I am writing this for a relative's predicament.
He was working on an unlimited contract as an engineer for a firm from 2006 to 2009. During this period he got into bank debt. When the time came for his visa renewal in 2009, he asked his ex-employer to terminate him, which was refused. So he signed two cancellation documents for the company stating he got his dues paid to him, and was awaiting his passport. However he got a call from his ex company stating that his visa cancellation was rejected because he had a case filed on him by a bank so they can't pay him his dues. This was in September 2009.No identification documents with him – the passport was with his ex employer.
So he did part time jobs for the past 3 years to survive, and our insistence he went to the consulate to check about his status last year. The consulate checked with his ex employer about the wherabouts of his passport in October 2011, and the company replied his passport was still with them. This year, through his efforts, he has managed to get an entrepreneur ready to hire him as an employee (or even as a business partner) in order to legalise his status.
The questions we have are:
1. Would there be an absconding case filed against him? (He had already completed 3 years of his unlimited contract period, but the problem came during the cancellation, and the employer said that his passport was still with them even after 2 years.) We don’t know where his passport is as of the present, his legal status and what is the status of the cases against him?
2.In case of absconding case, how to overturn it?
3.About visa ban. Would he be banned for overstay? He had already completed 3 years. His designation on his ex employer's visa had him as engineer. As from what we know, engineers and doctors etc. don’t have bans on them. In case of worker ban, can he return on investor visa? Would there be a labour ban, or more serious (Immigration ban)?
4. Regarding the bank cases. Would they cause a problem for him considering he is now unemployed, overstay but if he can get a cancellation and transfer a new employer?
5. Can he get a temporary work permit issued for him in his situation?
6. If everything is not possible, is it possible for him to return on investor visa legally?