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Beware! Even a day's visa overstay may lead to deportation
Published in The Saudi Gazette on 31 - 08 - 2008

David G. Aguilar, a material specialist of a construction and engineering company that has contract with Saudi Aramco, his wife, and daughter were ordered to be deported by the Department of Immigration after the 25-year old daughter, who came to Saudi Arabia on a visit visa, overstayed for two days after her visit visa expired.
Under the rules applied on violators of visit visa, a fine of SR10,000 is slapped on the sponsor of the visitor, as well as deportation of the visitor, the sponsor and immediate members of his family.
“Although I paid the SR10,000 fine, after much difficulty in raising this amount, my wife and I were ordered for deportation, which, to me, is rather harsh punishment,” said David.
David said he brought his case to the attention of higher authorities.
“I went to the extent of seeking even the help and intervention of the highest officials, who supported me and were sympathetic.
But it was the Human Rights Commission that really helped me and made representation on my behalf at the Ministry of Interior, the police department, and the Office of the Governor in Eastern Province.”
“After I was declared AWOL (absent without leave) by my company while working for the resolution of my problem, it was the Human Rights Commission that represented me in securing the understanding of my company,” David said.
In another case, Khyle Myles Pasamonte, a one-year and six-month -old girl, was ordered deported after the Department of Immigration declared that she was overstaying.
Michael M. Pasamonte and Elsie Tabios Pasamonte, who were both employed in Saudi Arabia, got married in the Philippines and returned back to the Kingdom to resume their respective jobs. Khyle was subsequently born in Saudi Arabia.
After the employment contract of Michael ended, he went back to the Philippines taking with him little Kyle and leaving behind the mother. The father subsequently returned back to the Kingdom under a new employer, but leaving behind Khyle in the Philippines.
“Because we really wanted to be together as a family, even for a short period, I went home to the Philippines to take Khyle back to the Kingdom on a visit visa,” said Elsie, who works for private hospital in Al Khobar.
Elsie said their woes and problems came when the Ministry of Immigration wrote the company of her husband informing the management that the visit visa of Khyle has expired for already six days and therefore she and Michael, the father, will be deported and fined SR.10,000.
“We were aware that the visa was a visit only, but made the mistake in reading the Arabic date thinking it was Gregorian.
The visit visa expired only for six days,” Elsie explained.
“The company of my husband supported us, while making appeals for help to many people until we were told that somebody in the Human Rights Commission is providing help and support for foreigners having problems,” Elsie said.
The Human Rights Commission official in Dammam who was responsible in helping the two Filipino families was Sheikh Mekhleft Bin Daham Al-Shammary, a human rights activist, social reformer and writer.
He said he is now establishing a national organization whose aim is to protect the rights of legal residents in Saudi Arabia.
“The goal of this organization is to propagate respect for the culture of guest residents and providing them at the same time with the necessary legal support,” Sheikh Shammary told Saudi Gazette.
“Instead of spending millions of Riyal promoting the Kingdom overseas in the face of negative publicity against Saudi Arabia, it is best that we start right here in our country – Saudi Arabia – in showing the world that we indeed respect the rights of foreign workers and their families,” he added.
He said the cases of David and Khyle, the little girl, are examples of unfair treatment and lack of understanding of people's culture.
“When I see something is wrong in the way residents and citizens are treated, I will challenge those concerned in order to straighten the wrong and promote the human dignity of those affected,” he stressed.
Sheikh Shammary said that he is hoping the Human Rights Commission will start promoting clearer understanding between citizens and residents; respecting the culture, customs and religions in order to create harmony.
He said “it is likewise important to coordinate with Saudi employment offices on issues of employment, educating residents of their rights under the law, disseminating a culture of respect among citizens for the customs and culture of resident, and putting an end to the negative features of the sponsorship system.”
Sheikh Shammary took great time in aiding and supporting David and Khyle in securing the reversal of their deportation and their family. He made representation and appeared at offices of the Department of Immigration, the police and the Governorate in Eastern Province.
David will soon be resuming his job, while little Kyle is now attached to the Iqama of father, Michael. The SR.10,000 fine imposed on her was also pardoned by the Department of Immigration.
“Our government does recognize where to apply the visit visa rule. There are foreign nationals who abuse the visit visa to the point that they generate social problems.
There are other nationals who are deserving and decent who need to be accorded understanding. This is where the Human Rights Commission steps in,” Sheikh Shammary said. __


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