When planning to resign and leave the UAE, understanding the legal timelines for full and final settlements and visa cancellation is crucial. A recent column by Ashish Mehta in Khaleej Times provides valuable insights into these processes governed by UAE labor and immigration laws.
Full and final settlements
According to Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, as specified in Article 53, employers are obligated to settle all financial dues with the employee within 14 days from the termination of the employment contract. This includes salaries, benefits, and any other entitlements stipulated in the employment contract or by relevant laws and by-laws of the employing establishment.
The process of cancelling the work permit is detailed in Article 7 of the Cabinet Resolution No. 1 of 2022, which involves the employer initiating the cancellation through the Ministry of Human Resources & Emiratisation (MoHRE). This includes submitting necessary documents and ensuring all financial entitlements of the worker are cleared. If your employer fails to meet these obligations within the stipulated 14-day period, you have the right to file a complaint with MoHRE.
Visa cancellation and exit timeline
Post-resignation, the timeline to exit the UAE is dictated by the cancellation of your residence visa. Federal Law No. 6 of 1973 concerning Immigration and Residence, as amended, states that an individual must leave the UAE upon the revocation of their residence permit or upon its expiration. Furthermore, Federal Decree-Law No. 29 of 2021 highlights that if an individual stays beyond the validity of their cancelled or expired visa without initiating renewal (where applicable), they will incur daily administrative fines.
However, UAE laws also provide a grace period post-visa cancellation, during which you can legally stay in the country to settle any remaining affairs. The duration of this grace period is typically mentioned in the visa cancellation document issued by relevant UAE authorities like the General Directorate of Residency & Foreigners Affairs (GDRFA) or the Federal Authority for Identity, Citizenship, Customs & Port Security (ICP).
