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scot47
Joined: 10 Jan 2003
Posts: 15343
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 Posted: Sun Mar 14, 2010 3:29 pm Post subject: NOC |
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| 'The Law And You" in Arab News of Saturday 13 March 2010 confirmed that the NOC is still a requirement and pointed out that there is no legal way to force an employer to give you one. |
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7168Riyadh
Joined: 19 Jan 2009
Posts: 149
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| Posted: Sun Mar 14, 2010 4:37 pm Post subject: Letter of No Objection |
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| My understanding of this is that a Letter of No Objection is now required only for a job transfer on the same residence permit. As long as you go through a final exit procedure, it shouldn't be a problem to come back in to a new job. Employers and embassies still asking for a NOC haven't caught up with changes, or were not informed about them, and keep to the old standard operating procedure. This is so typical of Saudi Arabia, and Asia in general in my experience. |
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scot47
Joined: 10 Jan 2003
Posts: 15343
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| Posted: Sun Mar 14, 2010 4:46 pm Post subject: |
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| So what will you do when you are told that you need one ? "I know my rights, mate !" is not a course of action that works well with Saudis. |
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Cleopatra
Joined: 28 Jun 2003
Posts: 3657
Location: Tuamago Archipelago
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| Posted: Sun Mar 14, 2010 4:49 pm Post subject: |
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Did you read the article Scot mentioned? It clearly said that those who apply for a new visa in thier home country still require an NOC.
http://arabnews.com/lawyou/article21024.ece
Transferring the igama is a different procedure which does not involve the NOC, but it does of course require your first employer's consent and active cooperation. However, if you exit the Kingdom on an exit only visa and wish to apply for another job there within a few years, you still need to provide the embassy with an NOC from your previous employer. |
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7168Riyadh
Joined: 19 Jan 2009
Posts: 149
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| Posted: Sun Mar 14, 2010 6:08 pm Post subject: NOC |
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| Did you read the article Scot mentioned? It clearly said that those who apply for a new visa in thier home country still require an NOC. |
Yes, I did read it. I wouldn't take anything that Mohammed is saying to an Indian in a local English-language rag to be authoritative. And note he said "may be expected to stay out of the country for a year before returning to Saudi Arabia." You see, he understands the ambiguity of the law, and how it is unevenly applied, in Saudi Arabia.
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| However, if you exit the Kingdom on an exit only visa and wish to apply for another job there within a few years, you still need to provide the embassy with an NOC from your previous employer. |
That's how it used to work--the standard procedure. But recently, there have been changes. I know someone who left on a "final" exit, and came straight back to a new job on the same passport. This was also the experience of the original poster on this thread.
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| So what will you do when you are told that you need one ? "I know my rights, mate !" is not a course of action that works well with Saudis. |
Clearly, there is a high degree of ambiguity and inconsistency in the system. The correct response is to try and be aware of what your rights are in theory, but not expect anything in practice. |
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Cleopatra
Joined: 28 Jun 2003
Posts: 3657
Location: Tuamago Archipelago
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| Posted: Sun Mar 14, 2010 6:39 pm Post subject: |
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| I wouldn't take anything that Mohammed is saying to an Indian in a local English-language rag to be authoritative |
Of course not. We should all rely on anonymous non-Arabic speaking posters on an EFL board instead.
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| And note he said "may be expected to stay out of the country for a year before returning to Saudi Arabia." |
As I understood it, this was in addition to, not instead of, the NOC requirement. So the point is moot.
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| You see, he understands the ambiguity of the law, and how it is unevenly applied, in Saudi Arabia. |
So? Saying that the law is not always applied (which nobody would disagree with) is not the same as saying that the law does not exist, which is what you were claiming.
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| I know someone who left on a "final" exit, and came straight back to a new job on the same passport. |
That's nothing new at all. There's nothing stopping you leaving and re-entering the country within months on the same passport, provided you have an NOC. I know because I've done it myself. |
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7168Riyadh
Joined: 19 Jan 2009
Posts: 149
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| Posted: Sun Mar 14, 2010 6:59 pm Post subject: NOC |
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| All we're saying here is that there is clear evidence of changes in the law, or some change in the way the law is applied. Both the original poster on this thread and my friend did not have an NOC, and came back into the country on the same passport to new jobs after final exiting. |
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Cleopatra
Joined: 28 Jun 2003
Posts: 3657
Location: Tuamago Archipelago
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| Posted: Sun Mar 14, 2010 7:06 pm Post subject: |
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| All we're saying here is that there is clear evidence of changes in the law, or some change in the way the law is applied |
Is there? I havent' seen any such evidence.
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Both the original poster on this thread and my friend did not have an NOC, and came back into the country on the same passport to new jobs after final exiting. |
Sorry, but two pieces of anecdotal evidence (one of them dating back to 2006) don't amount to much. As you say yourself, such laws are often applied inconsistently, so there will always be exceptions.
Believe me, I'd be delighted to hear that the silly NOC requirement had been scrapped, but there is no indication at all that that is the case. The official line is that those leaving the Kingdom on a final exit visa have to have an NOC if they want to take up another job in KSA within a few years (the exact number varies from embassy to embassy). That, unfortunately, has not changed, even if we will always hear of those who managed to get around the rules. |
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7168Riyadh
Joined: 19 Jan 2009
Posts: 149
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| Posted: Sun Mar 14, 2010 8:05 pm Post subject: NOC |
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A quickie bit of research tells me there was a change in the law in 2006-the New Labour Law effectively abolished the NOC requirement, a change discussed on this forum at the time. It seems the change in the law was slow to be implemented, and further anecdotal evidence suggests the change was put on hold in some places (e.g. India), and then re-implemented. A total mess in practice, as Stephen said. Embassies and companies are being conservative in asking for a NOC, but my guess is that you don't legally need one so long as you exit properly. Okay, I'm diving for cover right now  |
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scot47
Joined: 10 Jan 2003
Posts: 15343
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| Posted: Mon Mar 15, 2010 10:18 am Post subject: |
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An earlier comment from "The Law And You" stated - it is no longer a LEGAL requirement but it is an ADMINISTRATIVE requirement.
Further study of the works of Lewis Carrol is called for. |
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