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Clearing of Debt - Want to come back on new visa

I am from Nepal. I read your article about “Leaving Kuwait — know your legal obligations!”. I am really very impressed with your column as it is very helpful for anyone who faces any legal issue in Kuwait.

I worked in Kuwait from 2004 to 2012 with various companies on good salaries but in an emergency I left Kuwait — on the very day, June 1, 2012, after I got a call from my home. But I left behind many pending credits — I had still to clear an amount of over KD 1,200 with various banks, telephone firms and some companies. I tried come back to Kuwait within six month but failed and then after six months my visa expired and so did the passport.

On checking the website of Kuwait immigration I found that I have incurred a fine of KD 600 because of non-renewal of the residence. I need your advice because — with the new passport — I am trying get a new visa to Kuwait. I will carry all money that I have to pay but the problem is that I still don’t know how much fine they have on my head and in which court I have a case registered against me.

If I reach Kuwait somehow, on the new passport and visa — how can I clear my all my dues — at the airport — or will police arrest me. Really I am very worried and afraid.

Name withheld
Answer:
You have landed yourself in a real problem on several accounts and it is going to take a lot of effort to get back to Kuwait because it is possible that by now some of the companies — to whom you owe money — may have gone to court against you.

First things first, which means first clearing your debts. For this you need to give a power of attorney to some friend of yours in Kuwait. He may also need the help of a lawyer if cases against you have been filed. This friend can go around to the companies/banks to whom you owe money and make the required payments. He should get clearance letters from them and also ask them to drop any cases that they might have filed.

These companies also need to have your name pulled from the Exit Control List if they had taken any action to have your name put on it earlier. Once this has been done, you need to have your current work permit cancelled by the Ministry of Social Affairs and Labor.

This has to be done by the company which got you the permit in the first place. You will not have to pay the KD 600 fine for expiry of residence because you need only to pay this if you are in the country and are renewing your residence once it expires.

It doesn’t matter if your residence has expired, your current work permit has to be cancelled before the Ministry of Social Affairs and Labor even entertains an application for a new work permit. If no case has been filed against you, then all you need to do is cancel the current work permit and get a new one to enter the country but you should then also hope your name is not on the Exit Control List by the time you return to Kuwait.

Because you will then be detained at Kuwait Airport until all the cases are settled … and if by any chance you are convicted in any of the cases you will be deported and not allowed to re-enter Kuwait.

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