Thursday, July 17, 2014

Changing Profession and Transfer of Sponsorship

Is employer committed to change the profession and transfer sponsorship if he has given this in writing?

Question by Visitor
  1. To speedup process employer is asking me to come to KSA on labor visa and then he will change the profession from labor to Accountant, is it permissible to work as an accountant while visa is for labor? Can employer be able to transfer my profession? How much will it take to transfer his profession?
  2. Labor visa as mentioned in Q1 is sponsored by the owner of the company and not the company. However, owner of the company has his office in the same building in which the office of the company locates and the owner is from Royal KSA Family. Is it allowed to work for the company as an accountant on labor visa sponsored by the owner? Can employer be able to transfer the visa profession and sponsorship in the name of the company itself? Will there be any legal repercussions for such employee?

Answer by Steve
  1. It is illegal to work on a different profession than the profession stated on your visa. However, it is a general practice that employers do call the expatriates on labor visa and then change their profession. You can read the procedure of changing iqama profession in this article. “Changing Iqama Profession
  2. This is a bit risky issue. Legally you cannot work for anyone else than your sponsor. Last year Saudi Government detained and deported around 1 million expatriates due to this violation. Gulf News has reported that a plan to ban the deported expatriates from one GCC country from entering on work visas in any other GCC country has been finalized. To know about the status of the implementation, click on this linkGCC Wide Ban on Deported Expatriates of GCC Countries”. However, since your employer belongs to royal family and he is also the owner of the company, so you may get a little margin from the authorities. But after coming to KSA, you should insist your sponsor to change your sponsorship. I have explained the procedure in this article.

Comment by Visitor
Employer has committed in written form that he will transfer the sponsorship and change the profession after 3 months. What will be the best move in the given circumstances? Employer is saying that it is legal to work for the company on owner's sponsored visa, is it really legal??

Answer by Steve
If employer has committed himself in the writing to transfer you to the company's name, it means he will do it. I cannot suggest you anything, it is your decision. But generally people take this risk.

Comment by Visitor
Is it legal to work in the company on owners sponsored visa?? Employer is consistently saying that it is permissible.

Answer by Steve
Company is an artificial registered PERSON under Saudi Labor Law. It is not allowed to work for any other person than your Kafeel. However, if caught you may get some relaxation since the owner of your company and your Kafeel are same.


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