VISA BAN LIFTING

Muscat: There is hope for expatriates as a top official from the Ministry of Manpower has clarified that they are looking at a possible change in the two-year visa ban.

“We will make it clear to the departments concerned that expatriate employees may be allowed to change their jobs if they have completed their contract without restrictions,” Said bin Naser Al Sadi, advisor to the minister of manpower, told the Times of Oman.

“If an expatriate employee completes his contract, he will be free to decide whether he wants to continue with the same employer or move to another company,” said the advisor, adding that there will be an issue only when the employee quits without honouring the contract.

Last year, the Royal Oman Police (ROP) announced that no employment visa would be issued after July 1, 2014, to any expatriate who has worked previously in the Sultanate and has not completed two years from the date of last departure.

However, those possessing a no-objection certificate (NOC) from their existing employers were allowed to return to Oman to join their new employers.

This year in June, talks aimed at changing the two-year visa ban affecting expatriates wanting to change jobs without an NOC were also held between the Oman Chamber of Commerce and Industry (OCCI), Oman's Trade Union and the Ministry of Manpower, in which some called for reducing the ban to one year.

Following the advisor's comment, when the Times of Oman contacted the ROP official, he said they would continue to follow the old rule.

“There is nothing new in the two-year ban rule, and the immigration department still insists on an NOC when an expatriate wishes to change jobs,” said the ROP official, adding that they had not received any update from any authority regarding the lifting of the ban.

“We still demand the letter from the first employer as the system does not accept any change of employer for an expatriate employee unless he provides the NOC,” said the official.

Meanwhile, an official from the OCCI said that they have to look into the advisor's proposal in detail. “We have to look into the proposal, discuss it and then devise a solution. We cannot comment on this now. The ban was put in place to stop wrong practices,” said Ahmed Al Hooti, the OCCI official.

A top official of a construction company welcomed the advisor's initiatives to lift the two-year visa ban. “Lifting the ban will ease the problems we are facing in the labour market. The paucity of skilled workers is affecting us. Skilled workers from Asian countries are not willing to come to Oman due to the visa ban and other restrictions, and the market has been affected,” said the official.


please clarify this News.

Good morning!

The in-between paragraphs made me happy but the response of the ROP regarding this news saddened me.
I am going to finish my contract this December and I don't have anymore any intention to renew my contract with my employer due to the following reasons; work ethics treatment of the employer to his employees, job decription is not followed and is given another work without pay, employees benefits like salary increase and health benefits are not provided, contract and passport are kept by the employer, treatment of the employer towards her employees as professionals is not observed with dignity and decorum. These are some of those malpractices that I am presently experiencing to my employer.
If the two year ban will not be lifted what else should I do for my almost to finish  contract since my employer does not
want to give me release at all after I pleaded for it? Will it mean that I have to renew my contract again to this what I consider a nightmare place? Or else settle to another country to work? Too many questions are flooding in my mind. Yet, taking into consideration to Oman's 2-Year Bam for Expats is a no win employee's situation but to remain to a place where injustices are present .
I would be happy if anyone can share me more information with regards to the 2-Year ban lifting.

Guys, there is a big confusion between the Ministry of Manpower's (MoM) announcement (made in yesterday's newspaper) and the Royal Oman Police's (ROP) rejoinder in the same news item.

The MoM has stated that if an expat employee completes his / her 2-year contract,then he / she is eligible to join another company.

But the ROP has said that until and unless the employee has an NOC from the last employer, then the employee will not be issued a new employment visa.

Obviously, the authorities are not on the same page and first they must decide on a common way forward instead of talking in different languages, as they are doing now.

There will be some official announcement regarding this confusion certainly in the coming days.

In today's Oman Daily Observer the clarification has been provided in the front page, with banner headline : "No change in visa rule".

For the benefit of all concerned I copy, paste the article here below :

No change in visa rule

Tuesday 06th, October 2015 / 23:11 Written by Samuel Kutty in Head stories

TWO-YEAR LIMIT: Ministry of Manpower receiving requests to reconsider decision –

Samuel Kutty –
MUSCAT –

Oct. 6: While reiterating that the two-year ban on foreign workers changing their jobs still prevails, officials from the Ministry of Manpower and Royal Oman Police (ROP) clarified to the Observer that no decision has yet been taken to lift the curbs.
“Till now no change has been effected. The restrictions are still in place,” said an official at the ministry.
An ROP official said unequivocally, “We go by what has been decided. There has not been any new communicative from the ministry in this regard”.
Referring to reports appearing in a section of the media that the ban might be lifted, the official said that the ministry has been receiving representations from few authorities and companies to reconsider the decision.
“The ministry will act at an appropriate time”, he said, adding, “when a decision is taken, it will be intimated officially”. He also clarified that what appears in the media regarding the ban are opinions. “They need not be decisions”, he added.
The ROP official said: “We only execute the orders. We are not the deciding authority as far as labour laws are concerned”. The ministry and the ROP officials also clarified that the restrictions are in place in accordance with the Expatriate Residency Law promulgated by Royal Decree 16 of 1995.
The two-year re-entry ban was imposed on July 1, 2014 to prevent foreign workers from job-hopping prior to the completion of their contracts and to prevent employers from poaching employees from competitors.
Ever since, a section of the local media and some other forums were rife with discussions urging the authorities to review the decision.
Although the law prevents labour poaching by rival corporates, several companies find it very difficult to attract employees with local experience due to this two-year ban rule.
“We have already had several candidates withdrawing from offers of employment fearing that they may have to leave Oman at the end of their two-year tenure or continue to be remain with the same company,” said a human resource manager with a leading construction company.
At the same time, the law has become a bane for hundreds of workers who are struck with same companies where they are denied of even their basic rights. It has led to increased cases of staff frustration in workplace.
“Since we cannot change the jobs, our company is making maximum use of us. Leave alone the annual salary rise, we have to work for more hours without any additional remuneration,” lamented an employee at an electrical engineering company.
The only way an expatriate is entitled to change employment in Oman is through a Non Objection Certificate (NOC) from his or her current employer.

ROP the authority to decide on visa status: MOM
Thursday 29th, October 2015 / 12:25

Avoiding a direct comment on the two-year entry ban on expatriates who wish to change switch jobs (without No Objection Certificate from their current employer) in Oman, Salim al Mushaiky, director general, directorate of employment, Ministry of Manpower, on Monday told the Observer this rule is implemented by the Directorate General of Civil Status.

He said one should refer to ROP for any clarification on this issue. Speaking at the MEED conference on Oman projects, he said the country needs expatriate workforce in some fields and the Omanisation percentage is flexibly based on the requirements of the each sector in the country. He added that any private sector firm is free to approach the ministry of manpower with their concerns.

Under the current law as stated by ROP, any expatriate who wishes to change jobs in Oman, need to either get an NOC from the current employer or he has to wait for two years in his native country. Also, the NOC is required even if the two year term is completed.

An expatriate working in the hospitality said, “I wanted to change my job, but have been stuck by this rule as the employer said he won't give the NOC.” AT the same time, Rahman, an Indian businessman, said this rule has helped me because I get someone here and they just change the sponsor in a few months. It used to be a big loss for me.”

Hello,

I left Oman in July last year, for personal reasons I couldn't come back. I breached my contract by not coming back, so I don't have a NOC or visa cancelled. My question is: can I still go to Oman? I mean on a tourist visa, or have I been banned from Oman?

Thanks.