Passport withholding or confiscation by an employer in Saudi Arabia is prohibited for non-Saudi workers. An employer should not keep an employee’s passport or refuse to return it. If this happens, the worker can request its return in writing, report the violation to MHRSD, use the labour-dispute process where necessary, or seek legal assistance.
Introduction
If your employer is holding your passport in Saudi Arabia, there are several practical steps you can take to recover it. In many cases, the first step is simply to request its return in writing and keep evidence of that request. If the employer refuses or ignores it, the matter can be escalated through the appropriate Saudi labour authorities.
Saudi Arabia’s Ministry of Human Resources and Social Development (MHRSD) expressly states that an employer may not withhold the passport, residence document or medical insurance card of a non-Saudi worker. This rule forms part of the Saudi labour framework under the Labor Law (Royal Decree No. M/51 of 1426H), as amended in 2024/2025, and its implementing regulations.
What Does Passport Withholding Mean?
Passport withholding in Saudi Arabia means an employer keeps a worker’s original passport rather than allowing the worker to retain control of it. Saudi labour rules prohibit employers from withholding the passports of non-Saudi workers, and domestic-worker regulations separately prohibit employers from retaining passports and other personal documents.
The practical issue often arises when an employer has taken possession of the passport and does not return it when the employee asks.
If that happens, the worker has several possible routes.
What Should You Do If Your Employer Withholds or Confiscates Your Passport in Saudi Arabia?
1. Ask for the Passport Back in Writing
Start with a clear written request.
An email, WhatsApp message or other written communication can simply state that you are requesting the immediate return of your original passport.
Keeping the request in writing is useful because it creates evidence showing:
- that the employer has the passport;
- that you requested its return;
- when the request was made; and
- how the employer responded.
If the passport is returned at this stage, further action may not be necessary.
If the employer refuses, ignores the request or imposes conditions for returning it, the worker can consider a formal complaint.
How Can You Report Passport Withholding in Saudi Arabia?
2. Report the Employer to MHRSD
Private-sector workers can use the MHRSD Reporting Violations of Labor Regulations service to report violations of Saudi labour rules.
The Ministry states that the service allows individuals to report private-sector labour violations electronically without having to visit the authority in person.
When submitting a report about an employer holding your passport, it can be useful to retain documents such as:
- a copy or photograph of the passport;
- your employment contract;
- your iqama details;
- messages requesting return of the passport;
- any written refusal from the employer; and
- correspondence showing when or why the passport was taken.
The exact evidence required will depend on the circumstances.
3. Start a Labour Dispute If the Employer Still Refuses
Where the passport issue forms part of a wider employment dispute, the worker may need to use the formal labour-dispute process.
For employees covered by the general Saudi labour framework, Friendly Settlement for Labor Disputes is the first stage for many employment claims. MHRSD receives the claim electronically and attempts to resolve the dispute between the worker and employer. If settlement is unsuccessful, the dispute may proceed to the competent Labor Court.
This route may be particularly relevant where passport withholding is connected with other issues, such as:
- unpaid salary;
- termination disputes;
- refusal to provide employment documents;
- pressure on the worker to accept certain conditions; or
- other alleged breaches of the employment relationship.
Can You Complain to the Saudi Human Rights Commission?
Yes. The Saudi Human Rights Commission operates a complaint and reporting service that expressly covers labour rights and other human rights matters.
Residents and workers can submit complaints together with supporting documents and details of any previous reports made to the relevant authorities.
This can provide another official channel where the circumstances go beyond an ordinary administrative employment disagreement.
If the retention of the passport is accompanied by threats, violence, forced labour, restrictions on movement or other serious conduct, the situation may require more urgent assistance from the competent Saudi authorities.
What If You Are a Domestic Worker?
Domestic workers are subject to a separate regulatory framework.
Saudi regulations expressly require domestic employers not to retain the domestic worker’s passport or personal documents.
The dispute procedure also differs from the ordinary private-sector employee route. Domestic labour disputes first go through the MHRSD amicable-settlement mechanism for domestic workers. If no settlement is reached, the matter may then proceed to the Labor Court.
A domestic worker should therefore make sure that the complaint is submitted through the procedure applicable to domestic employment rather than the general employee process.
Can Your Embassy Help If Your Employer Keeps Your Passport?
An expatriate worker may also contact their embassy or consulate, particularly where access to the passport creates an urgent consular or travel problem.
The embassy cannot replace the Saudi labour authorities or courts in an employment dispute, but consular assistance may be useful depending on the worker’s nationality and circumstances.
Workers should generally keep a digital copy of their passport, visa, iqama and employment documentation somewhere they can access independently.
When Should You Contact a Lawyer About Passport Withholding?
Some cases are resolved after a written demand or an MHRSD report. Others become part of a broader dispute between the worker and employer.
Legal representation can become particularly useful where:
- the employer repeatedly refuses to return the passport;
- the worker needs the passport urgently;
- the employer is making return of the passport conditional on signing documents or waiving rights;
- salary, termination or immigration issues are also involved;
- previous complaints have not resolved the matter; or
- the worker has already left the employer and needs representation in Saudi Arabia.
A Saudi lawyer can review the employment relationship, determine the appropriate complaint or court procedure, prepare formal correspondence and represent the worker where a valid power of attorney permits representation. MHRSD’s Friendly Settlement procedure expressly provides for authorised representatives.
Getting Your Passport Back: Choosing the Right Route
The legal position on passport withholding in Saudi Arabia is straightforward: an employer should not retain a non-Saudi employee’s passport.
What matters in practice is choosing the appropriate response. A written request may resolve the situation quickly. If it does not, MHRSD reporting procedures, labour-dispute mechanisms and, where appropriate, the Human Rights Commission provide formal routes for escalation.
Where the employer continues to refuse, the passport issue forms part of a larger employment dispute, or the worker needs representation in Saudi Arabia, AHYSP can assess the circumstances and advise on the appropriate legal procedure.
Our lawyers can assist with formal demands, MHRSD proceedings, labour disputes and representation before the competent authorities where required.
For customized legal consultation, please contact us at info@ahysp.com.
