United Arab Emirates · employment

Can Employer Refuse Visa Cancellation During MOHRE Complaint in the UAE?

Under UAE law, employers cannot legally refuse to cancel your visa or hold it hostage to force you to withdraw a labor complaint. If your employer is uncooperative during an active dispute, the Ministry of Human Resources and Emiratisation (MOHRE) can step in to administratively cancel your work permit so you can move on.

What the UAE Law Says About Visa Hostage-Taking

It is a highly stressful and unfair situation when an employer tries to force you into dropping your labor dispute by refusing to cancel your visa. In the United Arab Emirates, this retaliatory behavior is strictly illegal. Under Federal Decree-Law No. 33 of 2021 (the UAE Labour Law), employers are legally obligated to cancel your work permit and visa upon termination of employment. They cannot tie visa cancellation to the withdrawal of a legitimate complaint.

Furthermore, Ministerial Decision No. 47/2022 governs the regulation of labor disputes and complaints. This decision outlines that if an employer refuses to cooperate or fails to respond to a cancellation request within 5 working days during an active dispute, MOHRE has the administrative authority to cancel your work permit directly. This bypasses the employer entirely, ensuring you are not trapped in legal limbo.

The Settlement Trap: Never Sign Without Receiving Your Money

A very common and damaging mistake employees make under pressure is signing the MOHRE cancellation form or clearance receipt before their dues are actually paid. The cancellation paperwork typically contains a clause stating that you have received all outstanding salary, leave wages, and end-of-service gratuity as outlined in Article 51 of Federal Decree-Law No. 33 of 2021.

If you sign this document under the false promise that 'the cash will be handed over after cancellation,' you legally confirm you have been fully paid. This makes it incredibly difficult—and sometimes impossible—to prove otherwise in court. You must refuse to sign any settlement receipt until the money has cleared in your bank account, and instead let MOHRE handle the administrative cancellation.

Your Legal Options and Temporary Work Permits

While your case is active, you do not have to remain unemployed or trapped. Under Ministerial Decision No. 47/2022, if your dispute is referred to the labor court, you are permitted to request a temporary work permit from MOHRE. This allows you to legally join a new employer while your lawsuit for unpaid wages or gratuity is being adjudicated.

Facing a hostile employer who is breaking UAE labor regulations can feel overwhelming. You do not have to navigate this alone. You can use Caunsel to research specific labor regulations, safely organize your employment contracts and communications in a secure case file, or connect with an independent UAE lawyer who can provide legal guidance on your next steps.

Steps

• Do NOT sign any final settlement receipt, clearance document, or visa cancellation form stating you received your dues until the money is physically in your bank account.
• Keep your MOHRE complaint active; do not withdraw it under pressure or threats from your employer.
• Submit a formal request to MOHRE for the administrative cancellation of your work permit due to employer non-cooperation.
• Apply for a MOHRE temporary work permit if you have found a new job and your dispute is being referred to court.
• Monitor your residency visa status with the ICP or GDRFA separately to manage your overstay grace period.

Common mistakes

• Signing the final settlement clearance form before receiving your unpaid wages and gratuity.
• Withdrawing your MOHRE complaint in exchange for a verbal promise that the employer will cancel your visa.
• Assuming a pending MOHRE labor complaint automatically freezes your residency visa overstay fines with immigration authorities.

Questions people ask

Can my employer file an absconding report while I have an active MOHRE complaint?

No. Under Ministerial Decision No. 47/2022, employers are strictly prohibited from filing a work-abandonment (absconding) report if there is an active labor dispute pending with MOHRE.

What happens if my employer refuses to respond to MOHRE regarding my cancellation?

If the employer fails to respond within 5 working days of MOHRE's directive, the Ministry can initiate an administrative cancellation of your work permit based on your request, allowing you to transition to a new sponsor.

Do I need a No Objection Certificate (NOC) from my old employer to start a new job?

No. Under Federal Decree-Law No. 33 of 2021, the requirement for a general No Objection Certificate (NOC) to change jobs has been dismantled. You do not need their permission to move to a new employer once your contract is legally ended.

General information only, last updated 2026-10-04. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Arab Emirates.