Dear Attorney,

I am currently in Saudi Arabia under an employment visa, but I am planning to return to the Philippines soon. My concern is about the exit visa requirement. Do I still need to obtain an exit visa from Saudi Arabia before going back, even though my entry visa to Saudi Arabia has not yet expired? I would appreciate your guidance regarding this.

Sincerely,
Concerned OFW

Insights

In Saudi Arabia, the concept of an exit visa is a significant legal issue for expatriates, particularly overseas Filipino workers (OFWs) and other foreign nationals. This requirement is part of the regulatory framework that governs the entry and exit of foreign workers. The legal principle that comes into play here is based on the Kafala system, a labor sponsorship regime prevalent in several Gulf countries, including Saudi Arabia, that regulates the movement of foreign workers in and out of the country. This system essentially binds a worker’s legal status to their employer (referred to as a sponsor or "kafeel"), who has considerable control over the worker's ability to leave the country.

What is an Exit Visa?

An exit visa is a legal document required for foreign nationals working in Saudi Arabia who wish to leave the country, whether permanently or temporarily. In order to leave Saudi Arabia, a foreign worker needs to secure the exit visa from the Saudi government, which must be approved by their sponsor. This differs from the situation in the Philippines, where an entry visa typically suffices for someone to enter and exit the country without additional requirements while the visa is valid.

Legal Basis in Saudi Arabia

The Labor Law of Saudi Arabia requires expatriates to obtain the sponsor's consent for an exit visa before they can leave the country. This is in contrast to many other countries, where a visa is only required for entry. The exit visa is necessary for both temporary and permanent departures. Failing to secure an exit visa means the individual cannot leave Saudi Arabia legally, and this could result in legal penalties, fines, or even detention.

Types of Exit Visas:
1. Final Exit Visa (Khurooj Nihai): This is required when a foreign worker is permanently leaving Saudi Arabia and does not plan to return under the same sponsorship. Once issued, the individual must leave the country within 60 days.
2. Exit and Re-Entry Visa (Khurooj Wa Uda): This type is for expatriates who plan to exit the country temporarily and then return. The period for re-entry is specified, and failing to return within this timeframe can lead to penalties.

Philippines' Role in Repatriation

For Filipino workers, the Philippine Overseas Employment Administration (POEA) and the Philippine Embassy in Saudi Arabia often serve as intermediaries in situations where obtaining an exit visa becomes problematic. The Philippine government provides assistance to OFWs who face challenges in securing their exit visas due to issues like non-cooperation from employers, contract disputes, or unpaid wages.

Employer Consent Under the Kafala System

Under the Kafala system, a worker’s ability to obtain an exit visa is contingent upon the consent of their employer. This can present serious legal and practical issues for foreign workers if the employer refuses to provide the necessary approval. In some cases, employers may withhold consent for reasons related to ongoing employment disputes, alleged breach of contract, or to exert undue control over the worker.

For example, if an OFW wishes to return to the Philippines but their employer refuses to grant the exit visa, the worker can seek legal assistance from the Philippine Embassy, labor attaché, or other relevant Philippine authorities. Saudi labor law allows workers to escalate disputes through legal channels, although the process can be lengthy.

Penalties for Not Obtaining an Exit Visa

Attempting to leave Saudi Arabia without the appropriate exit visa can lead to several legal repercussions:

Fines: A worker can be fined for violating Saudi immigration laws.
Detention: In severe cases, foreign workers may be detained at immigration checkpoints for trying to exit the country without the necessary documentation.
Blacklisting: Individuals who leave without an exit visa or who overstay their visa can be blacklisted, meaning they will be prohibited from re-entering Saudi Arabia in the future.

Exceptions and Recent Reforms

In recent years, Saudi Arabia has introduced reforms to ease the strict requirements of the Kafala system, particularly with regard to exit visas. For instance, the 2021 labor reforms provide certain workers with the ability to apply for an exit visa without their employer’s consent in specific circumstances, such as the expiration of their employment contract or non-payment of wages. However, these reforms do not completely eliminate the requirement for an exit visa, nor do they apply universally to all workers.

The reforms aim to strike a balance between protecting workers' rights and maintaining the interests of employers. They have been widely welcomed, especially by labor rights organizations and governments that send workers to Saudi Arabia, including the Philippines. Despite these changes, the requirement for an exit visa remains in place, and navigating the system can still be complex.

Practical Steps for Filipino Workers

For Filipino workers, navigating the exit visa process requires careful coordination with both their employer and the relevant Saudi authorities. Here are the steps typically involved:

Request for Exit Visa: Workers must submit a formal request to their sponsor (employer) for an exit visa.
Approval from Employer: The employer reviews and either grants or denies the request. If the employer denies the request, the worker may have to negotiate or seek assistance from the Philippine government or Saudi labor authorities.
Submission to Authorities: Once approved, the employer submits the request to the Saudi government for processing.
Final Approval and Issuance: The Saudi authorities process the exit visa, and the worker is free to leave the country once the visa is issued.

Conclusion

In summary, while Filipino workers in Saudi Arabia may not require an exit visa under Philippine law, they are subject to the legal framework of Saudi Arabia, which mandates the acquisition of an exit visa before leaving the country. This requirement is part of the broader Kafala system and underscores the importance of employer consent in regulating workers' mobility.

Navigating the exit visa process can be complex, especially in cases where there are employment disputes or contractual issues. Filipino workers are advised to seek legal assistance and government support through the Philippine Embassy or labor attachés to ensure compliance with Saudi regulations and avoid legal complications when leaving the country.