Visa cancellation

My brother is working in a local firm. Now he has gone on vacation and wants to come to Kuwait on another visa, probably a visit visa. He has been out of Kuwait for the last 3 months and wants to cancel his current residence. But his manager has refused to give him a release. I have come to know that as per Kuwait Labour law once a person is out of Kuwait for more than 6 months his residence is cancelled, automatically.

So what I would like to know is if the employer does not cancel his residence or holds it open even after 6 months, what can be probably done to have it cancelled? He wants to enter Kuwait after 6 months. Can he come on a visit visa after this 6-month period? Does the current employer have the right to hold my brother's residence open.

Name withheld
Answer: First of all please understand the difference between a work permit and residence.
The work permit is given by the Ministry of Social Affairs and Labour and based on this the Interior Ministry - represented by the Immigration Department - gives you residence.

So when you stay out of the country for over six months, the residence is canceled but not the work permit. And you can't enter the country.
In such a case you will be able to get a visit visa but not a work permit.
The current work permit has to be cancelled before you get a new work permit.

The Arab Times invites questions on all aspects of Kuwaiti law. If you face a problem, or need specific advice on any legal matter, from commercial and investment law to divorce and labour, send questions to the Managing Editor, Arab Times, P.O. Box 2270, 13023  Safat, Kuwait, or Fax to 24818267.

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