It is the legitimate right of every expatriate living in Saudi Arabia to ask for final exit within 3 months of arrival to Saudi Arabia from the Kafeel.
I have been receiving many queries every day regarding this subject “Can I request for final exit within 3 months of arrival?” so I decided to write a separate article on it.
In the below paragraphs, I will be explaining about the scenarios an employee has to face when he asks for the final exit from the Kafeel.
Final Exit within Probation Period – New Arrival: Many expatriates from all over the world come to Saudi Arabia on a work visa and within one or two months they want to go back to home. There are several reasons for that.
Most of the people make their minds as they are going to the USA, but when they reach here their minds are dropped down to KSA. As a result, they don’t get satisfied with the job and want to leave from Saudi Arabia and go back to home.
Saudi Labor Law allows every expatriate to leave the job within three months of arrival i.e. probation period.
In an ideal situation, if an employee is not satisfied with the working conditions, the employer should process the final exit visa for him but actually, it does not happen.
If you think from the other perspective, the employer has incurred visa cost, airfare cost and sometimes Iqama issuing cost and another settlement cost for the employee. He plans to recover this cost by the term of the contract.
When an employee resigns and asks for the final exit, the employer does not process the final exit since it is a mere loss for him. Kafeel asks him to pay for the cost he has incurred upon the employee.
Normally it ranges from SR 6,000 to SR 10,000/- Although it is illegal to ask this money from the employee still Kafeels ask for it to issue the final exit visa for him. In this scenario, employee has three options;
Pay the amount required by the Kafeel and wait for the process of a final exit visa. This is the easiest way.
Go to the labor office against Kafeel. But cases in labor cases take around four months. You will be immediately terminated by the Kafeel as soon as the complaint against him is registered in labor office.
It also means that you will have to spend 3, 4 months without salary. You will have to visit the labor office several times. At the end of the day, you will be spending the almost same amount in the labor office to get a decision in your favor.
Court obviously gives a decision in your favor and you will be sent back to your country on final exit visa.
The third option is to keep your mouth closed and keep on working for the employer until the time your contract is not completed. Before completion of the contract, ask the employer to issue a final exit visa for you.
In case of absence of contract, Iqama expiry date is deemed to be the contract expiry date
However, according to Article 40 (2) of the Saudi Labor Law, the worker shall incur the costs of returning to his home country if he is unfit for work or if he wishes to return to his home country without a legitimate reason.
This cost includes the cost of processing final exit and paying for the airplane ticket.