How OFWs can Transfer Sponsorship if in Red Category
Audrey, Oct 6, 2014
The Nitaqat law allows expatriates to change their sponsorship if Kafeel belongs to the red category. Foreign workers can do this even without the consent of his Kafeel. Below are the step by step guide of transferring sponsorship.
1. First, you have to check the Nitaqat Category of your Kafeel. You can do this by encoding your iqama number at the ministry of labor website and check the category of your Kafeel. You have to be sure that your Kafeel belongs to the red category to be able to transfer your sponsorship.
2. Be sure that your passport is with you. It is illegal for employers to hold passports of their employees. You can file a case against them in the court if thery hold your passport.
3. Once you are sure that your present Kafeel is in the red category, you can now search for an employer with green nitaqat category. However, this will also mean that you are to look for another job.
4. If you already have a new job offer letter, you can give a resignation letter to your employer with a notice period of 15 to 30 days. You should also ask for a transfer of sponsorship from your employer. You also don't have to worry if your employer won't agree to give you a transfer of sponsorship, as long as you are sure that your Kafeel is in the red nitaqat category.
5. Once your resignation letter was submitted with the proper notice period, you can now ask your employer your end of service benefits. Only expatriates who have given resignation with proper notice period can avail this end of service benefits. Because moving to a new company without resigning from the old company will be a violation of the contract, thus your employer can sue you in the labor office and this will give you problem.
6. If the notice period of your resignation is already finished, you can now ask for your benefits and release papers. But even if your current Kafeel refuse to release you, you can still transfer to a new employer.
7. Surrender your passport and Iqama to your new employer. He will do the rest of the work, like changing the status of your sponsorship, renewing your Iqama etc.
8. If your previous Kafeel does not give your end of service benefits, you can sue him in court. But this will depend on your end of service benefits amount.
Just remember that you can only transfer sponsorship if your Kafeel is in the red or yellow category. So you have to check this first before doing the steps enumerated above.
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