"DUBAI APPLICANTS" **Let's Network & Get Connected**

[siryasir]

First of all - DO NOT show CIC that you were 'employed' on a Visit Visa because technically you were not. It is not legal in the UAE and it is not legal anywhere as far as my knowledge can help me. I believe you did not receive an Emirates ID during the period for which you were on Visit ? If so, which probably is, then the legality of the matter needs no further debate.

And I do not think it will be a misrep. of facts because you were not legally and technically 'employed' during that period. Its based on mutual understanding between the employer and the employee but that does not negate the fact that it was not in compliance to the UAE labor laws.

If you were on a Visit for 1 year - strike that period out of your total experience and show it as 'Visit' in your background declaration form. Only mention the dates starting from when you were issued an employment VISA in the UAE as your starting period of exp.

If you mention employment status for the duration of your Visit Visa - it will be a huge RED flag in my opinion.

Furthermore if your offer letter states that actual employer then its fine. Just explain the situation in a cover letter.

But if the offer letter's start date includes the period of Visit Visa - then we have a problem. I don't think that is the case, is it ?

Dear Nishesh Thanks for your response.

I joined in March 2006 and so the offer letter's start date includes the period of Visit Visa i.e March 2006. Since it says that I would be on 6 months probation and only after that my employment would be confirmed based on my performance in these 6 months.

Offer letter was given by the actual employer but Employment Visa was issued under the name of subsidiary company of my actual employer, however this visa was cancelled after 1 year and I was issued Employment Visa by my actual employer whose name was mentioned on my offer letter as well as on my stamped Visa.

Emirates ID did not exist at that time as far as I know. It used to be labor card which was issued only after 9-10 months when I was given employment visa in JANUARY 2007 by the employer.

What do you suggest? If I would show my employment from Feb 2007 ( which is when my employment Visa was stamped) till Sept 2008 I would lose 1 whole year which would reduce my 2 points. I was thinking of claiming 11 points for 2 .5 years of total work exp. :'( :'(

 

[siryasir]

i beg to differ from some... If you have really worked and gained experience in the same NOC code that you have applied, please state that. It is not your fault that you could get employment visa. State the facts about probation period, regularization and sister concern etc. I only foresee the issue of 'no letter head'. Would you have pay stubs ? We all know the real estate boom and the burst in UAE or world over.

Thanks Indian Applicant.

No we were given cash so no pay stubs.

That leads to another confusion, after few months we were working on commission structure and no salary was given, it was 50-50 commission. Will no salary and only commission would be considered as a PAID employment by CIC or not ?

 

[nishesh3003]

Dear Nishesh Thanks for your response.

I joined in March 2006 and so the offer letter's start date includes the period of Visit Visa i.e March 2006. Since it says that I would be on 6 months probation and only after that my employment would be confirmed based on my performance in these 6 months.

Offer letter was given by the actual employer but Employment Visa was issued under the name of subsidiary company of my actual employer, however this visa was cancelled after 1 year and I was issued Employment Visa by my actual employer whose name was mentioned on my offer letter as well as on my stamped Visa.

Emirates ID did not exist at that time as far as I know. It used to be labor card which was issued only after 9-10 months when I was given employment visa in JANUARY 2007 by the employer.

What do you suggest? If I would show my employment from Feb 2007 ( which is when my employment Visa was stamped) till Sept 2008 I would lose 1 whole year which would reduce my 2 points. I was thinking of claiming 11 points for 2 .5 years of total work exp. :'( :'(

I will tell you my case as an example (I will take example dates for myself).

I joined my organization in July 2013. My work visa came in August 2013. So for a good 4 weeks I was working on Visit Visa.

BUT - during this period the work visa was UNDER PROCESS by the ministry of labor. This was attested and provided in written by my employer on a letter head which i submitted to CIC in my App.

In your case - both parties agreed to work on a VISA that does not allow such activity to be legally carried out in the UAE. Am i right ?

I would strongly suggest that you consult a lawyer.

You could go ahead with your application and submit it with all the explanations but weigh your risks before hand (which may be a lot by the looks of it).

 

[Indian applicant]

I tend to agree with others here. especially because you are unable to prove with documents such as Service Certificate; pay slips; bank statements; labour card; or other statutory documents beyond reasonable doubt.
Would you atleast have job offer letter on company letter head with sign, seal and mentioning your salary ?

 

[siryasir]

I tend to agree with others here. especially because you are unable to prove with documents such as Service Certificate; pay slips; bank statements; labour card; or other statutory documents beyond reasonable doubt.
Would you atleast have job offer letter on company letter head with sign, seal and mentioning your salary ?

I have VISA stamped on my passport which clearly mentions my occupation as SALES and my employer's name. Yes I have offer letter on company's letter head PLUS i have reference letter on plain paper from the director of the company since no letter head available now as the company is closed.

Would that be enough?

Would 50-50 commission structure with NO salary would be considered as PAID employment in order to claim points???

 

[nishesh3003]

I have VISA stamped on my passport which clearly mentions my occupation as SALES and my employer's name. Yes I have offer letter on company's letter head PLUS i have reference letter on plain paper from the director of the company since no letter head available now as the company is closed.

Would that be enough?

Would 50-50 commission structure with NO salary would be considered as PAID employment in order to claim points???

The offer letter will be considered as documentary proof of employment with the ref. letter.

The VISA itself will not be accepted as proof of employment.

Now I believe your emp. contract mentions your start date inclusive of when you were working on Visit Visa for 1 year ? Does the contract clearly specify that you will be working on Visit Visa or anything along those lines ? If Yes - does it mention the 'reason' as to why you cannot be provided with an Employment VISA instead ?

 

[mappleleaf]

Has anybody tried to get additional IELTS TRF's from British Council Dubai?

I checked with their call center, and they refused to issue additional TRF's to individuals.

 

[nishesh3003]

Has anybody tried to get additional IELTS TRF's from British Council Dubai?

I checked with their call center, and they refused to issue additional TRF's to individuals.

Post this on the IELTS Timeline. People have been able to acquire additional TRFs in the past.

 

[siryasir]

The offer letter will be considered as documentary proof of employment with the ref. letter.

The VISA itself will not be accepted as proof of employment.

Now I believe your emp. contract mentions your start date inclusive of when you were working on Visit Visa for 1 year ? Does the contract clearly specify that you will be working on Visit Visa or anything along those lines ? If Yes - does it mention the 'reason' as to why you cannot be provided with an Employment VISA instead ?

No it says nothing of that sort, bro. It only mentions that I would be on probation for 6 months. This is what it says:

"The first Six (6) months of the employment shall be probationary period, during which time employment may be terminated with or without cause by either party without any notice period or severance pay."

Do I need to talk to the director and request if he could modify my offer letter now and made it from the date I was issued employment Visa or give any genuine explanation to this. What do you suggest...there is no other way.

 

[nishesh3003]

No it says nothing of that sort, bro. It only mentions that I would be on probation for 6 months. This is what it says:

"The first Six (6) months of the employment shall be probationary period, during which time employment may be terminated with or without cause by either party without any notice period or severance pay."

Do I need to talk to the director and request if he could modify my offer letter now and made it from the date I was issued employment Visa or give any genuine explanation to this. What do you suggest...there is no other way.

I would like to understand what's your Employer's stand on this. Do they agree that having you working on Visit VISA was not the legal procedure or are they perfectly okay with it and consider it a normal procedure? Not that it would matter to CIC as the procedure is not correct, but I am trying to understand whether your employment contract mentions you working on a Visit Visa during probation in any way?

Either-way, I would suggest you request them to modify the Employment Contract to show the start date in sync with the Employment Visa and not Visit Visa.

 

[siryasir]

I would like to understand what's your Employer's stand on this. Do they agree that having you working on Visit VISA was not the legal procedure or are they perfectly okay with it and consider it a normal procedure? Not that it would matter to CIC as the procedure is not correct, but I am trying to understand whether your employment contract mentions you working on a Visit Visa during probation in any way?

Either-way, I would suggest you request them to modify the Employment Contract to show the start date in sync with the Employment Visa and not Visit Visa.

Thanks bro +1 for your responses.

I think I should speak to them about modification of the employment contract as for normal situations this could have worked but with PR and Visa related situations such casual stuff may not work.

Also, my employment Visa was first issued by a subsidiary/sister concern of my actual employer...so basically my stamped Visa mentions 'ABC LLC' as my sponsor while I was working actually for 'XYZ LLC'. However, after 1 year that subsidiary's Visa was cancelled and I was moved on the visa of my actual employer i.e 'XYZ LLC'. Can this be of any IMPORTANCE or issue for CIC as there would be a mis-match of the sponsor of the employment Visa and Company giving Offer letter and employment ?? Though this is a common thing in UAE.

 

[nishesh3003]

Thanks bro +1 for your responses.

I think I should speak to them about modification of the employment contract as for normal situations this could have worked but with PR and Visa related situations such casual stuff may not work.

Also, my employment Visa was first issued by a subsidiary/sister concern of my actual employer...so basically my stamped Visa mentions 'ABC LLC' as my sponsor while I was working actually for 'XYZ LLC'. However, after 1 year that subsidiary's Visa was cancelled and I was moved on the visa of my actual employer i.e 'XYZ LLC'. Can this be of any IMPORTANCE or issue for CIC as there would be a mis-match of the sponsor of the employment Visa and Company giving Offer letter and employment ?? Though this is a common thing in UAE.

I understand that your Sponsors changed as far the VISA is concerned. But, if I understand correctly, your 'Employer' for whom you worked, and the one providing you the ref. letter, remained the same? If - So, this is not an issue at all. But do prepare a covering letter to explain the whole thing and submit along with your application.

 

[martin123]

Dear all,
gve me details about good immigration consultants in dubai. thanks

 

[siryasir]

I understand that your Sponsors changed as far the VISA is concerned. But, if I understand correctly, your 'Employer' for whom you worked, and the one providing you the ref. letter, remained the same? If - So, this is not an issue at all. But do prepare a covering letter to explain the whole thing and submit along with your application.

Yes, you have got it right.

I am trying to get a trade license copy of XYZ and ABC both, since both these companies have same UAE citizen as a sponsor I guess this would be enough to show the connection between two.

Do you have any idea if working only on commission and NO SALARY is considered as PAID employment by CIC or not?

 

[TheMapleLeaf]

Right!