Since the implementation of Nitaqat Law in June 2011, Saudi Government has taken several steps to make the working environment easy for the expatriates in Saudi Arabia. Many steps have been taken by the Saudi government to make their life easier. As you can see, today most of the government related tasks are performed online without the hassle of going to the Jawazat and other government offices. A major step taken by the Saudi Government in the recent years is to allow expatriates to transfer their sponsorship to a new sponsor in case of few instances. It has made the life a lot easier. We have already explained those instances when an employee is entitled to transfer his sponsorship without the approval of his sponsor. In this article, we will be talking about the procedure expatriates have to adopt if they want their sponsorship to be transferred without the approval of the sponsor. Recommended: Transfer of Sponsorship without Approval of Kafeel
Procedure to Transfer Sponsorship without Approval of Sponsor
First of all, you have to make sure that you are entitled to get your sponsorship transferred without the approval of your current sponsor. Recommended: Transfer of Sponsorship without Approval of Kafeel
Before starting the process, make sure you have your passport in your hands. Legally speaking, your Kafeel cannot hold your passport. For legal reference, please go through this article. “Legality of Holding Passport by Kafeel”
Next step is to search for an employer with the green nitaqat category. Searching for an employer means searching for another job. We have already published an article “Matters to Consider when Switching a Job in Saudi Arabia” which can be really helpful for you. I would strongly suggest you read this article so that you are not caught again in some problem. Recommended: Check Nitaqat Category of Kafeel
Once you have a new job offer letter in your hands, give resignation with a notice period of 15 to 60 days. According to Saudi Labor Law, notice period varies from 15 to 60 days based upon the nature of your job. For further clarification, please read this article. Recommended: Notice Period under Saudi Labor Law
Asking for a package or accepting a job offer can be dodging for you if you don’t know about the average salary of your profession in Saudi Arabia, I have published an article regarding this from which you can take a guidance about the package to ask for. “Average Salary by Profession in Saudi Arabia”
Once you have submitted resignation letter with the appropriate notice period, just ask from your employer after a week or a couple of weeks about your end of service benefits. Yes, you are entitled to end of service benefits which can only be availed if you have given resignation with proper notice period. Many expatriates do not resign from the old company and just move to a new company which is a violation of the contract and your employer may sue you in the labor office for doing this violation. You should also do some homework to calculate the “End of Service Benefits” yourself. Recommended: End of Service Benefits
Once the notice period is finished, you can ask for your benefits and release papers from the current Kafeel. Even if he does not give you release, you can still go to the new employer and surrender your Iqama and Passport to him. Once the Iqama and Passport are surrendered, rest of the activities will be performed by your new employer. It is important to mention here that employer now days welcome the employees with Red category of Kafeel since they don’t need to ask for the permission of the previous employer. Once the documents are submitted to the new employer, government relations officer of the employer will have to go to the Labor Office to prove that you qualify for the conditions to transfer sponsorship without the approval of your current sponsor. If they agree to this, that’s all. Now your sponsorship will be transferred within few days.
You can check the status of change of your sponsorship online. The procedure of checking the status of change of sponsorship is provided in this article. Recommended: Check Status of Change of Sponsorship
If the previous employer does not provide you end of service benefits, you can sue him in the court. But this decision should be dependent upon the amount of end of service benefits.
Transfer of Sponsorship under Huroob Status when Kafeel is red: In case your Kafeel has set huroob against you, you can still transfer your sponsorship to another Kafeel if he is in the `red nitaqat category.