The purpose of writing the article on the subject “Can I request Transfer of Sponsorship within 3 months?” is the series of questions which have been raised by different people on this blog. This article is specifically to those people who have their own visa and they want to transfer their sponsorship within 3 months of joining the company. We have already published a separate article for those people who want to get “Final Exit Visa within 3 months of Arrival to Saudi Arabia”. I think it is very important to know about certain rules and regulations if you want to transfer the sponsorship within 3 months of joining the company.
Some Basics of Saudi Labor Law: You must be thinking why did we use the word 3 months? Actually, as per Saudi Labor Law, the employer can set probation period of not more than 3 months for an employee. This is a critical period for both of them as either party can terminate the contract without any notice period unless otherwise specified in the contract. I think it is very important to read these two articles before going further “Probation Rules under Saudi Labor Law” and “Notice Period under Saudi Labor Law”. Now after reading these articles, you must have understood that it is your legal right to ask from the Kafeel to process the transfer of sponsorship. Well, the story does not end here. It is not as simple. We have explained it in next paragraph.
Legal Right to ask for Transfer of Sponsorship: If you want to ensure that the sponsorship is transferred to another Kafeel whenever you demand it or at the end of the contract, you should take care of some points when transferring your sponsorship to any company. By default, you don’t have any right to ask for the transfer of sponsorship except in some circumstances. We have explained those circumstances in this link “Legal Right to get Transfer the Sponsorship from Kafeel”. If you and your employer have not agreed to transfer the sponsorship in writing as stated in the article “Legal Right to Transfer the Sponsorship from Employer”, you cannot force him to transfer the sponsorship.
Asking for Final Exit: Now you will be thinking, if you don’t have any right to ask for the transfer of sponsorship from your Kafeel, what is the meaning of 3 months’ probation period which is given in the Saudi Labor Law. Actually, once your sponsorship is transferred, everything is in the hands of your Kafeel. If you are not comfortable with the job you can ask for the final exit from your employer. He is bound to process your final exit. If he is not processing your final exit, you can sue him in the court. Procedure to go to the court has been explained in this link. “Register a Case against Kafeel in Labor Court”.