Legal Clinic

  • Company files closed, I am on temporary residence. Will I be able to transfer residence?

    I have been working as an engineer in a very big and reputed company in Kuwait since January 2004 on a government project visa after being recruited from abroad (India). Our company is passing through tremendous financial problems for the last few years. Due to this financial problems, I, (I mean almost all the permanent employees of this company) did not get salaries for the months of January, February, May & June 2016.

    My work permit and residency/ Civil ID also expired on 04-05-2016 and still my company has not been able to get a new work permit for a new residency. Now, my company has put a temporary residency for 3 months i.e. valid up to end of this month. I also came to know from our administration that all files have been closed by the Ministry of Social Affairs & Labor of Kuwait (Shaun Office).

    In this situation, if I get a job with a new sponsor for a private or government project, is it possible for me to get a transfer from my present company to the new sponsor during this my temporary residency period?

    Kindly, give me the proper legal advice and also provide me details of the needful procedures so that I can follow the same.

    Name withheld

    Answer: As long as the company’s files are closed you will not be able to transfer your residence to any other sponsor (forget about the transferring to the private sector because such transfers from government projects are not allowed).

    The only way out of this situation — to transfer to another government project — is to take your sponsor to court and let the court order the Ministry of Social Affairs and Labor to allow your transfer. There is no other solution.

    Last year, the Ministry of Social Affairs and Labor announced an amnesty for all expatriates whose companies had been closed and they were allowed to transfer their residencies as long as they found new sponsors but so far there is no indication whether the ministry is planning such a move again.

  • Residence for New Born, Father on temporary visa

    I have newborn baby and I’m in a difficult situation now. My current visa is temporary visa (for 1 month) because of some issue relating to my company. I don’t know when they will finish transferring my visa and getting a new visa for me.

    I went to the Births and Deaths Registration Office in my area. I have all my legal documents except a valid Civil ID. And they rejected my application for a birth certificate and told me to come back when I have a new Civil ID.

    I need your good advice on whether there is still a way to get the birth certificate for my newborn baby?

    Name withheld

    Answer: While it is likely that, for various reasons, the Births and Deaths Registration Office will not give you the birth certificate for the baby until you meet all the requirements, sometimes the same is granted when exceptions are made. You should go and see a senior officer at the same office and explain the situation to him. It is possible that he might accept your request and give you the certificate.

    You have to remember, however, that you will not be able to get residence for the baby as long as you are on temporary residence. Only after you get proper residence and a new Civil ID card will this residence by okayed for the baby.


    I brought my newborn baby girl to Kuwait from India before my visa expired i.e. May 12, 2016. But I got her civil ID number after my visa expired and my company has extended my visa for 3 months i.e. until Aug 9, 2016.

    Now in this case how much penalty will I have to pay until I get my daughter’s residence? Please also guide me whether there any way to get her Kuwait residency based on the fact that I am currently on a temporary residence, visa Article 14?

    Name withheld
    Answer: In cases like yours, when the delay in getting the residence goes beyond the 60 days set by the Ministry of Interior, the case automatically goes to court. When you go to the Immigration Department, after your residence issue is settled, to get residence for your child, you will be referred to an investigation officer in your area.

    The investigation officer will take your statement, including the fact on why the whole procedure was delayed. The case will then be referred to court and you will be told to report to a certain prosecutor who will then give you a date to appear in court.

    During the hearing, the judge almost never asks you anything and passes his verdict based on your statement to the investigation officer and the remarks of the prosecutor. So, you must make it clear in your statement that delay in getting the residence was no fault of yours.

    In most of the cases, the judge just imposes a very nominal fine — around KD 20 or 30 (a lot of times there is no fine at all) and tells you to get the residence of the child immediately.

    After paying this fine, you have to go to the Immigration Department to get the residence. There will be no further fine and you will easily get the residence on payment of the regular fees.

  • Mother sponsoring visit visa for son

    I am a regular reader of your legal clinic column which is very helpful. My son is studying out of Kuwait. Earlier, he was on a Kuwait residence visa but now he is 22 years old.

    Since there will be university vacations we want him to come to Kuwait for a visit as he was born in Kuwait.

    My husband has some issues as he has changed his job and will change his visa, but since I am also working mother can I apply for a visit visa for my son? Please advise. What will be the procedure?

    Name withheld

    Answer: Yes, you can. Moreover you will not face any difficulty in getting the same. You could be asked, although the chances are very remote, why your husband is not applying for the same…in this case just tell them the truth.

  • Baby’s residence for Parents earning below 250KD

    This is to inquire regarding the new policy of acquiring visa for babies born in Kuwait. We have a baby, born on April 2, 2016.

    We are done already with the previous steps but at the immigration level we were denied the residence due to the salary issue — my husband’s salary on the work permit is KD 230 and mine KD 175.

    I read your comments on June 2, 2016 that there’s no minimum salary requirements for children whose both parents are already in Kuwait and both are working. I want to seek legal advice on this matter.

    Several times we tried to re-apply but we are repetitively denied. My baby is more than 3 months old now.

    We’re very eager to apply for a visa for her or else she will be deported and both of me and my husband will face immigration problems. I hope you can enlighten us and help us on this matter. I’m counting on your immediate response.

    Name withheld

    Answer: The law on the issue very clearly states that in case both the parents are working the salaries are of no importance … the only exception being if either of you or both are on domestic visas.

    If that is the case then you will not be able to sponsor your baby, regardless of how much you are earning.

    If the clerks continue rejecting your application, ask to see a senior immigration officer and talk over the problem with him.

    According to our information there has been no rule change on the issue, unless something has been done on the quiet, which is very very unlikely.

  • Residence transfer from company – Company problems

    My 3-month notice period ended on May 31, 2016. From June 4 to July 16, I traveled to my country to accompany my daughter on vacations. I was back in Kuwait on July 17.

    Before I left, I was paid the remaining accrued leave (which was 32 days ) by the company. My immediate manager was aware that I would be out of the country for the period, hence the visa transfer could be made possible only when I got back.

    The secretary who replaced me in the company started to work on May 1 and I trained her for 1 month, until my last day. Her visa expires on Aug 16. Her former company tells her that they will cancel her visa if she has not transferred until end of July.

    The problem with my former company is that they do not have any more available visa slots (the maximum number of visas that can be availed by the company has been reached). Hence, my former manager wanted my visa be cancelled on July 31 to be able to give visa to the new secretary on time. He said that they will report me as “Absent” to the Ministry of Social Affairs and Labor within this week. Why absent. I have already resigned. He even suggested I transfer my visa to my husband. Unfortunately my husband is also on vacation in our country and he will be back on August 8 together with our daughter.

    My manager wants him to travel back to Kuwait as soon as possible to have my visa transferred to him. I am due to finalize and more positively sign a contract offer soon with another company. I feel harassed by my manager, though I know that they have the right to cancel my visa after 2-3 months from notice (I am not sure).

    He said that I am not cooperating and they don’t have a choice but to cancel my visa. How could he say that I am not cooperating. For my part, I have done my best to hunt for a job ever since I arrived back in Kuwait which is one week ago only. I also said that being unemployed right now does not make me comfortable either, as I have no money for expenses.

    And I also badly need my indemnity which they still have. It will be risky for me to be hired if I have an Article 22 visa, let alone if any company will ever hire me. Is this correct? I need to know my rights in this case … as well as my former company’s rights. I am pressured by my manager, but with all honesty I have done the best I could to be employed. And now I have positive hopes to be employed soon. Please enlighten me as I feel pressured now.

    Name withheld
    Answer: What you have done is wrong… and as far as the law is concerned the company is right. You have already been given enough time by your company to transfer your residence. It has already been two months since the end of your notice … and you are complaining.

    While we sympathize with your predicament, we feel that the position that you have landed in is of your own making.

    Looking for another job is not the headache of your company nor can any company offer you unlimited time to transfer your residence … we are sure that the company must have been offended because you gave priority to spending your vacations rather than tackling the issue at hand. And you are right, with the amount of restrictions in place it is very unlikely that you will get a job while you are on your husband’s sponsorship (Article 22 residence).

    The other company has also waited a long time to transfer the residence of the person who replaced you in this company (although it can’t take any action during the probation period).

    Having said all the above — although the company can’t report you as absent, it can still immediately cancel your residence — we feel the only alternative you have is to ask the company (politely) to give you some more time to transfer your residence. This is the only way out of your current situation.

  • Accountants exempted from salary and residence conditions for driving license

    Just wanted to get a clarification. I passed my driving test in May 2015 and was directed to Farwaniya Traffic Department for collection of license. I went there and got the necessary signatures and again they directed me to Capital Traffic Department to get some signatures but at this Traffic Department the officials rejected my application and refused to sign the license stating that a KD 600 salary is required for a license. At that time my salary was KD 525 with designation of accountant.

    Two days back, in the Legal Clinic, I read about a person who got license issued — in 2015 — with salary less than KD 600 by applying for No Objection Certificate (NOC). As per my understanding based, on the news articles displayed in many newspapers, it was stated accountants are only exempted only from the residency period criteria.

    Can the traffic department issue me a license … my current salary is KD 572 with the designation of accountant. If yes, do I need to reapply for a learning license and again go for the test, or will they accept my earlier documents which show I had passed driving test in 2015.

    Name withheld

    Answer: Accountants are exempted from both the salary and residence conditions but the Traffic Departments have the right to reject applications even if you meet all the requirements. You were sent to the Capital Traffic Department to get the No Objection Certificate (NOC) but for some reason your application was rejected. You should try your “luck” again.

  • Govt Project visa transfer to same sponsor

    I am working in Kuwait as coordinator on a government project visa. Since I was hired from abroad on a government visa the new rules won’t allow me to transfer to a private sector directly irrespective of the number of years I have worked in Kuwait.

    There are, however, some procedures through which there is a possibility. So, please help me with this situation.

    Recently I found out that by paying KD 350 we can transfer to the main file of the employer. Is this true?

    Name withheld

    Answer: According to the current and other decisions on the subject, you can transfer only to another government project of the same sponsor, or another government project of a different sponsor if the current project has been completed or to the general file of the current sponsor.

    We would like to add that there is a KD 300 fee for transfer from one government project, on its completion, to another government project which has a different sponsor. If you want to transfer to another government project of the same sponsor the fee will be KD 200.

    Now, here is another possibility — the one you also mentioned. You can pay KD 350 to transfer your work permit, if you are on a government project, to the main file of the same sponsor. This would mean that you could ultimately land, if the sponsor wanted, in a private sector firm in this way.

  • Single mother (divorced) sponsoring child

    I have the following question for the Legal Clinic: I am a single mother (recently divorced) and my son’s residency was sponsored by my ex-husband. My ex-husband recently left Kuwait forever. I want to know whether once the residency expires whether I will be able to sponsor my child. I am working and my work permit mentions KD 450 as my salary. I also have the authority letter for the child, from his father, attested by Indian government.

    Name withheld

    Answer: According to the Kuwait law, divorcees can sponsor their children if — besides meeting all the other requirements — they have a letter from a court in their own country which states the divorce has been finalized.

    An authority letter from the husband is of no use and will not be entertained by the immigration authorities unless it is coupled by a court order on the finalization of your divorce.

    So please get this letter from the court and have it attested by the Foreign Ministry in your country.

    After that get the same attested by your embassy in Kuwait and the Kuwait Foreign Ministry in Shuwaikh.

    Attach this document to your application, along with a copy of your rental agreement, a copy of your Civil ID card, your work permit (which shows a salary of at least KD 250), an affidavit (which has been attested by your embassy and the Kuwait Foreign Ministry in Shuwaikh), the Civil ID copy and passport of the child.

    You should have no difficulty in sponsoring your child.

  • What to do if company file is closed and employees residence is effected

    I have heard that as some big companies are not paying the salaries of their staff, the relevant ministry has started “holding” or “closing” the companies files for visa processing.

    This action ultimately affects the employees not the employer. So many employees living with their families are affected by the need to get valid residency. But with the ministry holding off on stamping visas for employees, their family have to survive without valid residency, because it is the employee who is the sponsor of his family.

    But without a valid visa, the employee is unable to get his family visa which will result in the employee having to pay a fine for the duration the family is unable to get residence.

    Can you people find a way through which the employees will not have to face such a problem because of the companies negligence or their mistakes…?

    Name withheld

    Answer: There is a very easy way around this problem … if you have the will to take such an action. Just take the company to court. This is the only way, if a company’s file is closed, to overcome this hurdle. The court will order that you be released and transferred to a new sponsor.

    More important is the fact that you won’t have to pay any fine as long as your case is in court. You can also take the company to court over the fine issue.

    It is because your company’s negligence that you might end up paying a fine, so you can sue it for the amount of the fine plus some amount for the unnecessary tension that you suffered as a result.

  • Harris is behaving badly – Water supply cut off

    I am living with my family, including small children, in a building in Abu Halifa, for the last 15 years. I am paying rent regularly in the first week of every month. During this time the rent has been increased several times and I agreed to the increase every time.

    Now, for the last about six months, the haris of my building has regularly shut off water to my apartment and very little water is coming to my apartment. I have asked him several times to open the water supply but he has refused to do so.

    Now he is saying that you can find an apartment in some other building or if you want you can go to police station and complain but I will not open water the water supply. His behavior is also very bad and he is always shouting.

    Please guide me on what should I do? Should I file a complaint and if so to which department of the government? He is also not giving me the contact number of the building owner.

    Name withheld
    Answer: Well there two simple solutions to your problem, both which help get rid of the trouble being caused by the haris.

    The first one involves you filing a complaint with the Kuwait Municipality office in your area. Every area has such an office. And the once the complaint has been filed the Municipality will take care of the rest.

    The second solution involves you filing a complaint with the rents court. Just file a complaint but ensure that you deposit the rent with the court by the 20th of each month.

    Once you do this the haris will find himself in trouble because the court will summon the landlord to get an explanation of the inconvenience being caused to a tenant.

    So, you won’t have to go looking for the landlord, he will come looking for you. Then you can explain the problem to him and to satisfy the court he will ensure you get your water supply.

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