How to transfer Iqama without employer’s permission?

If an expat meets any of the following 9 conditions and his contract with the current employer has been completed, he can transfer Iqama sponsorship without the Kafeel/sponsor’s permission/consent.

9 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.

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.

Court Approval

6-At the end of the employment contract.

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

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

9-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 iqama without the sponsor’s consent

Transfer sponsorship without employer’s permission?

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

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 6,7,8,9 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;

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.

transfer of sponsorship without permission of employer

  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

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Steve has been living in Saudi Arabia since 2013 and writing about Saudi rules, regulations, guides, and procedures since then.