Stuck in Visa Limbo: How to Handle a "No Records Found" During Background Check?

I got a job in the UAE. During the Background Verification (BGV) process, one of my previous employers mentioned 'no records found'. My visa got put on hold due to this.

I have provided the prospective company with all the relevant documents such as payslips, employment contract, relieving letter, Form 16, and salary account bank statement to prove my tenure. I also reached out to the previous employer with no response.

What should I do?

Addressing Employer Misconduct in Record Keeping

This is a very bad HR practice on the side of an employer. Now, it has become your sole responsibility to prove that you worked with that employer using the records available to you, such as payslips, PF contribution slips, appointment orders, and any increment or appreciation letters. I would also suggest that you bring that employer to light so that they will not repeat this behavior with another employee.

Seeking Assistance from Labour Authorities

If the employer refuses to provide real service records, you can contact the Labour Officer for assistance. In places like Kerala, separate provisions have been made by amending the Payment of Wages Act to protect employees from such harassment by employers. The Labour Officer in such cases can generate the service certificate and issue it to the concerned employee. Even without specific provisions under any enactment, the Labour Officer can intervene and take necessary actions.

However, it is crucial that the Labour Officer is someone who is committed to enforcing labor laws and advocating for employees, rather than someone who receives additional income from employers.

Hi Misty Sen, It's unfortunate that your visa process is on hold due to this issue with your background verification. Here are some steps you can take to address the situation:

Contact the Previous Employer Again:

Attempt to reach out to different departments such as HR, administration, or any senior personnel who might assist you. Explain the urgency and the impact on your visa process. Use multiple channels like email, phone, and even LinkedIn if needed.

Prepare a Detailed Explanation:

Provide your prospective employer with a written explanation of the situation. Include a detailed timeline of your tenure at the previous company. Highlight your efforts to contact the previous employer and their lack of response.

Gather Additional Proof:

Besides the documents you've already submitted (payslips, employment contract, relieving letter, Form 16, and salary account bank statement), consider providing: reference letters from colleagues or supervisors, any emails or correspondences during your tenure, copies of performance reviews, or any internal documents that prove your employment.

Legal or Professional Assistance:

Seek help from a legal professional who specializes in employment or immigration law. A lawyer can help draft a formal letter or provide additional strategies to verify your employment.

Alternative Verification Methods:

Suggest to your prospective employer to use an independent background verification service. Some third-party verification agencies may be able to confirm your employment through alternative means.

Communicate with the UAE Authorities:

If possible, explain the situation to the relevant visa authorities in UAE, either directly or through your prospective employer. Provide them with all the evidence and a detailed explanation of the efforts you've made to resolve the issue.

Template for Detailed Explanation Letter

[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]

[Date]

[Prospective Employer’s Name]
[Company Name]
[Company Address]
[City, State, Zip Code]

Dear [Prospective Employer’s Name],

I hope this message finds you well. I am writing to provide additional context and evidence regarding my previous employment with [Previous Employer’s Name], which has recently resulted in a "no records found" status during the background verification process.

I was employed at [Previous Employer’s Name] from [Start Date] to [End Date] in the capacity of [Your Job Title]. Despite my diligent efforts to contact the HR department and other relevant personnel at [Previous Employer’s Name], I have not received a response that could clarify this discrepancy. However, I have compiled a comprehensive set of documents that substantiate my tenure at the company:

Employment Contract: [Attached]
Payslips: [Attached]
Relieving Letter: [Attached]
Form 16: [Attached]
Salary Account Bank Statements: [Attached]
Reference Letters (if available): [Attached]

I trust that these documents will suffice in verifying my employment history. Additionally, I am more than willing to provide any further information or clarification that may be required.

I sincerely appreciate your understanding and assistance in resolving this matter. Thank you for your continued support and consideration.

Yours sincerely,
[Your Name]

Taking these steps should help clarify your situation and hopefully expedite the resolution of your visa hold. Good luck with your new job in the UAE! Thanks