Essential Information in Brief
According to Saudi Arabia's Labor Reform Initiative (LRI), the days of the kafeel's arbitrary decisions are over. Under five specific legal circumstances, a migrant worker can move to kafala at any approved new company directly through the government Qiwa platform, without any permission or No-Objection Certificate (NOC) from the previous employer.
The Labor Reform Law and the Legal Background of Free Kafala
Under the traditional kafala system, control over all of a worker's movement was concentrated in the hands of the employer. Under the Saudi government's Vision 2030 human resources modernization project, this discriminatory system has been fundamentally changed. The current law has ensured contract-based employment, where the worker is not held hostage to any person or establishment.
If the employer violates the labor law or the fundamental clauses of the contract, the door to free kafala automatically opens for the worker. Since this system is entirely controlled through the digital Qiwa platform, there is no need to go to any middleman or broker. To see the rules for digital contract verification, read our Qiwa Contract Accept and Reject Guide to prepare.
The 5 Conditions Under Which Kafala Can Happen Without the Kafeel's Permission
According to the gazette of the Saudi Ministry of Human Resources and Social Development (HRSD), if any one of the following conditions exists, the worker can apply for transfer without any no-objection letter:
1. Expired Iqama
If the worker's residency ID or Iqama term ends and the kafeel leaves it without renewal, the worker gains 100% legal right to get kafala at any establishment without the kafeel's permission, from the time the Iqama expires.
2. Wages Unpaid for 3 Consecutive Months
If the employer fails to pay wages through the Wage Protection System (WPS) channel for 3 consecutive months or 90 days, the worker's contract is automatically considered cancellable, and eligibility for transfer without permission is created.
3. Missing Qiwa Digital Contract
According to the Saudi government's directive, it is mandatory for the worker's contract to be registered on Qiwa. If the employer does not complete a digital contract with the worker on Qiwa, the worker can get kafala elsewhere at any time.
4. Establishment Downgraded to Red Category (Red Nitaqat)
If the employer's company falls into the Red Zone of the Ministry of Human Resources by not complying with the Saudization policy, any foreign worker of that establishment can get kafala at a Green or Platinum category establishment without notice.
5. Iqama Not Made Within 90 Days of Arrival in Saudi Arabia
If, within the first 90 days after entering Saudi Arabia with a new visa, the employer does not complete the worker's Iqama and work permit, the worker can legally obtain free kafala. To check your own status, see the Saudi Huroob Check and New Law guide.
The Practical Application Process for Changing Kafala on Qiwa
Knowing how the kafala process without permission is completed prevents any confusion:
1. Selecting an Eligible New Company and Job Offer
First, you must find a new company that is included in the Green or Platinum category of the Ministry. The new company will create a transfer request from their Qiwa Business portal using your Iqama number and date of birth.
2. Worker Logging into Qiwa and Giving Consent
As soon as the new company sends the request, an SMS will come to your mobile. Log into the Qiwa Individuals portal via Nafath, go to the 'Transfer Request' option, review the new company's offer letter and job title, and press the 'Accept' button.
3. Bypassing the Previous Kafeel for Direct Jawazat Approval
Since one of the 5 special legal conditions exists in your case, the system will not send any request for the old kafeel's approval. It will directly give Ministry approval and send the file to the Passport Directorate (Jawazat). As soon as the new company pays the government fee, kafala will be finalized. The Qiwa Labor Law Platform plays an extremely effective role in detailed legal service.
Government Fee Structure and Required Documents for Kafala Change
According to the rules of the Saudi Passport Directorate (Jawazat), the government fee for kafala change depends on how many times it is being changed. The government fee structure is presented below:
| Order of Kafala Change | Government Jawazat Fee | Responsible Party | Required Documents |
|---|---|---|---|
| First kafala change | 2,000 Saudi riyals | New employing company | Original passport, old Iqama copy |
| Second kafala change | 4,000 Saudi riyals | New employing company | Digital job contract offer |
| Third and subsequent kafala | 6,000 Saudi riyals | New employing company | Medical insurance and Qiwa file |
Common Mistakes and Legal Safeguards for Expatriates
To avoid unnecessary disputes while changing kafala, it is advisable to keep the following important advice in mind:
Never pay the kafala fee to the company from your own pocket: If any company claims that you must pay the government's 2,000 or 4,000 riyals, this is completely against labor law. The company itself is obligated to cover this expense.
Do not fear Huroob: Once a transfer request is submitted on Qiwa, the old kafeel can in no way file Huroob or an exit in the system. The Ministry automatically locks the worker's profile.
Do not forget your outstanding wage claim: Even after getting kafala at a new company, outstanding dues owed by the previous employer do not disappear. You can later recover the previous outstanding wages through the labor court.
7. Method for Verifying the Nitaqat Category and Eligibility of the New Kafeel's Company
The biggest mistake when applying for kafala transfer without the current kafeel's permission is not verifying the new kafeel's company background. According to Saudi Labor Ministry rules, the establishment under which you are going to get kafala must be included in the Platinum or High Green zone in the Nitaqat system.
If the new company is in the Medium Green, Low Green, or Red category, the Qiwa system will automatically block or cancel the kafala transfer application. So before sending the transfer request, ask the new employer for a screenshot of their Commercial Registration (CR) number and Qiwa Enterprise status, and make sure their government quota for hiring foreign workers still has room remaining.
8. Government SADAD Fee and Iqama Printing Rules After the Transfer Application Is Approved
The process is not completely finished after kafala is approved on the Qiwa portal. After this, the new kafeel must pay the government transfer fee on the Saudi Ministry of Interior's Jawazat portal.
Updated rates for the kafala transfer government fee:
First kafala (First Transfer): 2,000 Saudi riyals. Second kafala (Second Transfer): 4,000 Saudi riyals. Third and subsequent kafala (Third & Subsequent): 6,000 Saudi riyals.
As soon as the new kafeel pays this fee at Jawazat code 003 through the SADAD banking system, the old kafeel's name is erased from the Absher and Muqeem databases and the new company's name is stored. After this, the new digital Iqama card must be printed and delivered to the worker's hand at the local Jawazat office or by mail (Saudi Post - SPL).
9. Legal Rights and Protection for the Expatriate When a Labor Court Notice or Summons Arrives
When a worker applies for kafala due to the kafeel's negligence, sometimes the former kafeel, enraged, may raise a false claim or false debt accusation and apply at the police station or court. In this situation, expatriates must not be afraid in any way.
According to the protocol of the Saudi Ministry of Justice's (Najiz) digital court, every worker has the legal right to a free interpreter and government labor advisor in labor-related disputes. If the kafeel claims any financial loss, it is mandatory for him to present irrefutable bank transactions or signed vouchers. If all your salary has come through the bank and you took the transfer after completing the notice period per Qiwa's rules, the labor court always rules in favor of the worker.
10. Precautions Regarding Kafala During the New Company's Probationary Period
After kafala is successfully completed under a new kafeel, work should be conducted with extreme care for the first three months. This is because during this time the company can evaluate the worker under probationary policy if it wishes. Keep your new digital job contract saved in the Qiwa app and regularly monitor whether each month's salary is entering through the designated banking channel and Wage Protection System. This keeps your future Iqama renewal completely unobstructed.
Presenting Proof of the Wage Protection System (WPS) and Salary Not Arriving in the Bank Account
In Saudi Arabia, the strongest legal ground for kafala due to the kafeel's negligence is wages being unpaid for three consecutive months. However, many do not know how to legally present proof of this outstanding amount. The Saudi government has currently brought all establishments' salary payment under the 'Wage Protection System' (WPS). If the kafeel pays you in cash or does not send the salary to the bank, the establishment automatically falls into the red zone on the government's central portal.
When filing a complaint at the Labor Department, the worker must submit a copy of the last six months of their Saudi bank statement. If there is no salary credit from the kafeel's commercial registration in the bank statement, the labor official immediately opens the worker's file to 'free kafala' status on Qiwa without any investigation.
Remember, after new kafala, the old kafeel cannot claim any right over the worker's passport. The passport is the worker's personal property, and keeping it with oneself is a civil right under Saudi law.
Frequently Asked Questions (FAQ)
Yes, if the Iqama term expires and the kafeel leaves it without renewal, according to labor law the worker can get kafala at any legal establishment without any permission from the kafeel.
According to Saudi labor law, the government charge for kafala change must be borne entirely by the new employing establishment. Demanding this fee from the worker is legally punishable.
Subject to conditions being met, after the worker gives approval on the Qiwa portal, the new company's name is updated on the new Iqama within a maximum of 3 to 5 working days in the Jawazat system.
While the transfer request is pending on Qiwa, the previous kafeel cannot record Huroob in any way. The government server automatically blocks this kind of malicious attempt.
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