How to transfer Iqama without employer’s permission?

If an expat meets any of the following 10 conditions, he can transfer Iqama sponsorship without the Kafeel/employer’s permission/consent.

10 conditions to transfer Iqama without sponsor’s consent

Auto Transfer

1-If Kafeel doesn’t provide Iqama to the employee within 3 months of his arrival. 

2-You can transfer the sponsorship after 3 days of the Iqama and work permit expiry.

• Check Iqama Expiry Date.
• Check Work Permit Expiry Date.

3-If you have not been paid salaries for over 3 months under the Wage Protection System.

4- The employer is in the Red Nitaqat category and has not registered at least 75% of employees’ contracts with GOSI.

5- The employer is in the Red Nitaqat category and pays salaries to less than 80% of employees through the wage protection system i.e. delaying salaries.

6- If the employer sets a huroob, the employee can transfer within 60 days.

Court Approval

7-At the end of the employment contract.

8-If you report a commercial coverup (Tasattur) in your organization. – Arab News

9-If there has been a judgment by the court in the favor of the expat to allow him to transfer his sponsorship. –  Saudi Gazette

10-Before  completing the contract if;

• • 12 months have passed since the employee’s arrival in KSA.
  • The employee provides 3 months’ notice to transfer his job.
  • The contract is terminated under Article 77.

Transfer sponsorship without employer’s permission?

If you meet any condition out of conditions number 1,2,3,4,5,6 explained above, the process to transfer the sponsorship without Kafeel’s permission is very simple.

• The new Kafeel will create an employee transfer request through Qiwa.
• The request will be accepted by the Ministry of Labor on the same day (it will not go to the old Kafeel for acceptance).
• You can check the Iqama transfer status on the MOL.
• After the request is accepted in MOL, pay the Iqama sponsorship transfer fee.
• Check the Iqama transfer status in Absher.
• Once the new employer appears in Absher, visit any Jawazat center to print your Iqama.

In case the online procedure does not work out to be in your favor, your new sponsor can visit the Labor office to complete the process of transferring the sponsorship without old Kafeel’s approval.

Iqama Transfer with the court ruling

In the case of conditions 7,8,9,10 explained above, the transfer of sponsorship is possible without Kafeel’s approval if there is a court ruling in favor of the expat. In order to do that;

• The New Kafeel will visit the labor office along with the required documents (given below).
• The Maktab Amal officer will review the court ruling along with other documents and transfer the Iqama sponsorship of the employee in the MOL system.
• You can check the Iqama transfer status on the MOL.
• Pay the Iqama sponsorship transfer fee.
• Check the Iqama transfer status in Absher.
• Visit any Jawazat center to print your Iqama.

Required Documents

1. Iqama of the expatriate employee.
2. Passport copy of the expatriate employee.
3. The court ruling/decision.
4. A request letter from the new Kafeel duly attested by the chamber of commerce explaining the reason to transfer the sponsorship without the consent of the previous Kafeel.

Iqama Transfer of domestic workers without Kafeel

A domestic worker can file a case in the labor office against the employer in the following 11 conditions and get the Iqama sponsorship transferred to another sponsor without current Kafeel’s permission.

1. Salary not paid for 3 months.
2. If the employer does not pick up the worker from the airport upon the first arrival.
3. Iqama has expired one month ago.
4. The worker’s service is rented to another person without his/her consent.
5. A threat to the worker’s health and safety.
6. Physical mistreatment with the domestic worker.
7. A fake huroob case registered by the employer.
8. If the employer does not attend the legal proceedings of an employee case two times in a row.
9. The employer has disappeared.
10. The employer has terminated the contract within the probation period.
11. If the Minister thinks it is legitimate.
12. Source: Saudi Gazette