How to transfer Iqama without employer’s permission?

If an expat meets any of the 8 conditions, he can transfer Iqama sponsorship without the Kafeel/employer’s permission/consent.

8 conditions to transfer Iqama without sponsor’s consent

Auto Transfer

1- If an employee has worked for more than one year in Saudi Arabia and has a valid job contract in Qiwa, he can also transfer his sponsorship without the approval of the current employer. However, he will have to complete a 90-day notice period.

2- If Kafeel doesn’t issue a work permit or Iqama for the employee within 3 months of his arrival in Saudi Arabia.

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

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

4- If the employer sets a huroob, the employee can transfer within 60 days without Kafeel’s approval.

Court Approval

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

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 favor of the expat to allow him to transfer his sponsorship. –  Saudi Gazette

Transfer sponsorship without employer’s permission?

If you meet any condition out of conditions number 1,2,3,4 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 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 5,6,7,8 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 and other documents and transfer the employee’s Iqama sponsorship to 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 employee.
2. Passport copy of the employee.
3. The court ruling/decision.
4. A request letter from the new Kafeel duly attested by the chamber of commerce explaining the reason for transferring the sponsorship without the previous Kafeel’s consent.

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 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 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 of 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