Legal Clinic

  • Self-sponsorship

    I read an article on self-sponsorship on the following link: http:// www.arabtimesonline.com/news/ on-residence-sponsorship-wedding- halls-expats-half-too-many/. Can you please detail the full procedure on how to apply for this facility and obtain self-sponsorship? I was born in Kuwait and have been living here for over 30 years.

    Also, what are the requirements? Do the 25 years (as mentioned in the article) have to be continuous? Moreover, under self-sponsorship, can I apply for my wife and children? Can I own or do business under this category without the sponsorship of a Kuwaiti?

    Name withheld
    Answer: We answered the same question about five months ago but just in case you did not see the answer, the same is repeated below for your information and other readers. “You are talking about Article 24 of the Kuwait Residence Law which allows self-sponsorship under various conditions. Initially it was used only for expatriates with trades like tailor, barber, carpenter etc but even this was stopped many years ago. Now again talk has started to allow expatriates to sponsor themselves.

    The conditions being mentioned are that the expatriate should have spent at least 25 years (continuously) in the country, should be over 60 years, have at least KD 10,000 in the bank, should have a crime-free stay in the country and should have been owning a business for at least two years or earning at least KD 500 per month… this is in addition to having high academic qualifications.

    The expatriate who gets sponsorship under this article will be allowed to sponsor his family and also domestic servants. Having said all the above, implementation of the above article is very rare for one obvious reason — a lot of changes have been made to this article and as such this article needs to be again passed by the National Assembly if self-sponsorship is to be allowed under the above conditions.

    So, all you can do is wait for the new (reconditioned) article to be passed … until then you could try and get self-sponsorship if you are from one of the above trades”.

  • Rent not collected by Haris – Now we have received court notice

    I have been residing in a flat for the past 16 years starting Sept 5, 2000, and have been paying my rent on time. The attached rental agreement is dated 01/02/2012 and runs for five years until January 2017.

    According to the contract, I am required to pay the monthly rent by the 20th of each month, which I have paid without fail. While paying January rent on 07-1-2016, I informed the haris that I would be travelling to India from 19-1-2016 until 12-2-2016 and the haris said he would talk to the Kuwaiti landlord.

    When we returned to the country on the 12-2-2016 we contacted the haris on his cell-phone, which he had been using for a very long time, but the mobile had been switched off. He did not inform us that he had changed his number. The next day, Feb 13, we got the haris’ new number and called him … he picked up and said he will come and collect the February rent, but he did not come.

    We called him on his cell phone as well as my landline number but he did not pick the call many times and even when he answered he said he would … he, however, never came to collect the rent. He later told us to pay the February and March rent together in the month of March. But he did not come to collect the rent until March 5.

    On March 6, we received a notice from the lawyer, which was on the door asking us to vacate the flat due to non-payment of February rent.

    On receiving the notice I called the haris on his mobile and he informed us that the landlord had told him not to collect the rent. What can I do?

    Name withheld
    Answer: The only thing you can do is file a case in the Rents Court in your area, especially since the haris stopped you from paying the rent in time. A record of the calls made to the haris will help, especially if you don’t have witnesses to prove that the delay in the payment of the rent was not your fault.

    Please remember that non-payment of rent, regardless of the fact that you were out of the country, is considered a violation of your rental contract. You should have deposited the rent with the rents court by the 20th of the month if the haris did not accept it.

    As the actions of the haris and the landlord seemed to have been planned to get you out of the country, the only thing you can do is go to court.

    Please also remember that even if the landlord carries on with his threat to evict you he must give you enough time, preferably a three-month notice, to find new accommodation.

  • NOC for Pakistan visa

    On the following link (which carries an article) you have mentioned that we can try to get an NOC from the Ministry of Interior in Sharq for Pakistani Visa (http://www.arabtimesonline. com/news/visit-visasfor- pakistani-nationals/) Can you please tell me the address of this office from where I can get the NOC?

    Name withheld

    Answer: As we mentioned earlier, all types of visas are being issued to Pakistanis but these are limited in number as the procedures to obtain these have been tightened. Only those who “know their way” around the various obstacles manage to get these visas because their issuance to Pakistanis is very, very restricted. In some cases, there is a requirement to obtain an NOC from the Ministry of Interior.

    Applications in this regard are received by the Ministry of Interior in Sharq and the authority to issue these NOCs has now been delegated to an Assistant Undersecretary at the ministry. Earlier, this authority only lay with the Undersecretary, a very senior official whose ranking comes only after the minister.

    The Ministry of Interior office where you need to give your application is located next to the Awqaf Complex (on Mubarak Al Kabeer Street) in Sharq, although the gate from where you will be allowed to enter lies on totally the opposite side on Othman Bin Affan Street.

  • New visa procedure

    Firstly, we would like to say that as always you are doing a great service by explaining to us all the procedures and rules in Kuwait. I really appreciate your help in understanding the complex laws of Kuwait.

    My question to you: I am currently on a different visa and my company is planning to get me a new visa as my old visa is not transferable.

    Could you please let me know the procedure for this because I have heard that if we cancel the visa and exit the country the company cannot get a new visa until 2 years have passed.

    Name withheld
    Answer: Some people really don’t understand the laws in the country but still offer advice which more often than not is totally wrong and lands people in a totally wrong situation.

    Please understand that if you leave Kuwait legally i.e. after fulfilling all the requirements, like getting the clearance and cancelling your residence, then you can re-enter Kuwait as soon as you get a new visa.

    There are no restrictions in this case. The restrictions on re-entering Kuwait after a certain period is only for people who are deported for various reasons, left Kuwait without cancellation of their residence or those who are absconding from their employers, etc. But if you take the legal route to leave the country, you will have no problems in re-entering the country.

  • Flat rent increased but amount on contract much higher

    As an expat I appreciate your free legal advice column in the newspaper. Today I have the following question: My concern is about our flat rent. We’ve been staying in the same flat for almost 16 years now. Recently the administrator informed us that the rent will be increased from KD 270 to KD 350.

    We paid KD 350 and the landlord issued both the invoice and contract for KD 450. We believe what they are doing is wrong. Please advise what we should do? We’ve been hearing news that the building might be subject to demolition as it is the only old building in the area.

    Name withheld

    Answer: First of all, please understand that the landlord has to issue you an invoice for exactly the same amount that you are paying. Secondly, the same amount has to be mentioned in the contract.

    This is your right and you can demand that you get a correct receipt and contract. A number of landlords are reported to have resorted to this method of giving the wrong invoices so that when they raise the rent a little later they are legally covered.

    Having said that, we would like to draw your attention to the fact that the landlord has the right to raise the rent by 100 percent every five years although you can possibly get relief by seeking arbitration from the rental court if you feel the rent is too high. The landlord can also have the building vacated, through a proper eviction notice, if the building is over 25 years old and he wants to demolish it.

  • Internet contract

    I took a Net connection from one of the local companies. I signed the contract for 1 year & six months. When I took the Net connection the company took advance payment. Every month they took the payment in advance. But on 21st February my contract expired so I went to one of the company’s branches to cancel the contract. But they asking me for some extra money. But I was always paying in advance every month. I asked company representative about the extra payment they told me our system is showing the amount you have to pay. That means they are cheating the customers. Where I can complain against this matter. Please advise me… I checked the company’s website but could not find any such place or link.

    Name withheld

    Answer: We have checked the website of the company you have mentioned and find that there are two links on the site where you can file a complaint. The first thing you must do is go to “Customary Service” on that website. One place is where it is mentioned “contact us”.

    Here you have both an e-mail of the company where you can post your complaint and also some telephone numbers which you can call.

    Second on the same page, in the Customer Service, is a link where you can write suggestions and complaints. Here it clearly says that once you post your complaint you must mention your telephone number so that the company can call you back. So, please contact the company through the website as we have mentioned.

    We are sorry we can’t provide you the link directly as it is our company policy not to mention the name of both complainant or the person/ company against whom a complaint has been filed. If you check all the questions above, including yours, you will find that we have withheld all names including yours. But if you follow our instructions above, you will not have any difficulty in filing your complaint.

  • Haris asks for money

    It is very difficult to understand the current situation in Kuwait as the house rents are going higher and higher. Here a person earning a salary of KD 500 needs to spend 50 percent of his earnings on rent. And everything else needs to be adjusted within the balance (this includes grocery, schooling, credit card, other bills etc).

    On the other hand, we see the so-called watchmen (haris) of buildings asking for key money if we want to rent an apartment.

    This seems like we are bribing someone to stay in a flat which he does not even own. He is just an employee looking after the building. The haris, therefore, tends to ask for KD 200 or KD 300, depending on the space of the flat. If you aren’t able to pay, the flat is given to someone who can afford to pay. I have come across a newly built building in Jleeb Al Shouyukh behind Indian Central School, just next to the petrol pump.

    The building rent is KD 300 or KD 330 but if you need a flat you must pay the haris KD 80 beforehand so he can make a contract for you on the spot. Is this fair? How can the owners give the contract paper to haris and let him decide how to run the show. Here my question is: does the Kuwait Law allow such things to happen or it’s just a way to deal like any other issue where you pay someone to get your things done. Hope to get some positive feedback on this matter.

    Name withheld

    Answer: You will come across this situation all over Kuwait. The haris don’t see the money you pay as any kind of illegal payment. They call it hadiya (gift).

    The problem is that the Rents Law or any other law doesn’t address the issue of hadiya but this hadiya has become a demand to secure a building on rent. Some of the haris ask for KD 30 to KD 50 “only” while some unashamedly ask for huge amounts, especially in those areas where the demand for flats is high and the vacancy low.

    The only thing you can do is report the matter to the landlord, who may or may not act on your complaint. The only other way around this problem is to hire a flat through one of those companies which have offices located all over the country and don’t use the haris as front men.

  • Sending resignation while on Vacation

    I have been working in Ministry of Health Kuwait for 15 years. As per the law if I resign today, I must continue my job for the next 3 months to clear all my dues.

    My question is that in case I am on my vacation outside Kuwait and if I send my resignation to the ministry from abroad, would it be acceptable?

    And would I be able to receive all my service benefits?

    Name withheld

    Answer: There is no law in Kuwait which says that you can’t resign while you are abroad but as you are working in a ministry there is the question of the “clearance” that you have to obtain from various ministries and even your bank before the ministry processes your resignation and you are handed your dues.

    Secondly, as all ministries have separate contracts we do not know what your ministry says on the issue. Most departments require that you work the three months of the notice period so that you properly “hand over” the charge of your duties to the person who is replacing you.

    Please also beware that leave and the notice period can only be linked or overlapped if the ministry permits you to do so … otherwise you stand to lose the three months salary. So, we would advise you to come back to Kuwait and hand in your resignation and your “clearance certificate” if you do not wish to suffer financially or if you don’t want the payment of your dues to be delayed for quite a while.

    If, however, you have a valid reason — like being medically unfit — for not being able to return to Kuwait, you can send a power of attorney to a friend or relative in Kuwait so that he can pursue your case — plus get the clearance certificate for you — and things can be speeded up with a minimum financial loss (for not serving the notice period) to you.

  • Transfer of childs residence from Mother to Father

    Thanks for accommodating my inquiry. You provide great assistance to a lot of expatriates in giving free legal advises.

    Our eldest child is on my sponsorship from the beginning in 2011. My husband was unable to get it under his sponsorship because of salary issue.

    During the re-stamping of the residence visa upon renewal of the new passport in August 2014, we were instructed to transfer our child’s residence to his sponsorship upon renewing the residence visa in May 2016.

    Can you please advise the procedure and how much is the fees for one year upon the transfer of our child’s residence?

    Please note that his company has yet to renew his residence in March, 2016 and our second child is already on his sponsorship since I delivered in August 2014.

    Name withheld

    Answer: First of all, please remember that the residence of the child can only be transferred to the father if the father himself has valid residence.

    So, first the father has to renew his own residence before he can make any move for the child.

    Secondly, once the father’s residence has been renewed just go to the Immigration Department where you can ask the typists available there to just type out an application (plus a release letter from the mother’s side) to transfer the child’s residence to the father.

    There is a very nominal fees involved in the procedure and you will have to pay only KD 10 per year of residence.

  • Renewal of residence for dependents

    My residence will expire on 15th December, 2016 while that of my wife will expire on July 16, 2016 … if I renew the residence now will they renew it for 1 year. The last time I renewed the residence I repeated my fingerprints with the Criminal Evidences Department but is that certificate — which was given to me — still good or do I need to do my fingerprints again. On the other hand can I just go to the Immigration Department and just renew my wife’s residence.

    Name withheld

    Answer: You don’t need to do the fingerprints again this year as last year’s certificate is valid. All you need to do is just go to the Immigration Department and renew your wife’s residence. By the way, your wife’s residence will only be renewed for the duration of your residence and will only be valid until the date of expiry of your residence, not more than that.

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