Legal Clinic

I am working as a senior supervisor in Kuwait. I hold Oman driving license. I am a postgraduate and my certificates are attested. Kindly advise me whether I am eligible for Kuwait driving license or possible to convert my Oman license to Kuwait license.

Name withheld

Answer: To be eligible to apply for a Kuwaiti driving license, you should satisfy three basic conditions

1. Be a University graduate

2. Earn a monthly salary of KD 600 or more

3. Should have been a resident of Kuwait for at least two years following your first entry into the country.

Since we are not seized with details concerning conditions 2 and 3, we are not in a position to tell you whether you qualify for a Kuwaiti driving license or not.

As for converting your Omani driving license to that of Kuwait, it is only the Traffic Department of the Ministry of Interior which can make such a determination.

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

Am cancelling my project visa this week and going to India. Planning to come in new visa to Kuwait. My son is under my residence. Is it possible to transfer my sons residence under my wife’s sponsorship, she is working her and her salary in the work permit is KD 770.

Name withheld

Answer: Under Kuwait law, it is only the husband who is clothed with the authority of sponsoring members of his family. Wives are precluded from sponsoring family members on dependent or family visas. However in some exceptional cases and based on compassionate grounds, a wife may be allowed to sponsor the children but this can only happen with the nod of the Director-General of the Immigration Department. With your wife’s monthly salary being above should the required you may try your luck to see if the Director- General could give the nod for you to transfer your children’s residence to the sponsorship of your wife.

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 as a medical lab technician in a private hospital in Kuwait. My basic salary is KD 420. Can I sponsor my wife and child with this salary?

Name withheld

Answer: In accordance with a new decision issued by the Ministry of Interior recently, the minimum monthly salary required to obtain a family visa has been increased to KD 500 from KD 450. Some categories of workers are however exempted from meeting this condition. Answering your question directly, laboratory technicians in the public sector are among those who qualify for exemption. But as you are working in private hospital, we are of the opinion that you do not qualify for exemption and as your salary is below the minimum required, you can’t sponsor your wife and child on family visa. To clarify any doubts you may have about our expressed opinion, you can seek further clarification from the General Department of Residency Affairs.

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

I intend to invite my parents to Kuwait on visit visa for one month. I wish to know if there is still age limit restriction? My mom’s age is 65, can I take visit visa for her? Salary package is KD 450.

Name withheld

Answer: There is no longer any age restriction imposed when applying for a visit visa but now the minimum salary required to apply for such a visa has been raised to KD 500. This means that your salary package of KD 450 is not enough to invite your mom on a visit 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 a doctor, presently residing in Kuwait as a dependent on my husband (Article 22). I arrived in Kuwait at the end of October 2018. I now have a job and the company asked me to get the transfer of residence done from Article 22 to 18. I have been told that since I am transferring the residence before one year of residence in Kuwait, I will have to pay KD 300 as penalty. I would like to ask you, who has to pay the KD 300? Is it supposed to be paid by the company who is employing me? Or does it have to be paid by me personally? I kindly request you to please help me in this matter.

Name withheld

Answer: The rule says that to transfer from Visa 22 to 18, the applicant should have spent at least one year in Kuwait since first entry. The rule also says that university degree holders could however apply for such transfers at any point of time. Being a doctor therefore we are at a loss as to why the company is talking about non-completion of one year and the payment of KD 300.

Having said the preceding, we must add that the issue should not be about who pays the KD 300 but about who needs a job.

In this respect, the company would not have told you to pay the KD 300 if they had any intention of paying the amount if indeed such an amount is to be paid.

Indeed, if you need the job then you have to go according to what the company says. On the other hand if you feel the company is fleecing the money from you without any justification, then you are free to turn down the company’s request.

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

May I know if it is right or legal for a company to have a rule of only 15 days annual leave should be carried out on the following year. For example at the end of 2019 my accumulated annual leave is 20 days but only 15 days will be carried or added on my leave for 2020. Appreciate your response.

Name withheld

Answer: The company is wrong with their interpretations and executions of the rule regarding accumulated annual leave. Indeed what the law says is that you cannot have more than sixty days accumulated days within a year which you can avail of. The law goes on to say that any excess days after the sixty days permitted will be kept and paid as part of your end of service benefits. In short you company’s rule of only 15 days of accumulated leave that can be carried over to the next annual leave has no legal basis and should be challenged for the correct procedure to be followed.

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

I am from Bangladesh, working in a local shop in Kuwait about 2 years and 4 months. My visa type Article 18 Visa and my salary is KD 400 in work permit and my designation is sales executive.

My wife is staying in Kuwait and her sponsor is her father. Its been 5 years we are married and we have a 3 years 8 months old kid in Bangladesh where we got married. I want to know if there is any procedure to get family visa or I have to have KD 450 salary in work visa to apply for family visa. And if my salary is increased to KD 450 then what will be the procedure. It would be my pleasure if you kindly help me out by giving me advice. Thanks in advance.

Name withheld

Answer: For your information, the minimum monthly salary required to be able to apply for a family visa has been increased from KD 450 to KD 500 to be able to apply for a family visa you should therefore, be earning KD 500. This means that your KD 400 which you hope to have it increased to KD 450 wont’ be enough for you to sponsor your family.

For a woman to be married and still be under the sponsorship of her father is against the laws of Kuwait. We therefore, advise that you take steps to correct this anomaly especially that both of you are now in Kuwait. To do this the only avenue opened to you is to seek the transfer of your wife’s residence from her father’s to your’s. We must however caution that success on this target is not guaranteed and there is also a possibility of your father-in-law running into problems for sponsoring a married daughter.

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

I need your legal advice. One of my friends (Filipino national) started working in a salon in the month of June 2019. Her residency to salon was transferred at the time of joining.

After two and half months on 9th of August they terminated her, saying she is not meeting work requirement etc within the probationary period. At the time of termination, they asked her to sign a paper which she signed but she has taken photo copy of that paper which they asked her to sign.

After a few days, HR department of the company also called her to come to sign another paper of termination, which she did also and got copy of that paper as well. She worked for 9 days in August and they told her she could get her money as soon she transfers her visa to new company.

The current situation is that she has still not been able to find a new job. Recently the HR manager of the salon texted her asking her to transfer her visa by 29th of August otherwise they will be forced to put a case of absconding on her.

She texted them back and asked them to give her some more time to find a new job; so far she is sitting at home without any job. Need your advice on what she has to do in this situation.

Name withheld

Answer: We advise that your friend write to the company officially (not by text) and pleading with them to give you more time to land a job and transfer your visa to the new company. Let the company know that the 20 days given to your friend to find a job and transfer her visa is not enough to accomplish that. As for the threat to report your friend for absconding, we do not think that the company stands on enough sound legal grounds to embark on such a mission. Tell your friend to make sure that she keeps intact the termination letter as well as the text message threatening to report her for absconding. These two items will be very valuable in exposing your employers if they go ahead to report your friend for absconding or in case you want to file a case against the company for not giving you enough time to look for a new job and transfer your residence.

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

I am from India, I’m working in Kuwait, as a guest service assistant in Jumeirah Messilah Beach Hotel. I need to bring my wife on visit visa, my basic salary is KD 150+service charge KD 50, is it possible to get a visa?

Name withheld

Answer: Unfortunately the KD 150 salary per month is below the minimum KD 200 required to be in position to invite your wife here on a visit visa. The KD 50 service charge can’t be added to the basic salary for the purpose of applying for a visit visa

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 2-1/2 years ago. I have got my licence for 2 years as an accountant at that time; but now I have been promoted as Finance Manager and also changed the company. What should I do for renewal of my licence with new position in Izan Amal which is ‘Mudeer Mali’. Will there be any problem for me to get the licence as one of the mandoubs was telling me that no licence is issued for Mudeer Mali in Kuwait. Is it correct?

Name withheld

Answer: The mandoub’s position cannot be correct because being a finance manager means that apart from you most likely being an accountant yourself, you will have a number of accountants working under you. It will therefore be ridiculous to deny you a driving licence because of a mere change to position that is higher than your original accountant designation. In short, we don’t think you will face any problem with your driving licence and in case you do face, don’t hesitate to demand to see a more senior official at the Traffic Department to argue out your case.

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