Transfer Sponsorship Without Employer Approval in Saudi Arabia

A "transfer of services" (naql al-khadamat, still widely called a sponsorship or kafala transfer) moves an expatriate employee, together with their work permit and iqama, from one employer to another. Since the Labor Reform Initiative (the Contractual Relationship Improvement Initiative) took effect on 14 March 2021, the current employer's consent is no longer required in every case. Moving without that consent is, however, limited to specific cases set out in the Implementing Regulations of the Saudi Labor Law. This guide explains those cases for HR teams, employers and employees, based on the Labor Law, its Implementing Regulations and the Ministry of Human Resources and Social Development (HRSD) pages as of October 2026.

Key takeaways

• An expatriate worker may move to a new employer without the current employer's consent when the notarized (documented) employment contract expires, under the Implementing Regulations of the Labor Law.
• During the contract, a no-consent move requires the worker to have spent 12 months since entering Saudi Arabia and to give the current employer at least 90 days' notice unless both agree otherwise, subject to compensation under Article 77 of the Labor Law.
• A no-consent move is also possible where the work permit or iqama has expired (under Nitaqat controls), and the Regulations let the Minister or a delegate approve a move where the employer is in breach, including three consecutive months of unpaid wages and the employer missing two labor court hearings without excuse.
• The transfer runs on Qiwa: the new employer sends an electronic job offer, the worker accepts, the current employer is notified, and HRSD lists the service as free of charge.
• Once an employer files a work-interruption termination, the worker has 60 days to transfer or take final exit; otherwise the status changes to "absent from work".

What is a transfer of services without employer consent?

It is a move by a non-Saudi worker to a new employer, on the new employer's offer and the worker's acceptance, which the current employer cannot block once one of the regulatory cases applies. The default rule is still that transfers need the current employer's consent; the no-consent route is the exception.

Article 41 of the Labor Law delegates the conditions, controls and procedures for transfers of services to the Implementing Regulations. The Regulations, in the part implementing that article, cover transfers with consent, transfers without consent, and cases the Minister (or a delegate) may approve. HRSD announced the initiative on 4 November 2020 for all expatriate workers in private-sector establishments, with three services: job mobility, exit and re-entry, and final exit. Domestic workers are excluded from job mobility.

When can an employee transfer without employer approval?

The Implementing Regulations allow a no-consent transfer in the following main cases:

• Expiry of the notarized contract: the worker may move to another employer when the documented contract ends, without the current employer's approval.
• Expired work permit or iqama: a worker whose work permit or residence permit has expired may be transferred, subject to the Nitaqat program controls.
• New worker without a work permit: may be transferred without consent under Nitaqat controls. HRSD's user guide for the initiative also lists failure to issue a work permit within 90 days of entry, and the absence of a notarized contract.

The Regulations further allow the Minister or a delegate to approve a no-consent transfer where:

1. Wages are unpaid: the establishment has not paid wages due for three consecutive months, or paid them late beyond the due date of the third month. The worker must apply within one Hijri year of the third month's due date and must not have caused the delay.
2. The employer drags out a labor case: the employer or its representative misses two hearings at the same level of court without an excuse the court accepts, or the court finds the employer prolonged the case, provided the worker did not cause or contribute to the delay. A transfer may also follow a recommendation by the court during the case to avoid likely harm to the worker.
3. The employer is absent: through travel, imprisonment, death or any other reason, leaving the establishment unable to meet its obligations to workers for three months without appointing someone to manage it.
4. Spousal reunification: where one spouse holds a valid employment contract in the Kingdom, on the end of the contract or its termination by the employer, or where one spouse is Saudi.
5. Reporting commercial concealment (tasattur): where the worker reports concealment by the employer, it is proven, and the worker did not take part.
6. Any other case the Minister or delegate decides is in the public interest.

Transferring does not waive unpaid salary. See our guide on claiming unpaid wages and the final settlement.

Can an employee move during the contract, and what notice applies?

Yes. A non-Saudi worker may move during the contract without the current employer's consent if they have spent 12 months since entering the Kingdom and notify the current employer at least 90 days before the contractual relationship ends, unless both parties agree otherwise.

The Regulations expressly make this right subject to Article 77 of the Labor Law. If a worker ends a fixed-term contract early without a legitimate reason, the employer may be owed compensation equal to the wage for the remaining term, with a two-month minimum, unless the contract fixes a different amount.

According to HRSD's user guide for the initiative:

• The notice period starts when the worker accepts the job offer and the current establishment is notified.
• If less of the contract remains than the notice period, the shorter period applies.
• The current establishment can shorten the notice on Qiwa by bringing forward the contract end date.

How does the transfer work on Qiwa?

The service runs electronically on Qiwa. HRSD's service page lists it as free, with no documents required from the worker. The steps:

1. Job offer: the new establishment logs in to Qiwa and sends the worker an electronic job offer requesting the transfer. Both the establishment and the worker need Qiwa accounts.
2. Worker acceptance: the worker reviews the offer in their Qiwa account and accepts or rejects it.
3. Notice to the current employer: the current establishment receives a notification and any applicable notice period begins.
4. Checks and issue: the system checks eligibility; on approval, records are updated and a new work permit is issued.

Per the HRSD guide, the new establishment, not the worker, bears the service fees.

What does an absence (work-interruption) report mean for a transfer?

When an employer requests termination of the contractual relationship because the worker has stopped coming to work, the worker's status is recorded as "work interrupted", their record is detached from the establishment, and the current employer bears no further liability for them. The worker then has 60 days to move to another employer or take final exit.

If neither happens within the 60 days, the status changes to "absent from work" in HRSD and linked government systems.

For employers, Article 80 of the Labor Law permits termination without end-of-service award, notice or compensation where a worker is absent without a legitimate reason for more than 30 days in a contract year or more than 15 consecutive days, provided a written warning was given after 20 days of absence in the first case or 10 days in the second. A worker who believes the report is malicious can pursue the labor dispute settlement process.

Can employees get exit re-entry or final exit visas without the employer?

Yes. The initiative lets expatriate workers request an exit and re-entry visa during a valid notarized contract, and a final exit visa after the contract ends, through Absher, with the employer notified electronically.

Exit and re-entry, per the HRSD guide: requires a valid notarized contract, an iqama covering the travel period, a passport valid for at least 90 days, presence in the Kingdom, and no traffic violations. The worker bears the cost, and the employer cannot cancel a visa the worker issued.

Final exit, per the guide: requires a notarized contract, a valid iqama, a passport valid for at least 60 days, no vehicle registered in the worker's name and no unpaid traffic fines. The employer is notified 10 days before the process completes, and the visa is valid for 15 days.

The guide warns that leaving permanently during a valid contract, or failing to return after exit and re-entry to complete the contract, results in a ban on returning to work in the Kingdom. Settle the end-of-service award and other dues before departure.

How can employers protect themselves?

Employers cannot block a transfer in the regulatory cases, but they can reduce exposure:

• Notarize contracts on Qiwa and pay wages on time through the Wage Protection System; three months of unpaid wages is one of the strongest grounds for a no-consent move.
• Renew work permits and iqamas before expiry, since expiry opens the transfer route.
• Attend labor court hearings; missing two without excuse can ground a transfer.
• Draft term and compensation clauses clearly; Article 77 preserves your compensation right if a worker leaves a fixed-term contract early without a legitimate reason.
• Use non-compete and confidentiality clauses where justified; Article 83 requires them to be written and limited in time, place and type of work, with a non-compete capped at two years after the relationship ends.
• Document absences and warn in writing before any termination or work-interruption request.

Our employment law team can review contracts and internal policies and represent you in transfer-related disputes.

Frequently asked questions

Can an expat transfer sponsorship without employer approval in the first year?

Under the Implementing Regulations, a no-consent move during a running contract requires 12 months since the worker entered Saudi Arabia. During the first year the current establishment's consent is normally needed, unless a separate case applies, such as expiry of the notarized contract, an expired work permit or iqama, or three consecutive months of unpaid wages with the approval of the Minister or a delegate.

How long is the notice period for a transfer without employer consent?

The Regulations require the worker to notify the current employer at least 90 days before the contractual relationship ends, unless both parties agree otherwise. According to the HRSD guide, if less of the contract remains than that, the shorter period applies, and the current establishment may shorten the notice through Qiwa by changing the contract end date.

Can a worker with an absence report still transfer?

Yes, within 60 days of the employer's work-interruption termination request, the worker may move to another employer or take final exit. If the window passes without action, the status becomes "absent from work", which is far harder to resolve. Workers should act as soon as they learn of the report rather than waiting for the deadline.

Can the employer refuse a transfer when salaries are unpaid?

Where wages have not been paid for three consecutive months, or were paid late beyond the due date of the third month, the Regulations allow the Minister or a delegate to approve the transfer without the employer's consent. The worker must apply within one Hijri year of the third month's due date and must not have caused the delay.

Does an employee lose their dues by transferring?

A transfer does not by itself extinguish the worker's financial rights against the former employer, such as unpaid wages, leave balance and the end-of-service award depending on how the relationship ended. It is still wise to document dues and claim them early through HRSD or the labor court, and before leaving the Kingdom if taking final exit, since pursuing a claim from abroad is harder in practice.

Official sources

The information above reflects the laws and official pages as of October 2026:

• Labor Law and amendments (Articles 41, 75, 77, 80, 83), Bureau of Experts at the Council of Ministers
• Implementing Regulations of the Labor Law and annexes, HRSD
• Transfer of services from another employer (freedom of movement) service, HRSD
• User guide for the Contractual Relationship Improvement Initiative services, HRSD
• Updated controls on worker work interruption in private-sector establishments, HRSD