 of 2010 states:

As an exception to the provision of the Item No. (2) of Article 2 of this Resolution, the Ministry may issue a work permit to an employee without requiring the two-year period in the following cases:

a) In the event that the employee is starting his new position at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage is not less than Dh12,000 at the first professional level, Dh7,000 at the second professional level and Dh5,000 at the third professional level."

We have written and divided UAE professions levels into 5 Categories:

Category 1, 2 and 3 are under NO LABOUR BAN RULE with Mutual agreement while Category 4 and 5 Excluded from the New Labour Ban Rule and may face ban in case of not completing the contract.

Level 1 Professions:

1. Manager

2. Engineer

3. Doctor

4. Teacher

5. Accountant

6. Accounts Clerk

7. Marketing Specialist

8. Quantity Survivor

9. Draftsman

10. Pharmacist

11. Administration Officer

12. Executive Secretary

13. Reservation Officer

14. Safety Officer

15. Public Relation Officer

16. Advertising or Graphics Designer etc

The minimum salary for Level 1 skilled labours (Category 1 workers) should be 12,000 AED with Attested University/Bachelor Degree.

Level 2 Professions:

1. Technical workers

2. Technicians

3. Mechanical Related Professions etc.

Salary on new contract should be 7000 AED along with College Degree/Certificate for Level 2 Professions (Category 2 workers).

Level 3 Professions:

1. Sales Executive

2. Sales Representative

3. Sales Supervisor

4. Site Supervisor

5. Administration Clerk

6. Correspondence Clerk

7. Custom Clearance Clerk

8. Cash Desk Clerk

9. Ticketing Clerk

10. Cashier

11. Receptionist

12. Store Keeper

13. Tourist Guide etc.

Category 3 skilled workers will require a Secondary Education certificate with minimum 5000 AED salary on a contract from new company to avoid ban.

Level 4 & 5 Professions: (unskilled Workers)

1. General Labours

2. Housekeepers

3. Construction Labours

4. Helper

5. Cleaner

6. Loading & Unloading

7. Office Boy etc.

IMPORTANT: Expats who are under Level 4 and 5 are not included in NEW UAE BAN RULE, incase if category 4 and 5 (Unskilled Labours) have not completed the contract with the their company/employer are exempted from this rule and may face ban up to 1 Year.

Important Links for Residents:

Check UAE Visa Status Online

CheckUAE Gratuity 2023 Online

CheckAnnual Leave 2023 Rules

Check Overstay Fine Exemption

Get Free Ramadan Meal

Check Your Visa Expiry Date

Movement Permit New Rules

Next Amnesty UAE 2023

No Salary for these Employees

Early Annual Leave Rules

Check Your Labour Card Online

Check Labour Contract Online