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Monday, 19 May 2014

Employer not Processing Final Exit

My Employer is not Processing Final Exit Visa, What course of action I can adopt?
Some days ago, one of our readers reached me on Facebook page with the following query. I would like to publish it along with my response so that others can be benefited.

Question by Visitor
I have one question in fact a problem for which I need your serious advice. I am in KSA since last three years on company visa. My company is not giving me transfer as per my contract. I want to shift my job and I am willing to get the final exit. But the problem is my company will not let me go until they need me. The will not give importance to my resignation to process the final exit. Neither have they increased the salary nor any bonus which they committed with me. Even they are detecting the salaries due to not achieve the forceful company exam. A lot of issues I have in the company. Any advice how I can leave this hell?



Answer by Steve
Brother, situation you have told is really miserable. I have all my sympathies with you.
  1. If the clause for the transfer of sponsorship is in your contract, you have the legal right to ask for it. If they do not transfer you as per the contracted clause, you have every right to go to the labor office against them. I have explained about this in this link "Legal Right to Transfer the Sponsorship". Moreover the procedure of going to the labor office against Kafeel has also been explained in this link "Register a Case against Kafeel in Labor Court"
  2. As far as final exit is concerned, this is your legal right. You can forcefully ask them to process the final exit. If they do not do it, you can threaten them that you will go to the Labor court.
  3. Even if they do not hear to you, last resort is going to the labor court. But I am sure, when they will see that you are going up to the last option available to you, they would process your final exit visa.

Question by Visitor
It takes 3 to 4 months to process the final exit and if we had a job in hand the other company would not wait till 4 months. What I told you is just the small think they all are Egyptians and making our lives hell. Is there any way to get the transfer from them because they would not give the transfer to those who they need on their projects? They are paying less as compare to the market and getting benefit from us just because we are under their sponsorship.



Answer by Steve
  1. You do not have any right to ask for the transfer. Only legal point is that if Nitaqat category of your company is Red or Yellow, you can get your sponsorship transferred to other employer even without letting them know about it. I have explained the procedure in this article. "Process of Transferring Sponsorship if Kafeel is Red"
  2. If you want to process final exit and your company is not honoring your request, go to the labor court. I am sure they will process the final exit even upon the threatening to go to Court.
  3. You can also contact Embassy of your company and they can also help you in processing the final exit visa from Saudi Arabia.
  4. I have explained some Do's and Don'ts before and after getting Final Exit Visa from Saudi Arabia, I would suggest you to read them in detail.

Final Exit Visa
  1. Procedure of Final Exit from Saudi Arabia
  2. Procedure to Cancel Final Exit Visa
  3. Processing of Final Exit while Expatriate is out of KSA
  4. Where to submit the Iqama if Final Exit Visa issued online?
  5. List of Professions in Saudi Arabia
  6. List of Professions reserved for Saudis
  7. Overstaying after Visa (Iqama) Expiry in Saudi Arabia
  8. Coming back on new visa with other profession on visa

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