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We often hear that an employee with transferable Iqama has the right to transfer his sponsorship. What is a transferable Iqama, and how can we check it?
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What is transferable Iqama?
A transferable Iqama means that the resident can change his job without leaving Saudi Arabia by transferring sponsorship. As per the new rules, an employee’s iqama becomes transferable in the following cases;
After One Year
After spending one year in Saudi Arabia, an employee can transfer Iqama sponsorship without the approval of the employer.
Within One Year
If you want to transfer within the first year of arrival in Saudi Arabia, the current employer’s approval is required. If the employer is unwilling to do so, your Iqama is not transferable.
Missing Documentation
If an employer is unable to issue a work permit for an employee within 90 days of arrival in Saudi Arabia, the employee can transfer his sponsorship without the employer’s approval even within the first year.
Expired Documents
If the Iqama or work permit has expired, the employee can transfer without the approval of the current employer.
Check if Iqama is transferable or not.
To keep it simple, almost all Iqamas are transferrable if your employer is willing to transfer your sponsorship.
Some companies and organizations do not prefer to release their employees who want to change jobs. However, the Ministry of Labor has taken this power from them. Now they cannot stop an employee from leaving the company if he has spent more than one year in Saudi Arabia.
Does it lead to legal complications?
It is important to note that having a transferable Iqama does not mean that you are immune from contract violations.
If you leave an employee without completing your contract, the employer cannot stop you in the Qiwa system, but he is entitled to apply Article 77 as per Saudi Labor Law.
If your contract prohibits you from working for a competitor for a certain period of time and you violate this clause, the employer can sue you in labor court.
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