Legal Clinic

I am from India. My wife has valid visa (family visa, which I sponsored) which will expire in April next year. She is pregnant right now and we are planning to get the delivery done in India and come back here. What is the procedure to get a visa for my baby. Do I have to apply for a new visa for my baby or do we bring baby to Kuwait with a passport and get the residence here as me and my wife have valid residence.

Name withheld
Answer: Please remember that no one can enter Kuwait without a valid visa … regardless of whether you get it from the Immigration Department or at Kuwait Airport.

As India is not one of those countries whose nationals are granted visas at Kuwait Airport, you have to get a visa for your baby before you enter Kuwait with the child. You will need the following documents

1. Passport copy of your baby or the copy of the passport in which the baby’s name has been endorsed

2. Civil IDs of you and your wife

3. An affidavit, attested by your embassy and Kuwait’s Ministry of Foreign Affairs in Shuwaikh confirming your relation with the person for whom you want the visa.

4. Your flat rental contract

5. Your work permit (showing you earning a salary of at least KD 250) Just attach these to an application and apply for the visa

6. Birth certificate of the baby (translated into Arabic and endorsed by your country’s Ministry of Foreign Affairs, your embassy in Kuwait and the Kuwait Foreign Ministry in Shuwaikh) Attach all the above documents to an application and submit the same to the Immigration Department in your area.

You should have no problems if you can supply the above documents

I have a question … and I hope you can help me out. My residency will be over in November 2016 and I have newborn baby whose age is less than a month. According to the new residency law, will the authorities allow me to get one year’s residency for my baby?

Name withheld
Answer: No, you will not be able to get residency for the baby for a year because the residency of the dependents is linked to the residency of the sponsor. For the time being, the child’s residency will be only up to the validity of your residency and after that you will have to renew the child’s residency once again.

I would like to hear from you because I have resigned and my other fellow workers have been terminated for some reason at the site where we worked.

We were all locally hired from this company and they gave us jobs for 8 months at a military base but our visas are for 1 year, and these will expire in August and September 2016.

I resigned because the company didn’t place me at my location or somewhere else near in my residence because they said I was the only person in that area … although the transport in-charge was living near my place.

After 5 months I had enough and quit. I was spending a lot of money on taxis and the company told me they will never pay me back for such an expense. Then I had to leave. I asked them if they would give me a release and they said “yes”. I asked them if I can transfer from a project to the private sector and they said “yes” but only if we finish 1 year which I understand was correct.

But after 3 months I couldn’t find another job so I asked them if they could transfer me to another company that they handle but they gave a straight “no”.

So my question is … How will our 3 months until now be counted? Are they still responsible for us? Are they liable for the months that we don’t find a job (especially my fellow workers who have been terminated) … because our visas will expire in August and September. What is the best thing that we can do?

Name withheld
Answer: Well, first of all the company is not responsible in getting jobs for you all and secondly it is not liable or responsible for you after the notification period of three months.

Having said that, companies usually give their employees one or two months — after the notification period — to find new jobs and transfer their residence.

You can’t get an indefinite period for this purpose nor is the company responsible in any way. So, you better work fast and get jobs because the company would be right in cancelling your visas after a certain period – normally about two to three months (maximum) after the notification period.

The company can, however, choose to wait until you all get jobs but that would be at its discretion … not your right.

In February 2010, I entered Kuwait on a farm visa. I completed 1 year on that visa. Later I got a job in a construction company which took a government project and I worked on it for 3.5 years. My work permit was transferred to that government project. My designation was draughtsman.

After completing that government project, the company terminated me. Then I joined another construction company which also was having a government project with the same kind of work. My work permit was transferred to that project. I completed 1 year and 8 months on that project (which had a year to finish) but then I got an opportunity to work with a private company.

I joined them and have worked 1 month with them but now they are saying my work permit is not transferable to a private company because my work permit is of a government project. Kindly guide me.

Name withheld
Answer: The company is absolutely right and you can’t transfer to the private sector, 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.

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 land, if the sponsor wanted in a private sector firm in this way. Having said all the above, we would again like to stress that you can’t transfer directly to any private sector firm.

I have a question regarding my driving license renewal. I was issued a license on 03/06/2015 and at that time my profession was Accountant and salary KD 492. At the time of application I was told to get a no objection certificate from the Shuwaikh Traffic Department, which I did.

I was also asked to get the signature of the Director of the Jabriya Traffic Department which I did and it was only after that I was issued the license.

Now, recently, when I went for my license renewal the officials took away my license telling me that I did not meet the salary condition even though now my current salary is KD 541. They also fined me KD 5 after few days saying it’s for late renewal.

How is this possible, because they have cancelled my license, for them to fine me KD 5.

Name withheld

Answer: We feel that the Traffic Department is wrong and it can’t impose the conditions for getting a driving license on you unless you initially got the driving license for the following designations and then changed to something else : driver, mandoub (company representative), housewife or student or you got the license illegally.

The Traffic Department is wrong because accountants are among the categories which are exempted from the salary condition.

Before we go on, we would like to first stress on the three requirements to apply for a driving license

1. Must have been on legal residence for at least two years at the time of application

2. Must be a university degree holder

3. Must be getting a salary of at least KD 600 a month.

This amount must be mentioned on the work permit. Even if you are earning more and a lesser salary is mentioned on the work permit your application will not be entertained.

The Traffic Department is wrong to take away your license because you got the license through a waiver for accountants because you did not meet the salary condition and still don’t.

As accountants are not required to meet the salary condition, that is why you were asked to get the NOCs from two departments before you were granted the license.

As such withdrawal of the license doesn’t make sense. So, it is better that you approach a senior officer of the Traffic Department with the NOCs that you got to clarify the situation and get your license.

There is no logical explanation for your license to be taken away. On the issue of you being fined for “late renewal” of the license after it was withdrawn, there is again no logical explanation. You should contact the Traffic Department on this account also.

Is there any law which allows transfer of domestic residence (Article 20) to work permits (Article 18) with the same sponsor.

Name withheld

Answer: There have been various clarifications, by the concerned officials, on this issue. But doubts still persist. The main thing about domestic workers is they “can’t change their sponsors” but they can change their residence from Article 20 (domestics) to Article 18 (work permit) if their sponsor owns a company. This means that if your sponsor has a company he can get you a work permit to work in that firm.

I have been working in Kuwait for the last 5.5 years. My profession is engineer. After working three years in the first company I had transferred to another company. Now in this company I worked 2.5 years and resigned because I have another better opportunity. I am on the notice period until the end of August.

Now I am planning to transfer to the third company. This third company is asking me to submit my work permit copy & authorized signature copy to start the procedure of transfer but as my notice period is till end of August my current company said they will give me these documents only at the start of August.

The new (third) company wants these papers to start the procedure and a confirmation that I can get transferred. But I am unable to give them these papers and in this case they may nullify the offer.

Please confirm whether is it legal for my current company not to give me these papers. What action can I take? Another question: Can I get indemnity for my 2.5 years of service?

Name withheld
Answer: Your current company is just being nasty … as it is a normal procedure/tradition for companies to start the transfer proceedings as soon as you have found a new sponsor.

Having said that, the law is, however, with your current company as it can pick it’s time (until the last day of service) to give you all the papers.

There is nothing you can do about it except try resolve the situation amicably by talking to your immediate superiors.

Try also talking to the new company because the law allows you to remain on the residence of the current sponsor during the probation period with the new sponsor.

There is no harm is staying on the current company’s sponsorship until you complete the notification period.

On the question of indemnity, you will not get anything because such an entitlement starts only once you have completed three years but in your case you have almost half a year less than the legal requirement.

I have been working with a contracting company for the last three years (hired locally, completed one government project of more than two years and now working on another government project for the last 6 months with same company).

I would like to ask you whether I will be able to transfer my residence to another company as my wouldbe sponsor mandoub says it will not be possible as I have not completed one year on the current project, whereas my current sponsor mandoub says there shall not be any difficulty as all you have to do is to pay KD 300 to Public Manpower Authority for the transfer.

Name withheld
Answer: The mandoub (company representative) of your would-be sponsor is right because there are three conditions tied to the transfer of the residence.

1. Conclusion of the project

2. Working for at least one year for the sponsor

3. Getting the sponsor’s approval for transferring.

So, you can see that neither has the project — you are working on currently — been completed nor have you completed one year on the new project … so the transfer is not possible.

This is very true, more so, because there are a lot of restrictions coming out on the issue frequently.

I am an Australian and arrived in Kuwait on 06/01/2015 on a factory visa and my job title on the work permit is “Book Keeper”.

I want to transfer my visa to a different company which is not a factory but is owned by the same owner for whom I currently work (factory).

I have been informed that the visa could not be transferred as its not allowed from a factory to a company by our company Mandoub (company representative) and have been advised to wait until the window for a such a transfer opens and have been told that it opens for few days every year.

My question is if what has been advised to me by our company mandoub is correct or not? If correct, what options do I have to change my visa from factory to company

Name withheld
Answer: What your Mandoub (company representative) says is true … well, to a point. He is right when he says that such transfers are not allowed these days by the Public Authority for Manpower.

He is, however, wrong when he says that such “windows” for transfers are opened every year. Well, such steps are taken regularly but not every year.

Such steps are taken by the government so that people can regularize their residence status plus lifting of restrictions on transfer of the residence to various sectors.

You never know when they government might announce such an amnesty — as it is called — so you will just have to wait.

I am a Pakistani and I want to bring my family to Kuwait. I am working with a consultant company and my salary is KD 640. Will I be able to bring my family to Kuwait. Do you have any idea whether the Kuwait government plans to lift ban on family visas for Pakistanis.

Name withheld
Answer: You face a real tough task because there a lot of “restrictions” on the issuance of any kind of visas for Pakistanis.

This amounts to a sort of “semi-ban” although the Kuwait government says there is no such ban … only “restrictions”.

These restrictions involve getting security clearance from the State Security after getting an NOC (No Objection Certificate) from a senior official (Assistant Undersecretary) of the Ministry of Interior.

In a few words, the security clearance is almost never granted and you will most likely not be able to get a visa for your wife.

But having said that we believe that there is no harm in submitting an application … you might be lucky.

Some one used my K-NET card for online purchases three days go. He took almost KD 800. I want to know correct procedure to get my money back. I went to the bank. They told me to go to a police station. I went to a police station where the officers told me to go to court. Kindly advise me on the correct procedure.

Name withheld
Answer: Well, you are being given the run around because neither the concerned bank nor the police want to do their work. There are three ways to approach this issue.

1. Through the bank. Every bank in Kuwait — including the Central Bank of Kuwait — has a Consumer Complaint/Protection Unit through which you can file your complaint.

2. The police. You should be able to file a fraud/theft case with the police. If the police refuses to file a case please approach the Interior Ministry.

3. The courts. If the above two don’t do their work — and you know the person who defrauded you — simply file a case against him at the Palace of Justice.

Nowadays, it is very easy to check these types of complaints as every computer has an IP (Internet Protocol) number and the computer through which the transactions have been made can easily be traced by the concerned authorities — even if the computer from which the transaction is made is outside the country.

Every computer has a separate IP address. Static IP addresses remain unchanged. Besides revealing the country and city where the computer is located, it pinpoints almost the exact location of the device through the city’s ISP (Internet Service Provider). So, go ahead and take the action required so that this individual faces the legal consequences.