Saudi Arabia has taken a significant step forward in making its labor market more accessible and efficient for businesses and foreign workers by introducing the Temporary Work Visa

. This new visa replaces the previous Work Visit Visa, offering a more streamlined and flexible approach for companies looking to bring in international talent for short-term assignments. 

The introduction of this visa aligns with the Kingdom’s broader efforts to attract skilled professionals, enhance economic growth, and support large-scale projects within Saudi Arabia.

 For businesses operating in industries such as construction, engineering, IT, healthcare, and finance, the Temporary Work Visa provides an invaluable tool for managing their workforce efficiently and meeting project deadlines without unnecessary bureaucratic hurdles.

Key Features of the Temporary Work Visa

The Temporary Work Visa introduces several major improvements that make it more appealing for businesses and workers alike. Unlike its predecessor, this visa is designed to be user-friendly and provides greater flexibility in employment arrangements. Some of the key features include:

• Validity and Duration: The visa must be used within one year of issuance and allows foreign workers to stay and work in Saudi Arabia for an initial period of up to 90 days. If additional time is required, the visa can be extended for another 90 days, giving businesses more time to complete their projects without needing to apply for a different visa.
• Multiple Entry Access: One of the most significant advantages of the Temporary Work Visa is that it is valid for multiple entries. This means that employees can travel in and out of Saudi Arabia as needed during the validity period of their visa, making it particularly beneficial for professionals who need to maintain a presence in multiple locations.
• No Supporting Documents Required: Unlike the previous Work Visit Visa, which required attested certificates and other supporting documents, the new Temporary Work Visa is issued immediately, with minimal paperwork required. This makes the process faster, reducing administrative burdens on both employers and employees.
• Ease of Extension: The visa can be extended while the holder is still in Saudi Arabia, eliminating the need for workers to exit and reapply. This simplifies logistics for both businesses and foreign professionals looking to continue their assignments without disruption.

Benefits of the Temporary Work Visa

The new visa policy offers multiple benefits that cater to the evolving needs of employers and employees:

• Simplified Application Process: The process of obtaining the Temporary Work Visa is now faster and more straightforward than before, with applications being processed immediately without the need for extensive documentation.
• Greater Flexibility in Hiring: Unlike the Work Visit Visa, which was primarily restricted to technical professionals such as engineers, the new visa can be issued to a broader range of employees, allowing companies to hire for various roles across different industries.
• Eliminates Gender Restrictions: The previous Work Visit Visa was largely issued to male employees, restricting access for female professionals. The Temporary Work Visa removes these limitations, offering equal employment opportunities regardless of gender.
• Workforce Mobility: The visa allows multinational companies to move employees between global offices, providing them the opportunity to test working in Saudi Arabia before committing to a long-term relocation. This makes it easier for companies to manage their global workforce while exploring potential expansions in the Kingdom.
• Supports Economic Growth: With Saudi Arabia undergoing rapid development and hosting some of the world’s largest infrastructure projects, the ability to bring in foreign expertise quickly and efficiently is crucial. The Temporary Work Visa facilitates this by enabling businesses to deploy skilled workers on short notice.

Legal Framework for the New Work Visa

The new work visa system in Saudi Arabia is a part of the country’s broader efforts to reform its labor market and attract foreign talent. The legal framework surrounding this visa is embedded within the broader context of Saudi Arabia’s labor and immigration laws, such as the Labor Law and the Immigration Law, and includes new regulations specific to foreign workers under the new visa system.

These regulations are designed to be more transparent, efficient, and aligned with international standards to streamline the process for foreign professionals. Legal guidelines outline the required qualifications, job offers, and health checks for workers applying for the visa, ensuring that only qualified foreign talent is admitted.

 Employers must ensure full compliance with these laws, as non-compliance can lead to penalties or loss of sponsorship privileges.

Employer Obligations Under the New Work Visa Program

Employers play a central role in the new work visa system, as they are responsible for sponsoring foreign workers and ensuring their legal compliance in the Kingdom. Saudi law requires employers to submit accurate and complete documentation when applying for the work visa, which includes submitting proof of the employee’s qualifications, valid job contracts, and evidence of sufficient financial resources to pay the worker’s salary. 

The employer must also ensure that the terms and conditions of the employment contract comply with Saudi labor laws, including working hours, rest periods, and wage payments. Failure to comply with these requirements can result in heavy fines or legal action. Additionally, employers must facilitate the employee’s visa renewal and ensure that the employee’s family, if applicable, is properly sponsored under the same legal framework.

Legal Protections for Foreign Workers

Foreign workers under the new work visa program are afforded several legal protections, which are designed to ensure their rights in the workplace are upheld. These protections include the right to fair treatment and protection against discrimination based on nationality, gender, or religion.

Saudi labor law ensures that foreign workers are entitled to the same legal rights as Saudi employees, including the right to fair wages, safe working conditions, and the ability to file complaints in cases of employer misconduct or violations of the employment contract.

If workers face any unfair treatment, they can seek legal redress through Saudi labor courts or by filing a complaint with the Ministry of Human Resources and Social Development (MHRSD). Legal mechanisms have been put in place to ensure that foreign workers can resolve disputes effectively and receive just compensation for any wrongdoing.

Immigration Compliance and Documentation

One of the most critical aspects of the new work visa is immigration compliance. Both the employer and the employee must submit complete, accurate documentation to comply with immigration requirements.

This includes submitting a valid passport, work contract, proof of professional qualifications, and proof of the employee’s health status (medical tests may be required). Employers are also responsible for submitting any necessary updates if the worker changes roles or employers during their stay in Saudi Arabia. Both workers and employers must ensure that all documents are timely and accurately submitted to the Saudi authorities.

Non-compliance with these legal documentation requirements can result in visa cancellations, fines, deportation, or blacklisting, which would affect future visa applications for both the worker and employer. Immigration violations, whether on the employer’s or employee’s side, can have severe legal consequences.

Work Visa Renewal and Legal Procedures

The legal procedure for renewing the new work visa is straightforward but must be followed carefully. Foreign workers must apply for a renewal at least 30 days before their visa expires. The employer is responsible for initiating this renewal process and ensuring that all documentation is in place.

If an employee changes jobs during the visa period, the employer must notify the Saudi authorities and submit the necessary paperwork for a visa transfer, known as a “sponsorship transfer,” which legally allows the worker to work under a new employer without the need to leave the country. 

Failure to renew or transfer the visa in time could result in legal penalties, including fines or a ban on the worker’s future employment in Saudi Arabia. There are also specific procedures for workers who intend to leave Saudi Arabia after their contract ends, requiring the proper cancellation of the work visa and the completion of exit procedures to avoid potential legal issues.

Labor Rights and Dispute Resolution

The legal protections granted to foreign workers under the new work visa system are further reinforced by the robust legal mechanisms for resolving disputes in Saudi Arabia. Labor courts in the Kingdom handle disputes related to wages, termination, working hours, and workplace safety.

Foreign workers are encouraged to file complaints with the Ministry of Human Resources and Social Development (MHRSD) or directly with labor courts if their employer violates any aspect of their rights. These disputes may involve compensation for wrongful termination, delayed or unpaid wages, workplace harassment, or violations of contractual terms. 

Saudi labor law ensures that all disputes are handled promptly and fairly, and foreign workers are encouraged to seek legal assistance when necessary. Foreign workers are also provided with a legal framework for ending contracts prematurely without fear of retaliation, provided they follow the appropriate legal procedures.

Immigration Compliance for Family Sponsorship

Under the new work visa system, foreign workers have the legal right to bring their immediate family members, including spouses and children, to Saudi Arabia. However, this process is subject to compliance with immigration laws. 

The foreign worker must submit various documents, including marriage certificates, birth certificates for children, and evidence of the family member’s health status. The worker must also prove that they have sufficient financial resources to support their family while residing in the Kingdom. 

Legal professionals must assist employers and workers in ensuring all family sponsorship paperwork is properly submitted, and any discrepancies in the documents can result in delays or denials.

Once the family members are sponsored and allowed to enter Saudi Arabia, they can also obtain residency permits, allowing them to reside in the Kingdom legally during the worker’s employment period. Legal support is also crucial for workers seeking to extend their family sponsorship if their work visa is renewed or changed.

Legal Compliance in the Recruitment Process

The legal recruitment process for foreign workers under the new visa system requires employers to follow stringent guidelines to avoid legal complications. Employers must ensure that all recruitment advertisements comply with Saudi labor law, ensuring that no discriminatory practices are involved. 

Moreover, employment contracts must be clear, comprehensive, and in line with Saudi labor regulations.

 They must outline the salary, job description, work hours, and other essential aspects of the employment relationship, which will be legally binding once signed by both parties. Failure to adhere to these legal obligations could expose employers to penalties or lawsuits from workers. Foreign workers are also encouraged to have their contracts reviewed by legal experts to ensure that the terms are fair and in line with Saudi law.

Penalties for Non-Compliance with Work Visa Regulations

Both employers and foreign workers are subject to legal penalties for non-compliance with the new work visa regulations. Employers who fail to follow the legal requirements for visa applications, renewals, or family sponsorships may face substantial fines, suspension of their ability to sponsor foreign workers, or even criminal charges if their actions are deemed fraudulent. 

Similarly, foreign workers who overstay their visas, fail to comply with immigration laws, or engage in unauthorized employment may face fines, deportation, or a ban from re-entering Saudi Arabia. 

Legal practitioners must ensure that both parties fully understand their responsibilities to avoid such penalties. It is also recommended that employers and employees work closely with legal experts to navigate the intricacies of the Saudi labor and immigration laws.

Long-Term Legal Implications of the New Work Visa System

The new work visa system is expected to have significant long-term legal implications as Saudi Arabia continues to expand its foreign labor force. As the Kingdom attracts more international talent, there may be further reforms in labor laws, including changes to workers’ rights, dispute resolution mechanisms, and visa procedures.

The growth of a diverse workforce may also influence future legal standards in areas such as taxation, social security, and employee benefits. Legal professionals will need to stay updated on these changes and advise employers on how to stay compliant with new regulations. 

Furthermore, businesses operating in Saudi Arabia will need to monitor any shifts in international labor agreements, which may impact their ability to hire and sponsor foreign workers under the new system.

Who Can Apply for the Temporary Work Visa?

Employers who wish to apply for a Temporary Work Visa must do so through the Qiwa platform, ensuring compliance with Saudi labor laws. To be eligible, employers must meet the following conditions:

• The business must have a valid Commercial Registration (CR), unless the nature of the work does not require one.
• The business must be categorized as “Existing”, meaning it is an active entity.
• The business must maintain a Nitiqat rating of medium green or higher. This rating system evaluates businesses based on their employment of Saudi nationals and compliance with labor regulations.
• The employer must be in full compliance with the Wage Protection System (WPS), ensuring timely and fair wage payments to employees.
• The employer must have an available visa issuance balance, meaning they have not exceeded the number of visas allocated to them.

How Can Batic Law Firm Assist You?

Navigating Saudi Arabia’s visa system and ensuring compliance with all legal requirements can be challenging. At Batic Law Firm, we specialize in providing legal guidance on immigration, labor law, and business compliance. Our expert team can assist with:

• Visa application processes to ensure smooth approvals.
• Regulatory compliance checks to ensure your business meets all labor requirements.
• Legal consultation on employment contracts and worker rights under Saudi law.
• Assistance with visa extensions and renewals to avoid disruptions in your workforce.

If your business is looking to bring in foreign talent under the Temporary Work Visa, let Batic Law Firm handle the legal complexities for you. Contact us today to learn how we can help your business thrive in Saudi Arabia’s evolving labor market.

FAQs About the Temporary Work Visa

1. How long does it take to obtain a Temporary Work Visa?

The visa is issued immediately once the application is submitted through Qiwa, provided all eligibility conditions are met.

2. Can an employee extend their visa without leaving Saudi Arabia?

Yes, the Temporary Work Visa can be extended for another 90 days while the employee is still in the country, eliminating the need for travel.

3. Can multiple employees be sponsored under one employer for this visa?

Yes, as long as the employer has the required visa issuance balance and meets the necessary conditions, multiple employees can be sponsored.

4. Is the Temporary Work Visa limited to specific job roles?

No, the visa can be issued for a wide range of professions, unlike the previous Work Visit Visa, which was largely restricted to technical roles.

5. Can the visa be used for permanent employment?

No, the visa is designed for short-term assignments and does not grant permanent residency or employment status.

6. What happens if an employer has expired visas

If an employer has previously issued visas that have expired without being utilized, they may be denied the ability to apply for new Temporary Work Visas until the issue is resolved.