Business visa transfer
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If I filed case against saudi employer can I transfer business visa to another sponsor, company? They hired me on business visa and told that will convert it to work permit later and never done it and didn't pay salary on time so I filed case against them. I didn't resign and they didn't terminate me too. So I even don't know whether i am employed or not. However I am not working already because my visa expired (due to their negligence) and they didn't allow me to come to work till the time they fix it but never did it.
I think you are confused. I am assuming what you mean by business visa is just that and not the work visa which is supposed to be converted into an Iqama
1) You are NOT allowed to work on a business visa. This is a visa to attend meetings, conferences and so on. Not to work full time. If you file a case, you may get your salary and employer gets fined but you can also end up being fined or penalized for admitting to breaking the law
2) Business visa cannot be converted into an Iqama. You have to exit, go to your home country and get the work visa stamped before any conversion to Iqama can be done
3) Business visa cannot be transferred between sponsors. You either cancel it or let it expire and then have a new sponsor apply one for you
I am not confused. I came on business visa and I was working 6 months. Because employer told it is mix of business and work visa and then they will convert it. Before I didn't know it's impossible. Yes, it is expired now. And I cannot be fined because it is employer responsibility to provide right visas and on time. Lawyers told these. But if my business visa expired how can I get new employment? Everybody is asking for iqama.
The reason I said that you are confused is because you are mixing up the nature of the different visas and what they legally allow you to do. I attempted to clarify but from your response, I see that you didn't understand what I was saying. Your points may be valid common sense wise but from the type of the visa and applicable laws, they are incorrect. I will try to explain in detail.
Simple facts:
1) You are NOT supposed to work on a business visit visa. There is no such thing as a mix of business and work visa. Whatever your employer is telling you is a lie. See below for guidelines for business and work visas
2) There is NO transfer of business visit visa and it CANNOT be converted to an Iqama
3) Renewal of a business visit visa is not possible while you are inside Saudi. You have to leave prior to expiry, apply for a new one and get it stamped
4) Since you are not supposed to work on this visa, NO ONE will employ you on it. Only dodgy companies who don't have work visa quotas use this route and lie / make false promises to people which end up landing them in trouble. And even if you find such a company, nothing can be done with your current visa re: point #2/#3 (you have to leave and then apply for a new one)
Guidelines for a business visa:
This Visa is issued for a business visit to a company in the Kingdom of Saudi Arabia for technical and professional purposes
It is for technical and professional purpose Only for executives and professionals traveling on invitation from a company in the Kingdom of Saudi Arabia.
This visa does not grant the applicant a resident or work permit for the Kingdom of Saudi Arabia.
So simply, it is meant for executives and professionals to be able to come for meetings and support - it is not meant to employ people. People on this visa have no right to "work" - for that you need a work permit.
Guidelines for a work visa:
A work visa is issued for 90 days after labor and immigration approval, you come in, do medical, insurance is uploaded and Iqama is issued. See below.
This long term visa is for employees/ workers of companies based in the Kingdom of Saudi Arabia. The work permit and authorizations must necessarily be issued by the employer prior to the visa application being submitted at the country of origin of the Applicant. It is mandatory for applicants to complete a medical examination at an authorized hospital/ clinic and provide a copy of the Medical Report during the visa application process. This visa category is available only with a single entry option.
Simply, you ENTER on a work visa. There is no conversion.
I am commenting on the basis of seeing cases such as yours come up over the years. The lawyer is advising you somewhat incorrectly i.e. he is only partly right. The correct part is that you are considered as a "deemed employee" despite the visa for contesting your salary, end of service benefits and having the employer right to provide you a visa. The incorrect part is that he is saying that you have no liability - "Labor court wise" you may not but immigration wise, YOU DO. Forget the courts, Immigration can take matters into their own hands (and has in other cases) e.g. refusing to issue you ANY visa for Saudi in the future due to your overstay & violating the terms / conditions of your visa (i.e. working on it).
Now to your point as to how you can be fined (by a court). Again, it is back to nature of visas. You are NOT supposed to work on a business visit visa. Working on that visa is a violation of the law. If you file a case, you are admitting to a violation of the law and that puts you at risk also - they may or may not go after you but that doesn't change the fact that you are at risk. Furthermore, you have overstayed your visa - that comes with fines as well (overstaying is deemed as YOUR responsibility, not employer).
Your only options now are:
1) Lock down a new job, in principle, with someone who will be willing to sponsor a work visa/Iqama for you, then exit the country and get that visa stamped in your home country
2) Exit the country, have someone sponsor a business visit visa for you, come back, fight for your rights and try to utilize option 1 again
3) Find someone super connected or at high levels who can make all of these processes go away and sort out the situation. The wasta angle
The longer your overstay, the chances of you getting any type of Saudi visa ever again, start declining day by day.
Dear, we can give a legal advice. In every embassy, there is a legal attorney available you belong to which country I don't know but anyway go to your embassy and meet with embassy legal lawyer they will advise you free of cost and if you file a case against anyone they provide the whole information and they will give you time and he will go with you. They have access to go any court and any Government area they have a license they can file a case for you so better go to your embassy and take free consultancy. Then decide what you should do. Thanks
Visa is always employer responsibility. It is written in contract. Since people don't know about this employer take advantage of foolish people by threatening with jail, fines and deportation. And therefore they don't take legal actions against employer violating the terms of their contract. The law company would not take the case when they can't win because they earn commission from this. If they lose they get nothing. They have no reason to lie or speculate like employers
We are talking about different things. I don't disagree that visa is employer responsibility. I am saying that this company is not your employer as you are not on a work visa. They are not supposed to employ you on this visa nor you are supposed to work for them.
Anyway, you would need to get a proper work visa to be able to move to another company.
XTang is correctly advising that you can not work with a business visa, On a Business visa, I was coming from my home country to KSA for attending the Business meeting, Conferences, and advising expertise during yearly internal audits on-site for about 2 years.
Later when I got a work visa, came to KSA again and performed normal duties.
Better to go back to your home country, raise complaints through correspondence with Jawazat to manage your financial and moral side.
Staying with an expired visa and raising complaints, seems to have a high probability of backfiring.
As others have stated Business Visa cannot be transfered to Iqama and it should state on Visa the maximum duration you can stay, e.g. 90 days. You must exit before the end of the duration and re-enter.
Also as i understand, you are still in Saudi Arabia and your visa has expired, so you will have a fine to pay when leaving. I hope your legal advisor informed you of this as the fines can be expensive.
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