A L L A B O U T E X I T
Many OFW commenters on our blog working in KSA are asking me what to do when their Saudi employers postponed their leave or final exit (visa) on certain grounds such as: waiting for the arrival of replacement or the worker position should not be vacant or the worker’s presence is necessary pending completion of a current project.
In usual practice, the sponsor can postpone the vacation or exit visa application of their employees taking consideration of work requirements or shall we say “with justifiable reason of the postponement.” However, if the employer asks for more extension after the period of ninety days, the workers’ consent must be obtained in writing (Art. 110 par. 2 SLL) and the worker have the right to say “NO”. In this particular situation the employer has no right to postpone again the leave of the employee. If the employer continues to insist and fails to obey the agreement or ignoring the worker’s plea, the only way for the worker to leave Saudi Arabia is to file a case in Saudi labor courts against the employer, which of course may take several days or perhaps months but surely the worker can leave after the verdict is handed which is clearly favorable to the worker.
Exit Re-entry Visa
Let’s talk about vacation leave. Since a large number of employees do not return to Saudi Arabia after availing leave, most employers big or small, establishment or companies retain one month salary of their foreign worker or sometimes the worker will shoulder the half cost of airline ticket to compensate visa cost, resident/iqama permit, medical insurance and other expenses incurred in recruiting the worker “as a security precaution” before allowing the worker to go on leave. However, most of the employers will give back to the worker the amount held for that purpose when the worker’s return from leave or vacation. The blogger experienced this kind of internal company policy where you don’t have any choice but to follow the rules.
GCC countries, not just Saudi Arabia experiencing this kind of dilemma where expatriates with Exit Re-Entry visa choose not to return to finish their contract.At present the GCC member countries are looking for a concrete solution to implement a measure to ensure that workers, who are returning home to their country on leave or with exit re-entry visas, return to complete their contract terms.
In KSA the following are the usual move of the employer.
1) When the sponsored expatriate traveled outside the Kingdom carrying exit and re-entry visa, the sponsor must revoke the Residence Permit of his sponsored and (secure) a page copy of his passport on which the exit and re-entry visa stamped on.
2) When the foreign worker failed to return back to KSA after two months or depending on the number of days the visa expires; the sponsor must follow-up the Office of Jawazat (Saudi Passport Office) on which the visa was issued to receive the Iqama and to get a receipt from there containing retrieval of Iqama to deposit it on the Iqama file of the worker.
3) The office of the Jawasat or Saudi Passport Office will update the file status of the foreign worker, such as fingerprints and other personal information and forward the detailed information to the Naturalization and Residency Division of the Ministry of interior and Saudi Immigration authorities data base.
4) And if the sponsor got any information that his foreigner sponsored worker who he gave an Exit and Re-Entry Visa returned to the Kingdom with another employer, then the employer will report it to the Office of Investigation and Tracking Foreigners for necessary legal action. Upon apprehension and proven otherwise that a foreign worker violates certain directive from the office of the Jawasat or Saudi Passport Office, then the worker will be subject for deportation to the worker’s home country. Worst the worker will be subjected for jail term until deportation requirement proceedings is complete.
In today’s high-tech Information Technology, it is possible that GCC countries agreed to have common shared database information system where they can exchange names and whereabouts of their nationals and expatriates with criminal offenses or having pending legal action against their nationals and or expatriates.
Surrender Work Permit prior Exit
Last month an announcement made by the Ministry of Interior through the Division of Naturalization and Residency that expatriates residency permit (iqama or work permit) should be surrendered to the regional passport department at least three months or 90 days prior processing of expatriate final exit application visas. A residence permit is a government document issued to Non Saudis and National ID’s for their nationals.
The question is WHY? The Answer is of course very simple, an expatriate can leave the country only if he/she is cleared of any monetary obligations like bank loans, unpaid credit cards, unpaid landline telephone bills, traffic fines, electricity bills, transfer of car ownership and other financial obligations. If you have bank accounts, be sure to close it and ask for certification from the bank that the account is already closed.
In such circumstances the worker should request to the employer a photo-copy of iqama with company stamp on it and signature of employer or manager of the company’s Personnel Department. This is very important document to show to the authorities or police checkpoint that can substantiate the worker’s work permit is really in the custody of the Naturalization and Residency office as required for Exit visa application.
If you’re done with all your outstanding monetary obligations, always ask for an official receipt or certification as proof of payment. The worker must not forget to bring in the airport copies of sale documents such as Deed of Sale, Sale Agreement or Transfer of Ownership of any property that the worker previously owned. (BongA)