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EWmums

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ewmoda

Once a maid's visa is cancelled...

5499

Posts

EW MASTER

Latest post on 27 May 2012 - 10:04

...does she have 30 days to leave or country or get a new sponsor?

If so, what is her status in that time, and what can or can't she do in that time?

TIA

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311

Posts

EW EXPLORER

Latest post on 29 May 2021 - 21:03

I am nervous too on this subject... My maid just left 9 months into the contract and we spoke to labour department that she took all her stuff and did not allow us to check... since 1 month I have ...

Since you mentioned that she has left. Passport is personal property, by local law. Once you have resolution from the Labour department, you can proceed for cancellation, if that is not automatically done by them. You dont have much to salvage from it. Cancellation document has a last date for change of status or exit country. You need to check in Tasheel after 28 days, if she doesn't update you. In the event she has not complied, file an absconding report. These are the legal remedies.

1

Posts

EW NEWBIE

Latest post on 27 May 2021 - 09:24

I am nervous too on this subject... My maid just left 9 months into the contract and we spoke to labour department that she took all her stuff and did not allow us to check... since 1 month I have been having issues with her vas my Diamond Earrings have gone missing... but instead of blaming her and filing a complaint I have been looking for it along with her in my house. Now she has suddenly packed her bags and left.. the labour department on missing jewelery otherwise she will complaint about us that we were tourchuring her.. also she has her passport and labour department has asked bus to cancel her visa... she will pay us 1 month salary... my problem is that after cancelling her passport will be with her and she has 28 days before she leaves until then she is our responsibility... what if she robs as I now am certain that she has the tendency... Please advice. In desperate need

2287

Posts

EW EXPERT

Latest post on 17 August 2016 - 16:57

I think you're spot on with your observation that they just wanted to hold on for her for another month. Technically, from the minute they cancelled her visa until she: 1. Leaves the country or 2. Has a new sponsor, they are still responsible. Legally she cannot work for either of you during the cancellation period. In practice the authorities will be perfectly find with her working for you since you're in the application process. So I would indeed send them a copie of your application docs (which is what I did when I hired a lady from her previous sponsor) but you have nothing to hold them to if they decide not to let her go. Would they go so far as to lock her up? I doubt it. That said, do remind them that they are saving themselves the costs of a one-way ticket back home. I probably would try and agree on a transfer date and show up at their house. How is your maid going to drag her belongings over to you? Nothing wrong with a good employer in giving her a lift. And whatever happens, tell her to not run away. If they report her absconded she'll be deported and banned!

sourskittleashnut

984

Posts

EW GURU

Latest post on 17 August 2016 - 15:26

Thanks Oopsiedaidy. I spoke to them, they said she cant work for us because her visa with us is not stamped on her passport, and I replied she can because we have paperwork to prove to the authorities that we have started her visa process, whereas all they have is a cancelled visa. They wanted a guaruntee that they will get their deposit back and proof that we have started her visa process, I told them I am not legally olbigated to show them anything (right?!) but will send the visa payment forms and receipts to them to give them peace of mind. I repeatedly assured them I will keep them updated on the visa progress and ensure they get their deposit back. They are still hesitant about releasing her, I think they were planning on keeping her captive till her new visa was physically stamped on, but I've told them they cannot hold her to stay with them. I've given them a deadline that she has to start working with me, I'm hoping that they honor it. What are my rights here? What if they don't release her on the agreed date? I can't exactly show up at their house, and I don't want her to run away from them its just unnecessary drama. I'm trying to do everything by the book but they are making it very stressful :( As it is I'm 4 months pregnant and have been searching for a maid for months, just getting really frustrated now !

2287

Posts

EW EXPERT

Latest post on 16 August 2016 - 23:17

They can only get their deposit back with a copy of her fully processed visa and a copy of your our dh's passport with the maid's visa in it. I would call them myself aid I was you.

sourskittleashnut

984

Posts

EW GURU

Latest post on 16 August 2016 - 16:50

Thanks for the input ladies. We've already started her visa process, can her previous employers get their depost back, or only when her visa is actually ready and printed? They are being very difficult and threatening to send her back to Philippines if her visa isn't ready next week, even though she has another 2 weeks till her grace period finishes and irregardless - as long as we have started her visa process she will not be charged overstay if her visa is not ready by the date of her grace period, I've been through a similar process before. I've told the maid that I've already paid for her visa to be processed so her ex-employers have no authority to send her back. I've asked to speak to her employer myself, I just cant believe some people can be so difficult!

154

Posts

EW NEWBIE

Latest post on 02 August 2016 - 21:35

I'm a bit confused and wanted some clarity. Aftr searching high and low for a nanny, I've finally found someone and her visa is expiring next week. We are ready to start her process immediately, but her employers are insisting she spend her 30 day grace period after visa cancellation with them and then start with us after. They are saying she will not get an overstay fine. However, the grace period is there to help her find work, and if we start her visa process then she is obliged to work for us, right? They are telling her she is not allowed to work for us until her visa is ready. It really seems to me they are just trying to keep her on as long as possible, and it's realy annoying me! It sounds like they "may" want to get an extra month out of her if they are sluggish to make this transfer happen. But... if they allow her to move from the home during her grace period and before the new visa is ready they have put themselves at risk. I can understand why they are requiring the new visa be in process first. If something happens for whatever reason and your friend didn't get it processed then they are on the hook and the maid is gone from the home. We transferred our maid to another sponsor when she found a new employer and it required we BOTH (old and new sponsor) AND the maid go to the DRND in person with passports and our NOC. It took an hour, the new sponsor paid for the fees and visa fee etc... and then we as the old sponsors walked over to a small building located right outside their main entrance and got our deposit back in cash from the DRND. Done and easy. If your friend wants this new maid quickly then she needs to get the old sponsors to the DRND and start the process. Once she is cancelled and the new application is in process the maid is no longer the old sponsor's legal responsibility. As a result, her moving in with the new sponsor is perfectly find. There is no risk for the old sponsor. If they are not willing to go to the DRND until the bitter end, then it is clear what their intentions are. Not much that can be done though.

154

Posts

EW NEWBIE

Latest post on 02 August 2016 - 21:26

...does she have 30 days to leave or country or get a new sponsor? If so, what is her status in that time, and what can or can't she do in that time? TIA You are legally responsible for the maid until she has been a) exited or b) transferred. That means if you cancel her and "something" happens while she is in the country on a grace period, I am 90% certain that they can come to you for the liability. That means medical bills, etc... I would do my best to help her if she wanted to stay, but I personally would not allow my maid to remain unless she found a new sponsor. It's too great of a liability for me. You also can't get your deposit back from the DRND until she has been transferred (what we did) or exited (what others might do).

2287

Posts

EW EXPERT

Latest post on 31 July 2016 - 18:34

I believe you're right. They're obviously not willing to extend her visa, but they're not willing to let her go either. Although indeed there's no fee within the 30 days, there will be if you haven't starting the application process within those 30 days. Are they at least willing to give you a copy of her cancelled passport soon after they've got it stamped? In which case you may have the whole thing processed within a week or 2 after which she is legally bound to work for you. They cannot force her to work for them during those 30 days, but they are in the position to make her and your life very difficult. Because she cannot be "forced" to work for you either. Good luck! Why do people do their best to make their maids lives so difficult. They don't own her and should be happy for her that she's found a new position.

sourskittleashnut

984

Posts

EW GURU

Latest post on 31 July 2016 - 09:51

I'm a bit confused and wanted some clarity. Aftr searching high and low for a nanny, I've finally found someone and her visa is expiring next week. We are ready to start her process immediately, but her employers are insisting she spend her 30 day grace period after visa cancellation with them and then start with us after. They are saying she will not get an overstay fine. However, the grace period is there to help her find work, and if we start her visa process then she is obliged to work for us, right? They are telling her she is not allowed to work for us until her visa is ready. It really seems to me they are just trying to keep her on as long as possible, and it's realy annoying me!

5499

Posts

EW MASTER

Latest post on 27 May 2012 - 16:35

Thanks for the info, I will pass this on (asking on behalf of someone else) :) ETA..Actually, one more thing. Once her visa has been cancelled, will her sponsor have to do anything when she leaves the country, say to get proof that she's gone and not overstayed/absconded? <em>edited by Sanddy_Dogg on 27/05/2012</em>

2287

Posts

EW EXPERT

Latest post on 27 May 2012 - 10:21

Sanddy Dogg, until she has left the country she is still 'under your name'. Anything she does is your responsibility. Yes, it should be fine that she stays with you, but no, they are not allowed to work for someone else until they have a pink slip issued by new employer. Technically you are right, but since it doesn't always work out this way in practice, the "intention" will prove to be good enough. But it is of no importance to Sandy Dog, the maid will be returning home.

2287

Posts

EW EXPERT

Latest post on 27 May 2012 - 10:19

I would assume it is. It will be the safest place for her to be wouldn't it? I don't know the rule on this one, but in line with the fact that she is allowed to stay with her future sponsor, I would say it should also be allowed to stay with her former sponsor.

1247

Posts

EW OLDHAND

Latest post on 27 May 2012 - 10:16

Sanddy Dogg, until she has left the country she is still 'under your name'. Anything she does is your responsibility. Yes, it should be fine that she stays with you, but no, they are not allowed to work for someone else until they have a pink slip issued by new employer.

5499

Posts

EW MASTER

Latest post on 27 May 2012 - 10:15

Thanks for the info, but do you know how (if) this is allowed: A maid's visa is due for renewal but she wants to return home. Once her visa is cancelled can she stay with her previous sponsors during the grace period?

2287

Posts

EW EXPERT

Latest post on 27 May 2012 - 10:11

Yes, she has 30 days. After that every single day will cost her (or her new employer) 50 AED. We hired a maid during those 30 days. She worked for us, we paid her, but couldn't start her visa process because ours hadn't been processed fully yet. Since we needed more then the 30 days, we also paid for the "overstay". According to our PRO that's oke, as long as you intend to hire her. As soon as her documents for the new visa are filed, you won't get charged for overstay anymore. In our case it took them 2 more months to arrange all the papers, medicals etc. but at least she didn't have to leave the country in between. So she can work in the 30 days after cancellation, provided it is with her new prospected family (even if on trial).

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