If an expatriate meets any of the subsequent 8 conditions and his contract with the present Kafeel has been completed, he can transfer Iqama sponsorship without the Kafeel/sponsor’s permission or employer’s consent.
8 conditions to transfer Iqama without sponsor’s consent
Auto Transfer
1-If the sponsor is within the Red Nitaqat category. Recommended: Check Nitaqat category of Kafeel
2-If Kafeel doesn’t provide Iqama to the worker within 3 months of his arrival.
3-You can transfer the sponsorship after 3 days of the Iqama and labor card expiry. Recommended: Check Iqama Expiry Date
4-If you have got not been paid salaries for over 3 months under the Wage Protection System.
Court Approval
5-At the top of the utilization contract.
6-If you report an ad coverup (Tasattur) in your organization. – Arab News
7-If there has been a judgment by the court within the favor of the expat to permit him to transfer his sponsorship. – Saudi Gazette
8-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 condition no 1,2,3,4 explained above, the method to transfer the sponsorship without Kafeel’s permission is incredibly simple.
The new Kafeel will create an employee transfer request through Qiwa.
The request are going to be accepted by the Ministry of Labor on the identical day (it won’t visit 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 net procedure doesn’t determine to be in your favor, your new sponsor can visit the Labor office to finish the method of transferring the sponsorship without old Kafeel’s approval.
Iqama Transfer with the court ruling
In the case of conditions 5,6,7,8 explained above, the the transfer of sponsorship is feasible without Kafeel’s approval if there’s a court ruling in favor of the expat. so as to try to to that;
The New Kafeel will visit the labor office together with the desired documents (given below).
The Maktab Amal officer will review the court ruling together with other documents and transfer the Iqama sponsorship of the worker within 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
Iqama of the expatriate employee.
Passport copy of the expatriate employee.
The court ruling/decision.
A request letter from the new Kafeel duly attested by the chamber of commerce explaining the rationale 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 within the labor office against the employer within the following 10 conditions and acquire the Iqama sponsorship transferred to a different sponsor without current Kafeel’s consent.
Salary not purchased 3 months.
If the employer doesn’t obtain the worker from the airport upon the primary arrival.
You can transfer the sponsorship after one month of Iqama expiry.
The worker’s service is rented to a different person without his/her consent.
A threat to the worker’s health and safety.
Physical mistreatment with the domestic worker.
A fake huroob case registered by the employer.
If the employer doesn’t attend the legal proceedings of an employee case twice in a very row.
The employer has disappeared.
If the Minister thinks it’s legitimate.
