The grace period given by the Saudi government is meant for violators of the Saudization policy (nitaqat) – specifically those foreign workers who work for employers who are not their sponsors. Those who fall under this category have violated Saudi LABOR law.
On the other hand, those who have long run away from their original sponsors and no longer have valid residency permits (iqamas) or passports are a different category altogether. Theirs is an IMMIGRATION problem. The remedies available for these types of workers are different.
For workers affected by the Saudization policy, they need to be able to transfer from their original sponsors to their current employer.
On the other hand, for workers falling under the immigration problem category, they will need to be ready with their last valid iqama or residency card and valid passport or a copy of the last passport. They will need to get in touch with their original sponsors when they first arrived in Saudi Arabia who will issue them a No Objection Certificate.
As of the moment, there is no amnesty for foreign nationals illegally staying in Saudi Arabia. The Filipino community is advised to wait for official announcements from Saudi authorities and Philippine Embassy and Consulate officials on the matter.
Our Embassy, Consulate and Philippine Overseas Labor Offices in Saudi Arabia are always ready to provide appropriate advice and assistance, including repatriation.
Those who wish to come back to the Philippines can only do so after they have completed the procedure prescribed by the Saudi government, which might take some time.
Saudi authorities have to check first if these individuals have pending cases, outstanding debts or some unfinished business in the Kingdom before they are given clearance to leave.
Those working with an employer different than their original employer/sponsor should return to their original sponsor and work exclusively under the said sponsor. Those on freelance visa should desist from working until they rectify their iqama / sponsorship status.
Those with a dependent visa should stick by their visa status and not continue to work. They are not allowed to work even on part-time basis. The penalty for a dependent working is deportation of the dependent and the head of the family or expatriate, including a penalty for the employer.
The act of transferring sponsorship of workers has been in practice and is sanctioned by the Ministry of Labor. Under present decision, a worker can only transfer to other sponsor/employer after having worked with his current employer for at least two years.
The first thing that the worker should do is to secure his sponsor’s approval of his request to transfer to another sponsor/employer. The procedure then is for his prospective sponsor to write a letter expressing his interest in the worker’s service and requesting for his release. If the conditions are so acceptable to the present sponsor, he should formally consent thereto and sign the release papers. Thereafter, the prospective sponsor should present these documents with the application for transfer of sponsorship and iqama for official approval.
Unless the legal rules and procedures are followed, an employer may not allow his worker to work for others and a worker may not work for other employer. Similarly, an employer may not employ worker of other employers. An employer may not allow a worker to work for his own account and a worker may not work for his own account. (Art. 39, SLL)
Source: www.dfa.gov.ph
