Visa transfer to new employer
I am an engineer, hired from India in March 2011. I came on a normal visit visa and after the completion of two months I was flown to Bahrain and re-entered on a normal visit visa again because the company was unaware of the fact that a normal visit visa cannot be converted to work visa. Then again after completion of two months I had to fly to Bahrain and re-entered the country on a commercial visit visa. But during that time the law relating to the conversion of commercial visit visa to work visa was suspended. So finally the company made me fly to Dubai in September 2011 and I re-entered on a work visa. But on the work permit my designation was shown as supervisor. In August 2012 when the visa was renewed the designation was changed to engineer itself. My degree certificate is attested. When can I ask for a release from the company? I had read in a previous post that for university graduates, if the company wants it can give a release after the completion of one year. But is it regardless of the designation shown in the work visa? My visa is a project visa too.
Name withheld
Answer: The one-year period is for the normal private sector labor, not the expatriates working on government projects. For such projects you must put in at least three years before you can be allowed to transfer if you are a graduate and five years if you are not a graduate. The period counts from the time your residence is stamped not from the change in designation.
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I am an engineer holding an Article 18 visa valid up to September 2013. I came to Kuwait on a commercial visit visa and transferred to the same company on September 2011.
My question: Can I transfer to a new employer or how long do I have to wait?
Name withheld
Answer: There are two things here. First it depends on whether the company gives you a release or not.
Secondly if you are a graduate and not just a diploma holder it would make a world of difference.
You need to have spent three years in the country before you can request a transfer because ‘you were hired from abroad’ but if the company gives you a release you will be allowed to do the transfer if you are a university graduate.
Sometimes, the Ministry of Social Affairs and Labor allows such transfer even if you are not a graduate —though rarely — but it is essential to get a release.