Legal Clinic

With reference to the subject article published in your newspaper https://www.arabtimesonline.com/news/now-expats-can-transfer-visit-visa-to-work-visa/
I would like to seek your humble and earnest guidance to my query. We are married Indian couple. My wife is currently working in Kuwait as an Engineer and holding a Work Visa (Article 18). So as per the new rules mentioned in Article 24, 25, 28 & 30; can my wife sponsor me a Family Visa so that I can convert it to a Work Visa (Article 18)? Or is it advisable to have her sponsor for me a normal residence to convert it into a Work Visa (Article 18)? Please guide as I am looking to join my wife and also work in Kuwait.

Name withheld

Answer: Sponsorship through family visa also known as Visa 22 is limited to the head of the family i.e., the husband. Except in a few instances and in cases bordering on compassion, women are not clothed with power of sponsorship. The new/amended visa regulations issued recently did not seek to change the status as regard woman and family visa sponsorship. In short you can invite your husband for visit but he can’t on the basis of that invitation seek to convert his visit visa to work visa.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I am an Indian and came to Kuwait on visit visa. According to new rules I want to convert it into dependent visa as my husband is working here. Whom should I approach for the process to start. My visit visa is valid till Dec 11. Waiting for your reply.

Name withheld

Answer: Visit the Immigration Department where your visa was issued with your husband and there you will be taken through the processes to go through to effect the conversion. Before going to the Immigration Department you need to arm yourself with the following:

1. Copy of you visit visa

2. Copy of your passport

3. Marriage certificate (attested by the Foreign Ministry of your country), your embassy in Kuwait and the Kuwait Foreign Ministry annexe in Shuwaikh)

4. Your husband’s work permit (showing salary of KD 500 or more)

5. Copy of your husband’s Civil ID.

It is important to note that the officials at the Immigration Department are the final arbiters and they can decide to either accept or reject your application even though you satisfy all the requirements.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I am a technician in KNPC. I have a diploma in engineering. I came to Kuwait in August, 2018. Can I apply for driving licence? I saw a news that technicians working in oil field are exempted from criteria of 2 years residency and graduate recruitment.

Name withheld

Answer: As per a Ministerial Decree No. 5598/2014, issued on Nov. 25, 2014, non-Kuwaiti applicants are eligible for private or public driving licence provided they have legally stayed in the country for at least two years, receive a monthly salary of not less than KD 600 and have a university degree.

Resolution No. 3 of the decree however specified the categories excluded from meeting some of the conditions based on their social and their functional circumstances.

According to the resolution the first category excluded from the conditions of two-year residence, salary and university degree covers over a dozen segments.

These include non- Kuwaiti women married to Kuwaiti men including widows and divorcees provided they have children, non-Kuwaiti men married to Kuwaiti women and have children.

Bedouns with valid security cards, students provided they are registered at any of the country’s universities or applied education institutes, members of the diplomatic corps, professionals in sports federations, clubs and government sectors, drivers and company representatives who hold valid legal driving licences issued by their countries or any other country, domestic workers who have been working for a period of not less than five consecutive years in a similar capacity provided they change their profession to driver, technicians working in the oil field, pilots and sea captains and their assistants, mortuary attendants, nursing staff, physiotherapists and medical technicians, housewives as well as sons and spouses of judges, counselors, prosecutors and experts, faculty members of universities and institutions, doctors, pharmacists and general managers and their assistants.

From the exhaustive list provided on exemptions, it is clear that as a technician working in an oil field, you are exempted from meeting all the requirements mentioned earlier.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I am working in KNPC, having salary of KD 1,050. My mother and father have US tourist visa for 10 years. I want them to visit Kuwait next month. So do I need to apply for family visit visa for my parents or On Arrival Visa will be given to them because they have valid USA tourist visa of 10 years? Looking forward for positive response soon.

Name withheld

Answer: The On Arrival Visa is given to citizens who hold valid passports of the countries that qualify for such a visa. Your parents holding 10-year tourist visas do not make them US citizens and hence they can’t be issued with visas on arrival in Kuwait. For them to visit Kuwait, you have to apply for visas for them here before they take off from wherever they are.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I’m a non-Muslim working woman, working for the same company for 28 years. My husband passed away while I was on my annual leave. In the Labor Law, article 77 it is mentioned the “The non-Muslim working woman, whose husband has died shall be entitled to a paid leave of 21 days”. Can you please advise me if I’m entitled for such leave.

Name withheld

Answer: You quoted the labor law correctly and as a non- Muslim working woman you are entitled to 21 days paid leave which should be distinct from your annual leave just as maternity leave is distinct from the annual leave. You can therefore apply for the 21 days after exhausting your annual leave and returning to Kuwait

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I came to Kuwait on Farm visa (Mazra) and my current employer asked me to leave the country as they were ready to bring me on their shoon visa from my country. I also brought my wife on family visa few months ago. I have worked for more than 3 years with my current employer.

2 years on the visa I was brought and one year on shoon visa of different company but under same kafil/ sponsor. I am getting better opportunity now but my kafil is not allowing me to leave the company even after several request attempts as they brought me from my home country on their visa. He gave me two options either I continue to work with him or finish my visa and leave. My question to you is what is advisable for me in this case.

1. Can I get my visa transferred to another company by any means?
2. Does my wife’s visa stay valid if I finish my current visa, exit the country and come back on new visa?.

Name withheld

Answer: Legally you have worked only one year for the sponsor as you cancelled the ealier farm visa and came back on a shoon visa as you indicated. Under the shoon visa you have worked for only one year and still have two more years to complete before you can ask for release.
Till then, your hands are tied and you can’t do anything as regard being released except with the acquiescence of the current sponsor.
With regard to your second question, please note that your wife’s visa is tied to your’s. This means that your visa status will affect your wife’s visa status as well. In short your wife’s visa cannot stay valid if you cancel yours and exit the country.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I would like to inquire about the compassionate leave an employee is entitled to get in the event of death of a close relative. I work for a private company and my company refused for any compassionate leaves, instead they deducted the leaves from annual leave when I took leave to mourn for my maternal grandmother’s death. Please let me know as per Kuwait’s labour law, how many days of paid compassionate leave can be taken.

Name withheld

Answer: Article 77 of the Kuwait Labour Law deals with compassionate leave and it states as follows: ‘In the event of a first and second degree relative’s death, the worker shall be entitled to a three-day fully paid leave.

The Muslim working woman whose husband has died shall be entitled to a fully paid iddat leave for four months and ten days from the date of death.

During this leave the working woman shall not be entitled to work for another employer.

The non-Muslim working woman whose husband has died shall be entitled to a paid leave of 21 days.

It is clear from the above quoted article that you were entitled for a three-day paid leave to mourn your grandmother.

The company would have broken the law if you took the permitted number of days and the company still went ahead to deduct those number of days from your annual leave.

If on the other hand you spent more than three days, then the company acted within the law if they deducted the extra days spent from your annual leave.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I would like to inquire about family visit visa for Bangladeshi. Is there still a ban for Bangladeshis family visit visa? or it is open if I meet the requirement and conditions for family visit visa. I have a valid Kuwait residency and my salary is KD 911/- in work permit. I would highly appreciate it for your kind legal advice.

Name withheld

Answer: The truth of the matter is that Kuwaiti visas (any type) for Bangladeshis and nationals of five other countries are not banned but have some restrictions put on them and this requires applicants to have their applications vetted by the Ministry of the Interior before approval or rejection.

In a nutshell the status quo remains with regard to the issuance of visas to Bangladeshi nationals. The mantra has been and remains: No ban but restrictions on the issuance of visas to Bangladeshis. With this explanation, you can go ahead and put in your application for a family visit visa but be prepared to go through the process of MoI vetting and approval.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I am 21 years old and although I was not born here, my parents raised me in Kuwait since I was one year old. I am going to transfer my 22 family visa to 18 Shoon visa. I know there are categories in 18 visa, I just don’t know what they are. Can you please tell me what I should look for in order to get the regular work visa? I am getting it transferred through someone else and not through a company. I just want the regular 18 visa to work in retail, F&B, ect. P.S. I’m from Pakistan and I don’t have University or any certifications yet.

Name withheld

Answer: If your visa is going to be transferred to an individual and not to a company, then that transfer can only involve visa 20 which is also referred to as domestic servant visa.

The regular Visa 18 that you indicated you want, is issued in the name of the company that employs you and hence it is an offence to work in another company other than the one that offered you the sponsorship.

In short, whoever is going to sponsor you, just make sure that he is an owner of the company, otherwise your ambition to get the regular visa 18 will be shattered.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]

I took my licence 2 years ago on engineer visa. After one year I changed my company and they put my designation as driver. When it was changed I went to Asma Muroor and unblocked it. But now again company is changing my position from driver to sales rep. I am meeting the criteria’s of licence like 2 years residence, 650 salary with engineering degree. Will that change effect my license?

Name withheld

Answer: Unfortunately, that change will lead to the cancellation of your driving licence in consonance with the rule that calls for such cancellation in a change in designation involving driver, housewife, mandoub and student. However, as you meet all the conditions to get a driving licence, you can reapply for a new driving licence and all things being equal, you are likely to be given one.

Kindly go through our archives and refrain from sending us repeated questions
Kindly send your queries to [email protected] or [email protected]