visa cancellation and company holding my passport | ExpatWoman.com
 

visa cancellation and company holding my passport

15
Posts
EW NEWBIE
Latest post on 19 October 2011 - 11:27

Dear,
please I need some advise about a situation I have. 1 month ago I left the company I was working for. now my Visa has been cancelled but the company doesn't want to give me back my italian passport till or I have a new sponsor or I have to exit the country. fact is I am a bit fed up with them and I know for sure that any passport belongs to the governement who issued it and they cannot do it....any advise?

thanks a lot in advance!
Marina

645
Posts
EW GURU
Latest post on 20 October 2011 - 12:48
well don't misundertsand me, I got your point.....but the mentioned law as per what i read, doesn't say any exception so for sure i say what I say in base of what I read. but in 3 years i have been in this country I have seen a lot so i can understand your point, I just, nevertheless, disagree... a different point of view. :cool:
15
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EW NEWBIE
Latest post on 20 October 2011 - 11:48
well don't misundertsand me, I got your point.....but the mentioned law as per what i read, doesn't say any exception so for sure i say what I say in base of what I read. but in 3 years i have been in this country I have seen a lot so i can understand your point, I just, nevertheless, disagree... a different point of view.
645
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EW GURU
Latest post on 20 October 2011 - 11:25
Yes Mariana, if they are working for you. BUT once they resign and the visa is cancelled, they are no longer an employee and can gladly have their passport back, AS LONG as they leave the country.
15
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EW NEWBIE
Latest post on 20 October 2011 - 11:20
Well you have good connections then, but again I believe in the force of Laws, and it's UAE law who states it and i quote from Gulf News: ""[b'>The practice of retaining passports in the UAE is illegal in accordance with court rulings," Aref Mirza, director of the legal department at the Ministry of Labour, told Gulf News[/b'>. Mirza added that a worker, whose employer withholds his passport and refuses to return it, can quit without a notice period and demand a compensation for dismissal. [b'>"Retaining workers' passports amounts to forcible work in violation of the International Labour Organisation's (ILO) Convention on the Abolition of Forced Labour, to which the UAE is a signatory."[/b'> Speaking of the ways of withholding passports, Mirza said they include denying access to the passport, making surrender of the passport a prerequisite for recruitment or forcing a worker to hand over the passport. On why the Ministry of Labour's inspectors, who evaluate needs of companies for work permits, are counting workers of companies by the number of passports held in the workplace, Mirza said the practice is no longer in place and that his department advised companies that photocopies of passports are enough. "If an inspector wants to check the original passport, he can ask the worker involved to produce it," Mirza said, admitting that the Ministry of Labour "may have violated the law by keeping the passports of its expatriate staff." [b'> Lieutenant General Shaikh Saif Bin Zayed Al Nahyan, Minister of Interior, has issued directives to all government departments to reinforce the fact that retaining the passport of any resident without a court order violates the law.[/b'> "A passport is a personal document that proves the identity of the holder, and the laws stipulate that the bearer must keep his or her passport and present it to the authorities concerned upon their request," Shaikh Saif, who was then undersecretary of the ministry, said in the circular dated December 25, 2002. Courts have always ruled that passports must be returned to workers. However, all ministries, including those of Finance and Industry, Interior, Labour and Social Affairs are retaining passports of their expatriate staff. Some ministries keep passports on instructions of the Civil Service Department, others on directives from the Ministry of Finance and Industry, which demand that passports of cashiers must be retained. Some employers argued they needed to retain their workers' passports for security reasons or to ensure they did not escape with the company's assets. Others said the passports of employees are kept in a fireproof filing cabinet and they can recover them at anytime they want. [b'>"Employers who fail to give workers their passports on request are in breach of trust. The offence carries a prison term of up to three years or a fine of up to Dh20,000," a legal consultant said.[/b'> Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants said a passport is given to the employer on trust to complete certain formalities and must be returned to the worker once these formalities are complete."
645
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EW GURU
Latest post on 20 October 2011 - 11:08
indeed I was talking about UAE law that since 2 years doesn't allow to withold the employee passports.I have done it recently. WITH police and immi approval. The law does allow holding passports after visa cancellation. <em>edited by IAMVP on 20/10/2011</em>
15
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EW NEWBIE
Latest post on 20 October 2011 - 11:06
indeed I was talking about UAE law that since 2 years doesn't allow to withold the employee passports.
645
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EW GURU
Latest post on 20 October 2011 - 10:16
all true and understandable. Fact is that it is in my interest to stay legally in this country and build my own business, so, once the sponsor issue is sorted out from my side, i will give them what needed, also because there are fines and pretty high if you overstay! Secondly if a law exists, then should mean something. The passport is a Governement property and doesn't matter what police can "advise", people can say many things, but if you ask them to put what they say in written words....then it's a different matter, and they won't if not legal. I will, because the law of the land over-rides any consulate laws, and I have put it to the test.
15
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EW NEWBIE
Latest post on 20 October 2011 - 10:14
all true and understandable. Fact is that it is in my interest to stay legally in this country and build my own business, so, once the sponsor issue is sorted out from my side, i will give them what needed, also because there are fines and pretty high if you overstay! Secondly if a law exists, then should mean something. The passport is a Governement property and doesn't matter what police can "advise", people can say many things, but if you ask them to put what they say in written words....then it's a different matter, and they won't if not legal.
123
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EW NEWBIE
Latest post on 20 October 2011 - 09:49
The company has to submit proof that you left the country or that you have a new sponsor in order to close your file in immigration. It will be a lot of trouble for the company if they don't do this. An easy way of getting the passport back would be to exit, get the exit paper stamped and give it to the PRO, and then re-enter and then the company has nothing to do with you anymore. Anyhow, looks like you have sorted your issue.
645
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EW GURU
Latest post on 20 October 2011 - 09:30
if i cancel someone, I hold the pp. Sorry to say, the costs and hassle if they disappear are ghastly. And the police will not help you, they ask us to hold passports.
15
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EW NEWBIE
Latest post on 20 October 2011 - 09:27
Kristina is right, whatever the reason the company may have. after I have told to the Pro that I spoke with my consulate....magically my passport is ready for the pick up today...otherwise I was going to the police this morning and I belive the company knew it.....so happy ending!!!!!!!! ;) thanks a lot for your feedback! ciao! <em>edited by Marina18 on 20/10/2011</em>
656
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EW GURU
Latest post on 20 October 2011 - 00:07
Dear, please I need some advise about a situation I have. 1 month ago I left the company I was working for. now my Visa has been cancelled but the company doesn't want to give me back my italian passport till or I have a new sponsor or I have to exit the country. fact is I am a bit fed up with them and I know for sure that any passport belongs to the governement who issued it and they cannot do it....any advise? thanks a lot in advance! Marina The reason they are most probably holding your passport is because I assume they have had to pay a deposit for you and the only way for them to get their deposit back is either you get yourself another sponsor or leave the country.
502
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EW GURU
Latest post on 19 October 2011 - 15:20
Ciao Marina, a friend had the same problem, the company has no right to hold your passport as you no longer work for them, 100% the consulate will help a lot! In bocca al Lupo!!
15
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EW NEWBIE
Latest post on 19 October 2011 - 15:10
Thanks dear! I have actually spoken also with the Embassy. They told me - which I knew it and confirmed also by you - it's illigal to hold my passport and the law statses that clearly....and to go to the police directly....but actually the idea you gave me are good....at least a bit of revenge on those "people"!! :)
20
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EW NEWBIE
Latest post on 19 October 2011 - 11:45
I had the same issue with my British passport and some piece of work company here. I have 2 options for you either drive to the Hatta border and ask them to meet you there with your passport , with your Italian passport you should be ok to re-enter. Alternatively take the cheapest flight out and back in. Trust me embassies usually do not want to wade into stuff like this even though it is illegal for companies to hold your passport. Make them suffer and choose a odd time flight or hatt run time and tell them they gotta be there else you will go to the cops next.
15
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EW NEWBIE
Latest post on 19 October 2011 - 11:37
Grazie dear! I have a dear friend working at the embassy in AD so been already in touch with him....let's see what comes up! but I'll try also the consulate if desperate....yeah I know their reputation :( ciao and thanks again!
348
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EW EXPLORER
Latest post on 19 October 2011 - 11:31
Contact the Consulate for assistance. In the typically Italian way they are open from 8 to 8.01 in the morning :-)) but are usually very supportive. Buona fortuna!
 
 

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