Dear Steve, My current employer sent out this Memo to all the expatriate employees. Please read the memo and tell me if any of this is actually true. I really truly appreciate your help. Please be informed that in iqama regulation (article17) stated that: “In case the foreigner wishes to finally leave the country, then all his licenses and documents will be cancelled and withdrawn, and his passport will be sealed with final exit, if he wish to returned again then the procedures applied to other foreigners newly arrived will take place. There are many cases of final exit mentioned resolution of Cabinet.
- First Case: referred to according to Cabinet resolution no.759 Dated 11/6/1397H stating that: (For employer whose contract his expired and refuse to renew despite the employer wish to renew, then he may not work for another employer without the consent of other employer; in case of the former employer disapproval then he is obliged to finally deport him to his country and no authority or employer is entitled to recruit him only after one year from the date of his departure; he shall leave at the sponsor expense and such amount will be deducted from his receivables.
- Second Case: (in case the employer violated his obligation in terms of contract duration and leaving work prior to its expiry date) then (he will be deported to his country and no employer may employ him only after three years from the date of his departure) according to Cabinet resolution no:759 Dated 11/6/1997H.
- Third Case: contained in Cabinet resolution no.826 Dated 15/7/1995H stating that: (in case employer whose contract duration is expired is one of professional who work Is in relation with the employer secrets, then he may not contract with other employer or to be licensed to work his own only after three years from the date of the original relation expiry date, unless the employer agreed to his work; such as: doctor at private clinic, accountant or consultant at the employer in professional field). All the above mentioned cases shall apply in the event the first employer reported to labor office about his employee.
Answer by Steve
- First Case: This is an old resolution and I do not think this is applicable right now. I know at least 50 people who did not renew contract, went on final exit and came back on new visa to Saudi Arabia within couple of months. Secondly, I think word "deport" is exaggerated here. It means only simple final exit.
- Second Case: In that case employer may request MOI to ban him for 3 years. In case he runs away from the employer, authorities will deport him and a penalty of 3 years will be applied. Check this link for further details http://goo.gl/npzp3z
- Third Case: It is only applicable if employee commits with employer in writing as part of the contract or through some other way that he will not be working for a certain period with his competitor. If there is no written agreement, employer cannot stop him from working from any other competitor. http://goo.gl/U8DMYW
Renewal of Iqama
- Iqama Renewal when Dependents are outside KSA
- How to Renew Iqama in Saudi Arabia
- Get Iqama for Dependents after 18 Years
- Iqama Renewal while expatriate is out of KSA
- Medical Insurance is Must for Dependents to Renew Iqama