Transfer of Sponsorship (Naqal Kafala) without Permission of Kafeel

Iqama transfer without the consent of Sponsor was a dream for millions of expatriates living in Saudi Arabia. (Conditions under which sponsorship can be transferred without consent of Kafeel have been explained below). Finally, the dream has come true.

Ministry of Labor has started transferring sponsorship without consent or permission of sponsor under few conditions. Shoura is considering to give more rights to the employees by easing out the procedure to transfer sponsorship from the employers who exploit employees.

Also Read:  New regulations regarding Transfer of Sponsorship

However, according to the rule, only those employees are able to get this transfer whose contract with the current sponsor has completed and there is no clause in the contract barring them from working for a competitor for X number of years.

This is a real positive change which has brought a lot of positivity in Saudi Labor Market. Expatriates are able to go for better opportunities and employers are taking care of their employees in a better way due to competition in the market.

It should be noted that according to current rules, Iqama transfer can be made without consent and approval of the current sponsor in following 6 conditions.

1-If current Kafeel is in Red or Yellow Nitaqat Category, you don’t even need to go to the labor court. Iqama can be transferred without any problem. I have explained the procedure in this article. “Process of Transferring Sponsorship if Kafeel is Red

2-If Sponsor does not provide Iqama to the employee even after completing three months of arrival in Saudi Arabia and his visa has expired, he can take transfer of sponsorship without the consent of Kafeel. However, in this case, he will have to contact to the labor office.

3-If sponsor / Kafeel of a newcomer to Saudi Arabia is in red or yellow Nitaqat Category, sponsorship can be transferred without permission of Kafeel. However, you may have to contact labor office in this regard. (Arab News)

4-If your Iqama is expired at least one month ago and Kafeel has not renewed it. You can go to Labor office and get it transferred to the new employer even without the consent of Kafeel. (Arab News)

5-Employees of companies that fail to implement the Labor Ministry’s wage protection law would be allowed to transfer their services to other firms, without the previous employer’s permission. (Arab News)

6-If you have not been paid salaries for over 3 months, you can transfer your sponsorship to a new employer without the approval of your current sponsor. (Arab News)

It is important to mention here that in any of the 4 following conditions, transfer of sponsorship without the approval of Kafeel would not be possible.

1-If your passport has expired

2-If you have a legal exit re-entry or final exit visa

3-If you or your new employer has unpaid traffic violation fine. Recommended: Check Traffic Violation under your Iqama

4-In the `case when the Ministry of labor does not give you permission to transfer your sponsorship, you can’t change your sponsor without approval.

 
  • Jinna Basha

    Sir,
    My name is jinna basha. Recently my brother went to dammam on driver visa due to salary conflict my brother want to search from another job now his kafel not given any ekama n not sent for medical check up. So can he lòok for job somwhere without concent of current employer. Kinly rply me [email protected]

  • Mudasser Ilyas

    Salam. I hope everyone fine here.
    I’m network engineer. I have a question. I came here on free visa, but my kafil was yellow and couldn’t get iqama for 4 months. Now I got naqal qafala to another kafil.
    If I get a job in company and transfer to that company. Does that company have full right to make me haroob etc? For example company doesn’t pay me salary or not happy and even dont allow me to transfer. What I can do?

    I’m scared of transfer to any company due to this reason. But one of my friend told me that as u came with someone else’s visa and later got transfer. New company cannot make you haroob and send you for permanent exit without your consent and you can get transfer even without their consent. How far it is true?

  • Mohammed Imaduddin Ansari

    I am Mohammed Imaduddin Ansari working came to Saudi Arabia one month before working in dammam and I want to go for new kafeel I have another job at Jeddah so what’s the procedure to move from here and I got iqama also.

  • Abdullah Ali

    Hello Steve. I am Abdullah. I want to get transfer from my current employer to the other company. But my current employer doesn’t want to give me transfer. I have already finished my contract and my current employer is in platinum category. So how can I get transfer from my current employer?

  • Paul

    hi m name is Paul, my contract is finish and my employer didnt meet the salary that i want so now im asking my employer to issue a release or transfer to another kafil and he dont want to give me transfer… what should i do please send me email for solution. …. [email protected]

  • msi36

    Dear Steve, my confusion is regarding taking transfer of kafala from labor office when iqama is expired. I read in your articles that one month should complete after expiry of iqama. Before that we can’t transfer. But i have seen one person taken transfer from labor office in first week itself after his iqama expires. ..? Is it possible. ?

  • Talk to your new employer and ask him to give it a try. If it is successful, do update us.

  • msi36

    One technical issue as of now, i heard the iqama is not getting renewed as usual after the govt systems hacked. It is said iqamas will be renewed after stabling system. Can you confirm this info. .?
    But i have seen people going in vacation has successfully renewed their iqama. May be they were done on urgent basis.

  • Boshir Ahammed

    hi,
    how prosecutor kafeel transfer by housemaid,not good present family, all time pain in work,And behaving not happy.don’t contract my family and mobile phone no accept. please tell me possess

  • sohaib badshah

    I am on open visa in KSA, I am paying my kafeel 350SR monthly even though i dont have job for the last 6 months and now i want to transfer my sponsorship and my kafeel is not giving me kafala and he has no business that he could give me job. he is in green category and the company which i am giving transfer is also green. How can i transfer my sponsorship without consent of kafeel,

  • ghun

    Dear Mr. @stevejobsksa:disqus
    Sir how about this: I transferred approved already in Ministry of Labor to my new sponsor. but still not yet update my sponsorship in Ministry of interior. My old sponsor threaten me to issue exit. is this possible that he can request or issue exit visa for me?

  • Ali Khan

    Dear all
    My brother came in saudi 2 years back on kafil visa (hadad profession) and worked as hvac technician since then kafil didn’t increase salary in two years and used to send my brother on vacation in off season 3 months first year 5 months second year now my brother got a job offer but kafil not agreeing on naqal kafala saying either work with me or go back on khuruj nihai the nitaqat category of kafeel is very small green and has very small scale business 3 technicians in total I want to know what are the chances of naqal kafala in this case from labour court thanks in advance

  • Iftikhar ahmad

    MR. STEVE I WANT TO TELL ALL THE FRIENDS THAT MY KAFEEL STATUS WAS RED AND MY IQAMA WAS EXPIRE BUT THE COMPANY WITH WHICH I WAS WORKING FOR MORE THAN A YEAR THE COMPANY SEND THE NAQLA KAFALA REQUEST AND WITHIN 10 DAYS MY KAFA IS TRANSFERRED TO COMPANY.
    THIS IS VERY GOOD SYSTEM BY THE SAUDI GOV.

  • Yes, we have already written an article about it. If your kafeel is red, you MOL automatically approves the application of transfer of sponsorhsip

  • Immu Mohd

    Dear Gentelmen ,

    I’ve resigned my job in the last month thats 30,May,2017. My company aacepted my resignation, i got a new job and submitrd a demand letter & online request, but my company is unable to accept that request and say there is a problem in MoL and will resolver today by duhar Salah.
    *my iqama gets expire on 31/05/2017, can i still get trasfer after the expired iqama when MOL website is ready to use (coz req was sent before iqama expire). Or do my ex employee have to renew my iqama to transfer me to new company.
    *On the other hand can the company give me final exit on expired iqama.
    *Is there any chances to get transfered to the new company without any context from the (Green niqat) exsponser (as my iqama will be expired) whats the ruling on this if ever its possible .
    *And i hered that in this 90days campain it is possible to get transfer if iqama is not renew but not sure if the expired iqama should b atleaste cross 1month due date or just expired iqama can also b Transfered?

  • Mohammed Amjad Ali

    As per artical i read that we can take transfer in yellow and red category without permission our old company but when i make a call to call center of MOL the told me that they don’t have such information from government …..can you answer

  • Yasi Malik

    AOA SIR I transfer in a company before tranfer I have free visa butt I trferansfer in bad situation after 10 moths when I was com from Pakistan I am working in firm last 4 years butt employer does not increase my salery now I get god job and want to transfer in other company butt my kafeel is not agree in this case what can I do pls tell m solution I am worried about my carrier thanku I am waiting for reply

  • Mohammad Bilal

    If my iqama is expire, will transfer successful without the permission of sponsor

  • Asad Bhatti

    HI Mr. Steve,
    Hope you are well. My new sponsor generated request for (Naqal Kafala) at that time my old sponsor company in Green. Unfortunately my old kafeel did not accept the request. So now my old company in red and request expiry time is remain. So please let me know that is there any possibility to take naqal kafala without inform of my old company.

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