Firstly, let me thank you for the tremendous work and support you are giving through this legal column. I wanted to ask your advice on an issue we are facing.
My father is working in a private firm, visa Article 18 for the last 2 years. He was hired locally. He wants to transfer to a new company/ new sponsor. We have come to know that the previous company’s files have been closed by Shoon (Ministry of Social Affairs and Labor), under article 72.
1. Will it be possible for him to get a release from the old company? If so, what will be the steps to be taken?
2. Can the new company/ new sponsor take up the case with the Shoon directly regarding the transfer or do we need to approach the Shoon ourselves?
3. His residence is valid for one more month. Will it be possible to get another temporary extension? If so, can it be done by the new company/ new sponsor?
Answer: Unfortunately, for you the Ministry of Social Affairs and Labor will not accept any transaction nor entertain you or your employer for this purpose until the sponsor gets rid of the objection for which the files were closed.
Only once the files have been reopened will any transaction be accepted. The only way out is to take the company to court, which — if the decision goes in your favor — can order the ministry to accept the transaction. And yes, you can get another temporary extension (Article 14) through either company.
Please remember that the Article 14 residence (temporary) does not involve the Ministry of Social Affairs and Labor and is done by the Ministry of Interior through the Immigration Department in your area