First of all, you do not need an NOC in three cases:
1.) If your salary has been delayed by more than two months.
2.) If you have a court judgment declaring arbitrary dismissal.
3.) If you have completed a three year work contract.
However, in all other instances, those who are already employed in the UAE may only seek new employment by transferring their visa from their current employer to their new employer or cancelling their current work visa and re-entering the country and going through the same process which was required to get their original work visa.
Conditions to transfer visas between employers in the UAE:
- The employee must have been employed with the original employer for at least one year.
- The previous employer must approve the new employment.
- The new employment must be in the same profession as the previous employment.
- The employee must hold a valid residency visa.
- The employee’s title must be from the categories for which visa transfer is permitted.
- The Ministry of Labor must approve the transfer.
The documents required for the transfer of visa application include the following:
- The application form.
- Copy of the labor card.
- Copy of the establishment card for both sponsors.
- Copy of the trade license of both sponsors.
- A copy of the employee’s passport and residency visa.
- A copy of the employee’s degree and or professional certificates attested by the Ministry of Foreign Affairs.
- The application fee.
Once the application is approved by the Ministry of Labor, the Ministry will issue three letters to the new employer.
- A letter listing all of the documents required to proceed with the transfer;
- A letter which is an undertaking from the previous sponsor that he paid the entire amount of the employee’s dues, signed by the employer;
- A letter containing the approval and payment codes.
Once the approval fee is paid and the above requirements are met, the new employer/employee can begin to apply for the labor card and visa. The employee must secure the new residency visa within sixty days from the date the transfer was effected.
*This information was taken from Al Tamimi, Brochure on Immigration Law and Gulf News Ask the Law.