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Can an employer hold your passport when visa has been cancelled?

ladybird1457176

15

Posts

EW NEWBIE

Latest post on 23 July 2012 - 11:17

Does anyone know if an employer is allowed to hold your passport after your visa has been cancelled.

My friend is holding a british passport and resigned from his job, he hasn't got another job yet, but his old employer is demanding that my friend provide an eticket before a certain date to leave the country and only then will they release his passport back to him.

Does anyone know if that is the right procedure and legal?

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Anonymous (not verified)

0

Posts

EW NEWBIE

Latest post on 25 July 2012 - 14:25

technically speaking, this is the correct process. whilst it is correct that an employer may not hold an individual's passport - it is equally required that the employee - once the visa has been cancelled, should either exit the country or have a new sponsor in place. the existing/previous employer would release the passport once proof of either option has been shown ie airline ticket or pre-approval from the MOL. the reasonign being that the existing/previous employer is responsible for that employee until such times as they have either exited the country or secured a subsequent visa. the existing/previous employer is obliged to provide proof of same to the MOL. so the employer is not 'withholding' the passport -but rather followign the completion process through - for obvious reasons. hope that helps Actually, when I think about it it makes sense...

365

Posts

EW EXPLORER

Latest post on 25 July 2012 - 14:22

technically speaking, this is the correct process. whilst it is correct that an employer may not hold an individual's passport - it is equally required that the employee - once the visa has been cancelled, should either exit the country or have a new sponsor in place. the existing/previous employer would release the passport once proof of either option has been shown ie airline ticket or pre-approval from the MOL. the reasonign being that the existing/previous employer is responsible for that employee until such times as they have either exited the country or secured a subsequent visa. the existing/previous employer is obliged to provide proof of same to the MOL. so the employer is not 'withholding' the passport -but rather followign the completion process through - for obvious reasons. hope that helps

2725

Posts

EW EXPERT

Latest post on 23 July 2012 - 17:23

A UK Passport isn't ours to lone out, it belongs to the UK government, so yes its illegal for the employer to withold it.

everythingnice45485

568

Posts

EW GURU

Latest post on 23 July 2012 - 13:35

Well it really is unacceptable to exert such effort just to get your passport, which is yours anyway. So either: 1. Talk to HR and tell them you're not comfortable not having your passport so you will have to call the authorities and complain 2. If they won't return, complain about this. But then you ask yourself, is it worth the hassle? 3. Just calm down (you won't be needing your passport anyway unless you fly out - in which case would be a solution in itself), wait til you get an employer and then ask them to give you a letter so to request release of visa (most companies know that this happens so it's not unusual to request for this). 4. For British passport holders, unless the rules have changed, you can do an Oman run for this. But then the reson why they want you to fly out is just so they can send someone to be with you to get the document back once it has an exit stamp. It won't be convenient for them to send their driver to you for an Oman visa run. I do understand that it is really pathetic that we have to go through these procedures when we know that it is illegal for them to do that. But sometimes, just going through a lot of trouble just to fight for it will only give us stress . . and sadly, wrinkles. :-)

157

Posts

EW NEWBIE

Latest post on 23 July 2012 - 12:51

we should not accept that whatever the company tells us or another company, as in this country many just bluff you by saying this is the policies while when you check behind all that with the correct authority things are different.. if you have a doubt then keep asking until you get an answer, then if company is right go ahead with what they said.. if they are wrong then they should move back the right direction. once my DH bought a wirless extender from one of the electronic shops after one month it stopped working we searched for the bill and i think my kids have thrown it away ;), my husband had a long conversation with the manager of the shop to get the information through the barcode, which they finally got it and gave us a copy of repair order and sent to repair.. second time stoped working then they didnot agree to repair because we have no bill... :\: my husband spoke to police directly and they advised to complain to the consumer rights.. which we did.. after the complain, he got calls from the manager of the original supplier and the electronics shop apologizing and then replaced with new one and delivered home and fixed it by themselves. it is the same with the companies we work with... I think we need to be lawyers of our self. good luck, I hope he can manage to get his passport and get a new job...

379

Posts

EW EXPLORER

Latest post on 23 July 2012 - 12:50

My current company does the same. It;s either passport or labour card. I don't see that's much of an issue so long as they give it to you when you ask for it. Every company I've ever worked for here has had the same edited by Chocs01 on 23/07/2012 Well I can see something wrong with it! If there is an emergency like at a weekend or during the night and you don't have immediate access to your passport it can be very distressing. We got a phone call at 3 a.m. to say MIL was very ill, I had DH booked onto a flight at 7.30 a.m. but he still arrived too late to say his goodbye to her. Distressing enough, can you imagine how bad he would have felt if he couldn't have gotten on the first available flight. <em>edited by dally on 23/07/2012</em>

3804

Posts

EW MASTER

Latest post on 23 July 2012 - 12:38

If they insist he could book a ticket and after he gets it back, change the date for when he is planning a holiday later on in the year. Emirates dont charge too much to change flight details, for example But he'd still have to leave and come back into the UAE again on a visit visa within 30 days of cancellation - otherwise you incur fines. He can just drive to the border for that, he doesnt have to fly. I already suggested that, but it depends, as Beebers said sometimes that option isn't acceptable and they want you to fly out, hence a quickie Bahrain visa run can be done. There are plenty of these and the tickets are only about 500Dhs.

3376

Posts

EW MASTER

Latest post on 23 July 2012 - 12:34

I was lucky; I expressed my concerns about my passport being held after cancellation. Temporary or not, I just would not give it up. He and I worked it out so that once my visa was cancelled, I promised to book a ticket out of the country within 30 days of the cancellation, then call him on his mobile so he could meet me at the airport when I was leaving. I don't know how common that is. I was told I had to fly out, that a road trip to Oman wasn't acceptable; whether that is true or not, I don't know, but I wanted to go fly and see a friend anyway so it worked fine for me. <em>edited by Beebers on 23/07/2012</em>

Plain-Jane55976

370

Posts

EW EXPLORER

Latest post on 23 July 2012 - 12:33

If they insist he could book a ticket and after he gets it back, change the date for when he is planning a holiday later on in the year. Emirates dont charge too much to change flight details, for example But he'd still have to leave and come back into the UAE again on a visit visa within 30 days of cancellation - otherwise you incur fines. He can just drive to the border for that, he doesnt have to fly.

3804

Posts

EW MASTER

Latest post on 23 July 2012 - 12:30

If they insist he could book a ticket and after he gets it back, change the date for when he is planning a holiday later on in the year. Emirates dont charge too much to change flight details, for example But he'd still have to leave and come back into the UAE again on a visit visa within 30 days of cancellation - otherwise you incur fines.

1530

Posts

EW EXPERT

Latest post on 23 July 2012 - 12:19

If they insist he could book a ticket and after he gets it back, change the date for when he is planning a holiday later on in the year. Emirates dont charge too much to change flight details, for example

everythingnice45485

568

Posts

EW GURU

Latest post on 23 July 2012 - 12:18

It's not legal, but it happens everywhere. This is because companies want to make sure that they get the bank deposit that they pay for their visa. Even a visa is cancelled, the only way for companies to claim back their deposit is if (a) they give a copy of the ex-employee's new visa from his new employer; (b) proof of exit of the ex employee which is either 1. a stamp on a document which is why some companies ask their drivers to accompany ex employees when leaving the country to get the stamp or 2. if they haven't got the stamp, they can just have it searched by the authority for which they have to pay a certain amount of money, then a document can be released which they can use to claim the bank deposit. I know a lot of companies have done this and it is really pathetic. When I'm issuing visas for my staff, I sometimes have the trouble of getting them to get their passports back as their ex-companies won't give it. But most of the time, I can just release an official letter to tell them to release the passport as my company takes full resposibility of obtaining a new visa.

157

Posts

EW NEWBIE

Latest post on 23 July 2012 - 12:06

The police - you just call the police. I dont think its right to call the police first.. as a beginning he should go by himself to the ministry of Labour and ask about the legality of a company holding a passport and he should not tell them "do something for me..." they would hardly do anything for him in that way especially in Ramadan!!! let him be 100% sure of the rules then speak to the company and make them aware that he understands the rules in UAE otherwise he will speak to police.. this is the best approach... it happened with my husband on different topics when he is aware of the rules or policies and threaten to inform police everything moves in the correct direction.

1338

Posts

EW OLDHAND

Latest post on 23 July 2012 - 11:56

The police - you just call the police.

3804

Posts

EW MASTER

Latest post on 23 July 2012 - 11:54

Its illegal to withhold someones passport - whether responsible for them or not. Illegal, yet how many companies do it? And government ones at that? When I left my last job, I had to provide the new labour/visa applications OR meet my former employers at the airport to get on a flight. That is what they are saying to him. He's not planning to leave Dubai, he's looking for another job at the moment, but they are demanding him to supply and e-ticket, meet him at the airport and then give him his passport. I don't see how they are still responsible for him when his visa has legally been cancelled. By the way, this company is holding all their employee's (british, kiwi's, philipino's) passports in the save and is telling them that it's legal! As far as I thought in any country it's not legal to keep and employees passport...... Its not legal. Two solutions: First: Make sure they know that you know its not legal despite what they say, and indicate to them you intend to report them. Second: Book a ticket to oman and come back, or if they dont accept that, a refundable ticket to home and cancel it after the passport is in hand I'm curious as to who exactly you'd report it to? Asked the British embassy before they said there's nothing they can do, same reply from both immigration and MOL. You could call the [police and say they're refusing to hand it over. That's really the only option.

157

Posts

EW NEWBIE

Latest post on 23 July 2012 - 11:53

no not all companies do this, in all the companies i worked or is currently employed with non have asked for my passport ever, my husband's company as well and many others I know do not take passports, which I think is illegal. but I know some companies do that for specific jobs or specific job levels. for example labourers, accountants or staff who hold money of the company. There must be more information for this rule, otherwise companies would not be doing it... pls ask your friend to speak to ministry of labour office to check.

Plain-Jane55976

370

Posts

EW EXPLORER

Latest post on 23 July 2012 - 11:46

Its illegal to withhold someones passport - whether responsible for them or not. Illegal, yet how many companies do it? And government ones at that? When I left my last job, I had to provide the new labour/visa applications OR meet my former employers at the airport to get on a flight. That is what they are saying to him. He's not planning to leave Dubai, he's looking for another job at the moment, but they are demanding him to supply and e-ticket, meet him at the airport and then give him his passport. I don't see how they are still responsible for him when his visa has legally been cancelled. By the way, this company is holding all their employee's (british, kiwi's, philipino's) passports in the save and is telling them that it's legal! As far as I thought in any country it's not legal to keep and employees passport...... Its not legal. Two solutions: First: Make sure they know that you know its not legal despite what they say, and indicate to them you intend to report them. Second: Book a ticket to oman and come back, or if they dont accept that, a refundable ticket to home and cancel it after the passport is in hand

3804

Posts

EW MASTER

Latest post on 23 July 2012 - 11:44

Its illegal to withhold someones passport - whether responsible for them or not. Illegal, yet how many companies do it? And government ones at that? When I left my last job, I had to provide the new labour/visa applications OR meet my former employers at the airport to get on a flight. That is what they are saying to him. He's not planning to leave Dubai, he's looking for another job at the moment, but they are demanding him to supply and e-ticket, meet him at the airport and then give him his passport. I don't see how they are still responsible for him when his visa has legally been cancelled. By the way, this company is holding all their employee's (british, kiwi's, philipino's) passports in the save and is telling them that it's legal! As far as I thought in any country it's not legal to keep and employees passport...... My current company does the same. It;s either passport or labour card. I don't see that's much of an issue so long as they give it to you when you ask for it. Every company I've ever worked for here has had the same policy. Can he not get someone from the company to go with him to the Hatta/Oman border to do a visa run here? or just book a visa run flight to Bahrain? It really depends on the company's policy, many want to see you physically leave the country, otherwise you're considered an illegal and I suspect they can get fined for it. <em>edited by Chocs01 on 23/07/2012</em>

ladybird1457176

15

Posts

EW NEWBIE

Latest post on 23 July 2012 - 11:38

Its illegal to withhold someones passport - whether responsible for them or not. Illegal, yet how many companies do it? And government ones at that? When I left my last job, I had to provide the new labour/visa applications OR meet my former employers at the airport to get on a flight. That is what they are saying to him. He's not planning to leave Dubai, he's looking for another job at the moment, but they are demanding him to supply and e-ticket, meet him at the airport and then give him his passport. I don't see how they are still responsible for him when his visa has legally been cancelled. By the way, this company is holding all their employee's (british, kiwi's, philipino's) passports in the save and is telling them that it's legal! As far as I thought in any country it's not legal to keep and employees passport......

3804

Posts

EW MASTER

Latest post on 23 July 2012 - 11:31

Its illegal to withhold someones passport - whether responsible for them or not. Illegal, yet how many companies do it? And government ones at that? When I left my last job, I had to provide the new labour/visa applications OR meet my former employers at the airport to get on a flight.

Plain-Jane55976

370

Posts

EW EXPLORER

Latest post on 23 July 2012 - 11:29

Its illegal to withhold someones passport - whether responsible for them or not.

3804

Posts

EW MASTER

Latest post on 23 July 2012 - 11:27

Trouble is until he has exited the country or transferred onto another visa, that employer is technically still responsible for him - that's why.

Anonymous (not verified)

0

Posts

EW NEWBIE

Latest post on 23 July 2012 - 11:21

Does anyone know if an employer is allowed to hold your passport after your visa has been cancelled. My friend is holding a british passport and resigned from his job, he hasn't got another job yet, but his old employer is demanding that my friend provide an eticket before a certain date to leave the country and only then will they release his passport back to him. Does anyone know if that is the right procedure and legal? It is completely illegal for an employer to hold the employee's passport. The employer has no right to hold passport or demand a ticket. He should go and speak to the labor office.

2192

Posts

EW EXPERT

Latest post on 23 July 2012 - 11:19

Im not sure of the legalities of this but ive heard this being done before yes. They want to see proof that the person is going to leave the country and they will then give the passport back. If you friend doesnt want to go, tell them to book a ticket to Oman instead and then come back on a 30 day visit visa

1338

Posts

EW OLDHAND

Latest post on 23 July 2012 - 11:19

no - it's illegal.

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