Absconding is one major problem in the UAE, and this is most frequently experienced by expatriate workers who possess residency visas.
Absconding refers to a situation whereby an employee fails to report for duty or simply disappears without prior notice from his employer.
This results in strict penalties as allowed by the laws of the land, which involve canceling one’s visas, immigration bans, fines, deportation, and hassle in an attempt to acquire new employment within the country.
But How to Check Absconding Status in UAE? The UAE allows one to check the status which is a boon for anyone who feels that they would be charged with being an absconder.
The swift action taken curbs the legal consequences and prevents further complications from arising.
The article sheds light on how to check the absconding status in UAE, causes of absconding reports, its consequences, and the resolution and prevention procedure of such cases.
What is Absconding?
Absconding is a term used in UAE parlance when an employee or citizen departs his workplace or the country without proper authorization and without notice to his employer.
According to the UAE labor law, an employer can file a case for the employee to be categorized as absconded if he or she has been absent from work for seven continuous days without prior notice.
In the UAE law, there are two types of cases
- Labour absconding: Employees do not report to work for a long time or either travel out of the country without informing their employer about their intentions.
- Overstaying after Visa Expiry: An individual overstays in the UAE after his Visa has expired without renewing it or he has traveled out of the country.
Common Reasons for Absconding Status:
Failure to report for work: Persisting unauthorized absence from work can create a ground for an employer to file a case of absconding against an employee.
Absconding in case a person had left the UAE without giving due notice to his employer.
Overstaying Visa: Whoever has failed to cancel his visa or has not renewed the same before his departure from the country shall be deemed to have absconded.
Misinterpretation of actions or malicious reporting by an employer: Some employers may lodge complaints against some employees either out of mistake or malice to the immigration or labor authorities.
Why Might You Be Reported as Absconding?
Many grounds to report a person as a defaulter, one of which are:
Failure to join duty: You have failed to join your duty for seven consecutive days without informing your employer or having an approval and your employer reports you to the Ministry of Human Resources and Emiratisation (MOHRE).
Leaving the country without intimating: Provided expatriates leave the country without officially intimating their employers or canceling their visas, they may be held charged for that offense as absconding.
Administrative mistakes or ill will: At times, the employers mislead their employees and present them before the court as absconders. Such practice may be due either to administrative mistakes or ill will on the part of the employer.
Consequences of Being Marked as Absconding
The UAE law treats the branding someone an absconder seriously and gives stern penalties:
Immigration ban: Since you will most probably have been reported as an absconder, there will be an immigration ban on you and you will be barred from re-entry into the UAE or any of the GCC countries
Cancellation of visas: With an absconding report, your residence visa normally gets automatically canceled and renders your stay in the UAE illegal.
Difficulties in securing other employment: Absconder status within the UAE labor law. The more challenging it could become to secure other employment opportunities within the UAE.
Legal and monetary effects: Financial sanctions or deportation, arrest warrants, or fines are a few legal and monetary impacts that may come along with the allegations of absconding.
How to obtain Absconder Status in the UAE
If you feel you have been reported to have absconded, here’s a guide on How to Check Absconding Status in UAE:
Using the Ministry of Human Resources and Emiratisation (MOHRE) Website
The MOHRE now allows you to check your labour-related issues online, including your status on being marked absent. Here’s how to do this.
Visit the MOHRE Website: Go to www.mohre.gov.ae.
Step 1: Go to ‘Case Status’: Under ‘E-Services’, click on ‘Check Labour Complaints’ or ‘Absconding Status’.
Enter Your Required Details: To check your status, you need either a labour card number or Emirates ID number or the number on your passport.
Submit Your Application: On having filled all the above details, submit to view your status.
Using the General Directorate of Residency and Foreigners Affairs (GDRFA) Portal
To check absconding status through Dubai GDRFA portal, you just need to follow the below steps:
Go to GDRFA Portal: Check www.gdrfad.gov.ae
Login or Registration: You have to try login and get registered using your Emirates ID.
Absconding Status Check: Locate a sub-section where you will be able to check your absconding or visa status.
Visit MOHRE or GDRFA Office
If you are willing to undergo a lengthier process, you may like to visit either the MOHRE office or GDRFA office,
Walk-in Enquiry: Visit the nearest office to get your case status
Proof documents required : Passports, Emirates ID, any visa document related that is under process and case status .
Inquiry with Employer :
There can be cases where your employer has filed an absent report against you. You can:
Contact the employer: Call your HR department and ask them if there is any kind of absconding report filed against you.
Let your employer know that when the report is filed regarding your absconding, it should be proper.
How to Resolve Absconding Status
If you are informed that you have been stamped as absconded, then you should do the needed in order for this stamp to be deleted. In this regard, you have two options:
File a complaint: If you have been reported wrongly because of an absconding reason, then you can file a formal complaint to MOHRE or with GDRFA according to your case.
Proceed to labor court: The labour court might intervene in case the employer has maligned you by reporting you an absconder and may even solve your issue.
Rectification of the visa status: Engage the immigration authority for rectification of the visa status and removal of the issue of being an absconder.
What to Do If You Are Reported as Absconding?
While reported as an absconder, here are a few things to do to retain one’s rights :
Seek a lawyer: Find an immigration lawyer to lead you through how to clear that charge of absconding. A lawyer could prove your case and you could, therefore, have your name cleared.
Voluntary surrender: You should take a chance to get surrendered by the authorities sometimes. This will reduce much exercise in your case and will divert your attention elsewhere from other complications.
Exit procedure: If the charge of absconding is genuine, then team up with authorities so an exit can be taken from the UAE without incurring any further penalties .
Preventive measures against being declared absconding
Pre-expatriates can save themselves from getting declared absconded by taking the pre-emptive measures mentioned below:
Remain constantly in touch with your employer and keep them informed of all the leaves, extended leaves, or travel plans that you take. .
Record leave approvals: Always maintain copies of all the leave requests, approvals, and correspondence as evidence that you had them approved by your employer.
Complete visa cancellation procedures: If you are leaving the UAE for good, make sure that your employer has canceled your visa properly. In this way, you will never be labeled as a runaway worker once you leave the UAE.
Conclusion
It is important to know how to Check Absconding Status in the UAE. Charges of absconding are critical such as a ban from emigration and canceling of visa. It may cause serious legal battles and difficulties.
The procedure this is done by allows one the opportunity to lodge enquiries over his absconding status by MOHRE or GDRFA.
When charged on alleged absconding; the sooner one seeks representation, makes complaints, or amicably resolves the issue the less affected he is bound to be.
As long as you are staying compliant with the UAE’s labor and immigration laws along with mutual relations to employers, you will avoid yourself from being included in a case of absconding.
Owing to proactive behavior, you will be avoiding an issue that arises as trouble in legal terms. Thus, you can easily return back to work and stay in the UAE without any problem.
