Visa

An employee has a valid contract with [company removed] but has not been provided with a work or residence visa, making it impossible for her to work legally. At the same time, she has not been paid, as [company removed] claims she is covered under a subcontract agreement. However, this subcontract agreement is not registered with MOHRE and therefore has no legal validity. Additionally, [company removed] has neither renewed nor cancelled her visa, leaving the employee unpaid, unable to work, and unable to exit the country. We request immediate action to either regularize her visa and salary or formally cancel the contract and visa in accordance with UAE law. Failing this, the matter may be escalated to MOHRE. Yours sincerely,

This situation is not lawful under UAE labour law, and the employee should not be left “stuck” without a visa or salary.

In the UAE, an employee cannot legally work without a valid residence/work visa issued by the employer. If the employment contract is with a company, that same company is responsible for the visa, salary, and legal status.

A subcontract agreement does not override labour law, especially if it is not registered with MOHRE. From a legal point of view:

- The unregistered subcontract has no effect on the employee’s rights
- The employer named in the contract remains fully responsible
- Refusing to pay salary because of an internal subcontract dispute is not allowed

Keeping an employee without a visa, without salary, and without cancelling or renewing the visa can expose the company to:

- MOHRE labour complaints
- Fines and penalties
- Claims for unpaid wages
- Immigration violations

What the employee can do

- File a complaint with MOHRE for non-payment of salary and lack of visa
- Request cancellation of the contract due to employer fault
- Seek permission to transfer or exit the UAE legally
- Claim compensation if losses were suffered

The employee should not be forced to stay in the UAE illegally, and the employer cannot block exit by refusing to cancel the visa.

If needed, this should be addressed urgently, as overstaying or working without a visa can create problems for the employee even though the fault lies with the employer.

In the UAE, an employee cannot legally work without a valid residence visa and labour permit. If a company allows someone to work without proper sponsorship or fails to renew or cancel the visa, this may place the employee in an unlawful and vulnerable position.

Key issues in this situation
- The primary sponsor is responsible for visa renewal or cancellation.
- Working under a subcontract arrangement that is not registered with MOHRE may not be legally enforceable.
- Non-payment of wages while preventing visa transfer or cancellation can amount to a labour violation.
- The employee may be unable to join another employer until the visa status is resolved.

Possible actions
- Submit a written request to the sponsoring company demanding visa renewal or cancellation.
- File a complaint with MOHRE (if the employer is a private entity) or the relevant government authority supervising the entity.
- Request cancellation to obtain a grace period to transfer sponsorship or exit the country.
- Seek assistance from the employee’s embassy or consulate if travel is restricted.

Important: The employer cannot legally retain an employee without valid residency status or block cancellation without lawful grounds.

HHS Lawyers can assist in resolving visa disputes, recovering unpaid wages, and ensuring compliance with UAE labour and immigration regulations. You can also claim a free 15-minute consultation with our expert by sending your enquiry on WhatsApp.