Article 2 of the Saudi Rules on Expatriate Violators
المادة 2 من قواعد التعامل مع الوافدين من مخالفي الأنظمة
Article 2 sets who bears the cost of deporting an expatriate violator: the employer in principle, the person he was found working for, the expatriate himself, the state, or the party through which he came, the transporter or the concealer.
Official text (Arabic)
This article has not been amended since the law was issued.
1) يُرحل الوافد المخالف على حساب صاحب العمل، إلا أن يكون متغيباً عن العمل وتم الإبلاغ عنه بالوقت المحدد ؛ فيكون ترحليه على حساب من وجد يعمل لديه، وإذا كان المخالف يعمل لحسابه الخاص فيرحل على حسابه، فإن لم يستطع تأمين تذكرة السفر ؛ يرحل على حساب الدولة، وترصد المبالغ اللازمة والكافية لذلك في بند يخصص لهذا الغرض .
2) يرحل الوافد المخالف من القادمين بتأشيرات حج أو عمرة أو زيارة بأنواعها وغيرها على حساب من وجد يعمل لديه، فإن كان يعمل لحسابه الخاص فيرحل على حسابه وإن لم يكن كذلك فيرحل على حساب الشركة أو المؤسسة أو الفرد القادم عن طريقه، أو على حساب الناقل أو المتستر.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 2 explained in plain English
Article 2 answers a practical question: who pays the cost of deporting an expatriate violator? It distinguishes between two categories:
1) The expatriate violator in general (including workers):
- In principle, he is deported at the expense of the employer.
- If the worker is absent from work and the employer reported him within the set time, he is deported at the expense of the person he was found working for.
- If he works for himself, he is deported at his own expense.
- If he cannot secure a travel ticket, he is deported at the expense of the state, and the necessary sums are allocated in a dedicated item.
2) Those who came on Hajj, Umrah or visit visas (of all types) and others:
- He is deported at the expense of the person he was found working for.
- If he works for himself, at his own expense.
- Otherwise, at the expense of the company, establishment or individual through whom he came, or at the expense of the transporter or the concealer.
The text shows the importance of reporting within the set time: an employer who reports his worker's absence shifts the burden of deportation from himself to the person for whom the worker was found working. The violators who are deported are those mentioned in Article 1. To know who bears the cost in a particular case, the person concerned would do well to consult a specialist lawyer in residency laws and administrative cases.
Practical example
A worker was absent from an establishment in Jeddah, and the establishment reported this to the competent authorities within the set time. Weeks later the worker was caught working for another shop. Under this article, his deportation is at the expense of the shop he was found working for, not at the expense of the establishment that reported him.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 2 of the Saudi Rules on Expatriate Violators
Must the employer pay the deportation ticket of a runaway worker?
In principle, deportation is at the employer's expense, unless the worker is absent and was reported within the set time, in which case it is at the expense of the person he was found working for.
Who pays for the deportation of someone who overstayed after Umrah or a visit?
The person he was found working for. If he works for himself, then at his own expense; otherwise at the expense of the company, establishment or individual through whom he came, or the transporter or the concealer.
When is deportation at the state's expense?
When the violator works for himself and cannot secure a travel ticket.
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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.