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visa ban?
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disregardedknowledge



Joined: 12 Nov 2008
Posts: 63

PostPosted: Sun Feb 28, 2010 4:52 pm    Post subject: visa ban? Reply with quote

If I'm correct, several years ago Oman did away with visa bans. So if an employee decides he doesn't want a job after a couple months because another job in Oman comes along, what is the usual scenario?

Will the prospective employer lose interest in hiring if they are aware the employee hasn't worked for too long at his previous position? Or can I lose the passport and get another without the visa and then reenter?

PMs welcome. Thanks.
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Sun Feb 28, 2010 6:23 pm    Post subject: Reply with quote

If you have a live work visa in your passport, your current employer must cancel it and get the labor card back before you can get another job. Also, an employer with the proper wasta (influence) can keep you from transferring jobs even if you complete your contract and/or change passports. It's not common, but is a possibility.

So, best not burn too many bridges...

But, I must say that you have an obsessive interest in this topic. You have at least a dozen posts asking about how easy it is to do a runner or change jobs. You would be much better off spending your time checking up on your new employer. You better hope that any employer who is considering hiring you doesn't manage to identify your posts here. Laughing (and yes, they do monitor this board)

VS
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jdl



Joined: 06 Apr 2005
Posts: 632
Location: cyberspace

PostPosted: Mon Mar 01, 2010 3:48 pm    Post subject: Reply with quote

Indeed, we do.
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Neil McBeath



Joined: 01 Dec 2005
Posts: 277
Location: Saudi Arabia

PostPosted: Tue Mar 02, 2010 3:00 am    Post subject: Visa ban Reply with quote

disregardedknowledge,

Ok, lets recap here.

Up until 2005, if employees wished to leave an employer, then they had two options.

The first was to resign, leave the Sultanate for TWO years, and then return.

The other way was to ask for a No Objection Certificate, which meant that the employer was formally stating that there was no objection to the (about-to-beome) former employee moving somewhere else.

There were instances of this, particularly when businesses were losing trade or were going bust, because it saved the original firm the cost of repatriating the employee. I cannot actually recall any in the teaching profession, but that does not mean they did not occur.

I do know, however, of cases where the original employer flatly refused to give an NOC. In one case this was a recruiter who had sub-contracted to RAFO. When RAFO wished to take some of the sub-contracted teachers onto their own books, the transfer was denied.

At some time between 2005 and 2007, this system ended.

It is now possible for people to resign from one job, and move to another. The original employer has to cancel the employee's original sponsorship, and the new employer has to give a new sponsorship, but if the worst comes to the worst, that can be done by going down to Muscat Airport, formally leaving the country on a round trip ticket to Sharjah (Air Arabia - 60 rials) and returning to pick up a new work visa from the new employer.
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ThaneKerner



Joined: 13 Sep 2009
Posts: 139

PostPosted: Tue Mar 02, 2010 2:30 pm    Post subject: Reply with quote

Do a runner in Oman and you'll have a tough time getting another job if you use another agency. The agencies in Oman are a pretty close-knit group, and they regularly communicate with each other regarding who does runners. Do a runner in Oman at your own risk.
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eslbear



Joined: 19 Feb 2010
Posts: 93

PostPosted: Tue Mar 02, 2010 2:35 pm    Post subject: Reply with quote

Unless there is any issue with how the employee left - any outstanding dues, the resignation without proper notice etc.

Then, the employer wont cancel the visa until all issues are resolved or if the employee is considered "absconded" the employer cant cancel the visa for 6 months. And the employee cant get a new visa while still under a current one.

So the idea that a "runner" is possible these days is not so easily managed.
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Tue Mar 02, 2010 4:17 pm    Post subject: Reply with quote

eslbear wrote:
So the idea that a "runner" is possible these days is not so easily managed.

Just to clarify this... of course doing a runner is easy. You just go to the nearest border or airport and leave. The catch is that you best plan to get your next job in another country, not Oman. Laughing

VS
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disregardedknowledge



Joined: 12 Nov 2008
Posts: 63

PostPosted: Wed Mar 03, 2010 11:25 am    Post subject: Let me clarify Reply with quote

There seems to be some misunderstanding. I no where on my original post stated anything about a runner!!!!!! Let me be more clear. What if someone in Oman decides they want another job and another Omani employer is interested. So then the employee formally resigns. If a NOC is not needed, and the teacher gets a new passport, will there be an issue when he returns to Oman? Repeat, not a runner. Just simply someone who wants to know his choices if he arrives and after a few weeks, the position is not at all what the teacher expected and he or she wants to leave.

There is no intent to deceive or leave an employer in a bad situation. My question is what people all over the world face everyday. Starting a job that is not as good as you had hoped or were told and you wish to move on. That's it, nothing else!!!!!!!!!!!!!!!! No running, just formal resignation!

VS, you offer some valuable insights usually, but at other times you are quick to jump the gun and criticize
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eslbear



Joined: 19 Feb 2010
Posts: 93

PostPosted: Wed Mar 03, 2010 2:27 pm    Post subject: Reply with quote

My apologies, I think I suggested the idea of a runner in the context of potential trouble getting a new job in Oman. If you resign as per the terms of your contract and have no outstanding debts to the company or to the bank then there is nothing stopping you from being hired by the new employer.

The current visa has to be canceled at the airport with the company PRO so you do have to leave, if only temporarily.

eslbear
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jdl



Joined: 06 Apr 2005
Posts: 632
Location: cyberspace

PostPosted: Wed Mar 03, 2010 2:37 pm    Post subject: Reply with quote

Here is a copy of the Oman Labour Law. It may prove helpful? I am sure there is a book of procedures and regulations which define the 'ways and means' of the law but I am unable to locate that as yet.

http://www.manpower.gov.om/labourlaw/TOC_English.pdf
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Wed Mar 03, 2010 3:15 pm    Post subject: Re: Let me clarify Reply with quote

disregardedknowledge wrote:
VS, you offer some valuable insights usually, but at other times you are quick to jump the gun and criticize

Perhaps that is because you have started numerous threads on every Middle East branch and each one has turned into a discussion of runners and job changes... for the last few months... which is why I warned you that it could present difficulties for you if employers manage to identify you from your posts.

But, as to whether it will be easy to change jobs within Oman if your current position is intolerable, I wouldn't count on their happily or quickly canceling your work visa. Most of these difficult contracts are only for a year anyway.

Perhaps NM could clarify, but I don't believe a work visa is canceled just because you leave the country. Mine never was. Are you now able to ask them to cancel your work visa at departure?

VS
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eslbear



Joined: 19 Feb 2010
Posts: 93

PostPosted: Wed Mar 03, 2010 6:35 pm    Post subject: Reply with quote

my understanding is that the visa has to be canceled as you are leaving the country. You can't have your visa canceled and then remain hanging around - for example your company cancels it on your behalf and you catch a flight later in the week or something.

If you want to remain in the country and switch employers, you need a letter of release from the sponsor - this topic was addressed in the "Week" magazine / paper today in fact for anyone who is in Oman and can get a copy.

eslbear
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Duffy



Joined: 29 Oct 2005
Posts: 449
Location: Oman

PostPosted: Wed Mar 03, 2010 7:08 pm    Post subject: Reply with quote

If you can't get hold of a copy here is the link. They have an e-paper as well.

http://www.theweek.co.om/home.aspx

duffy Laughing Laughing
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Thu Mar 04, 2010 12:29 am    Post subject: Reply with quote

eslbear wrote:
my understanding is that the visa has to be canceled as you are leaving the country. You can't have your visa canceled and then remain hanging around - for example your company cancels it on your behalf and you catch a flight later in the week or something.

But, one can depart without the visa being canceled... for leaves, holidays, or weekend trips to Dubai. Normally on a final departure, your employer takes you to the airport and the visa is canceled. But, my question was whether the employee could decide to quit and cancel the visa him/herself without the involvement of the employer? And then return on the next flight with a visa from the new employer?

VS
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eslbear



Joined: 19 Feb 2010
Posts: 93

PostPosted: Thu Mar 04, 2010 7:22 am    Post subject: Reply with quote

Absolutely not VS, the visa must be canceled by the employer and with the employee - they have to stamp the passport after all. If you leave on vacation but then do not return, that is under the "absconded" category and the employer has to wait for 6 months to cancel the visa.

That is why the runner is such a pain for the employer. You can cancel the visa with the employee gone but I believe you have to first buy them a plane ticket leaving oman - in case they are actually still in the country but not reported back to work. The Ministry and ROP have to have the assurance that they can deport the person but at the employers cost.

So, the new employer wont be able to obtain a new visa for the person and the old employer maintains some control over the fate of the employee. If you want to switch jobs you have to follow the rules - with proper notice the employer has no choice but to cancel your visa at the appropriate time at the end of the notice period - if the employer refuses, then a case can be made to the Ministry.

eslbear
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