Saturday, May 3, 2014

Transfer of Sponsorship (Naqal Kafala) without Approval of Kafeel

Iqama transfer without consent of Sponsor was a dream for millions of expatriates living in Saudi Arabia. (Conditions under which sponsorship can be transferred without consent of Kafeel have been explained below). It seems that this dream is going to come true. Different newspapers have reported that Ministry of Labor has started transferring sponsorship without consent or permission of sponsor under few conditions. Shoura is considering giving more rights to the employees by easing out the procedure to transfer sponsorship from the employers who exploit employees.

However, according to the rule, only those employees are able to get this transfer whose contract with the current sponsor has completed and there is no clause in the contract barring them to work in Saudi Arabia for X number of years. This is a real positive change which has brought a lot of positivity in Saudi Labor Market. Expatriates are able to go for better opportunities and employers are taking care of their employees in a better way due to competition in the market. It should be noted that according to current rules, Iqama transfer can be made without consent and approval of the current sponsor in following 6 conditions.

  1. If current Kafeel is in Red or Yellow Nitaqat Category, you don’t even need to go to labor court. Iqama can be transferred without any problem. I have explained the procedure in this article. "Process of Transferring Sponsorship if Kafeel is Red"
  2. If Sponsor does not provide Iqama to the employee even after completing three months of arrival in Saudi Arabia and his visa has expired, he can take transfer of sponsorship without consent of Kafeel. However, in this case he will have to contact to the labor office.
  3. If sponsor / Kafeel of a newcomer to Saudi Arabia is in red or yellow Nitaqat Category, sponsorship can be transferred without permission of Kafeel. However, you may have to contact labor office in this regard. (Arab News)
  4. If your Iqama is expired at least one month ago and Kafeel has not renewed it. You can go to Labor office and get it transferred to new employer even without consent of Kafeel. (Arab News)
  5. Employees of companies that fail to implement the Labor Ministry’s wage protection law would be allowed to transfer their services to other firms, without the previous employer’s permission. (Arab News)
  6. If you have not been paid salaries from over 3 months, you can transfer your sponsorship to new employer without approval of your current sponsor. (Arab News)
It is important to mention here that in any of the 4 following conditions, transfer of sponsorship without approval of Kafeel would not be possible.
  1. If your passport has expired
  2. If you have a legal exit re-entry or final exit visa
  3. If you or your new employer has unpaid traffic violation fine. Recommended: Check Traffic Violation under your Iqama
  4. In case when the Ministry of labor does not give you permission to transfer your sponsorship, you can’t change your sponsor without approval.
Transfer of Sponsorship (NaqalKafala)
  1. Procedure to transfer sponsorship from employer to be dependent
  2. Procedure to Transfer Family Members under your Sponsorship after the death of Father
  3. Transferring Sponsorship in Saudi Arabia
  4. Transferring Sponsorship if Kafeel is in Red Nitaqat Category
  5. Procedure to Transfer the Dependent’s Sponsorship to Employer


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