Legal Clinic

Here is my case, I join a new company where my iqama transfer is in process, my designation is Muhasib on my old iqama and same is mentioned on the new one with salary of KD 600, I have attested degree (from Mumbai University) and attested translation with specialization in accounting mentioned on degree. My Iqama is due for expiry on Aug 6, 2019.

Now my new company Mandoup is saying there is a new rule for Muhasib Iqama which requires card from Accounting & Auditing Society Kuwait or else they don’t accept papers in ministry (didn’t submit papers yet in Shoon). But I am not aware of any such rules nor even my friends who are having accountant Iqama. I am in need of your feedback at earliest on said matter … so that they can proceed with my papers without the card (since the card requires at least 1 month time)

Name withheld

Answer: Apart from the news items carried in both Arabic and English newspapers saying that there are plans to request many other professionals to present a no-objection certificate from their mother organizations in Kuwait before their residence permits will be processed or renewed, we are not aware of the coming into effect of such a plan.

The news emanating from your Mandoub is coming to us also for the first time and we are not in position to say if it is true or not. We will therefore advise that to clear the doubt from your mind, you contact the society for advice on the issue.

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Initially I got my driving licence on Sept 1, 2015 with the job title of Sales Manager (Mudeer Mubiyat) with salary of KD 650 but now I’m working in a company which is offering me position of sales agent (Mandoob Mubiyat) with same salary.
Will my licence get cancelled or will it get blocked if I change my designation?

Name withheld

Answer: To the best of our knowledge, we don’t think your driving licence will be cancelled or blocked with your change of designation especially as your monthly salary is above the minimum required. Having said this, we must however, warn that the officials at the Traffic Department take the final decisions so when transferring business with them you must brace yourself for any eventuality.

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This is my second company in Kuwait. My contract started on 07/04/2019 ending on 7/04/2020. So, my question is whether I can take transfer now as I am getting better pay opportunity from another company. Can my present company oppose my transfer? If they oppose, then what should I do?

Name withheld

Answer: As you are currently with your second company, we take it that you were hired locally. If our assumption is correct, then you are entitled to ask for transfer after working with the current company for one year. Indeed if you are a university graduate you could have asked for a transfer at any point in time after joining the current company.

On the other hand if you are not a graduate then you have just fulfilled the requirement of the law which obliged you to have worked one year for the company before asking for a release.

The company you are working for now has no choice but to grant you a release but if they say ‘no’ then our advice to you is to file a case at the Ministry of Social Affairs and Labour through the Labour Department in your area and you will be given a favorable hearing.

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I came to Kuwait in 2012 on Article – 18 visa and since then I changed three companies until 2016. In 2016 I joined government directly and they transferred my visa 18 to Article 17. I started a new job with a private company in April 2019 and I transferred my residency from 17 to 18 in June 2019. Now my company says they don’t have any project and added that they can release me and that I should find another job and transfer my residence. I want to ask if I can transfer my residency to a new company as I have done only one and half months with my new company and if not then how much time I have to wait before transferring to a new company. Please advise.

Name withheld

Answer: Under current rules governing transfer of residence permits, one is at liberty to ask for transfer at any point in time if one is a university graduate and joined the current company on local transfer. On the other hand if one is not a university graduate, you can only qualify for visa transfer after one year service to the current sponsor.

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I would like to inquire and seek advice regarding a matter. I married a Filipino lady in Kuwait just recently and her visa is No. 20 (domestic visa). I would like only to know if I can sponsor her on No. 22 family visa. My work permit states my salary as KD 450/- . Is this amount enough to go through with the visa transfer process?

Name withheld

Answer: The minimum monthly salary required to sponsor someone on Visa No. 22 is KD 450/-. On this score, you can sponsor your wife on domestic visa in as much as her current sponsors are willing to give her a release and you are also armed with a marriage certificate that has been attested by the relevant authorities.

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My wife (visa type 22) is under my sponsorship living in Kuwait since last three years. I am an Engineer by profession duly accredited by KSE and my salary is over KD 2,000 per month. After moving from another GCC country, we both exchanged our respective GCC Country Driving Licence with Kuwaiti Driving Licence and renewed ever year, since then. My wife’s Driving Licence is due for another renewal shortly.
Please let us know if any rule has come into effect lately or we can apply for renewal of my wife’s driving licence (visa type 22) as before?
Also, please let us know if there is any time limit for applying for renewal prior to expiry date mentioned on the driving licence as she intends to travel abroad.

Name withheld

Answer: On March 7, 2019 the Arab Times carried a story quoting sources at the Traffic Department indicating that driving licences will be issued to housewives only if they are on dependent visa and have children. In addition their husband’s salary should be KD 600 and above with designations as advisors, experts, general managers, doctors, pharmacists and members of universities and institutions.
The news item also added that engineers, as per the latest ministerial decision are not exempted and hence wives of engineers can’t get driving licence. We must however, point out that we are not in position to say if the above directives are in effect or not. On the issue of renewing the driving licence, this can be done three month before expiry or three months after expiry. A note of warning must be sounded that on no account must you drive if your licence has expired.

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I am working in a private firm in Kuwait and received an opportunity to study abroad in Germany. I had discussed about this opportunity with my management and they told me verbally that I would have to serve three months notice period after submitting my resignation. So I applied for my German visa at Kuwait German embassy which will be processed only by August last week and I have to collect the visa personally. I tendered my resignation to the company all the while informing them about my visa status. But now they are ordering the immediate cancellation of my visa and to exit Kuwait. I need to stay back in Kuwait at least till August last to get my German visa. Is there anything I can do about this situation?

Name withheld

Answer: The company is wrong in demanding the immediate cancellation of your visa and exiting the country. The three-month notice period prior to resignation or termination is mandatory and incumbent on both parties to respect it. The company will therefore be breaking the law if they go ahead and insist that you leave the country unceremoniously. To forestall this, we advise that you file a complaint with the Ministry of Social Affairs and Labour if you come to the conclusion that the company is hell-bent on carrying out their threat.

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I have been working in restaurant since April 2014. My residency is going to expire July 23, 2019. I do not want to renew my contract. My question is am I entitled to get my whole indemnity from the company? Also I have never been paid the public holidays by the company although I worked during the public holidays in last five years. Kindly calculate my indemnity and public holidays for the above said period.

Name withheld

Answer: Under the labour law, you have to give your employer three months notice about your intention to discontinue your services with them. If you did that three months ago, then you have no problem and hence can lay claims to your full five-year indemnity amount. (15 days salary for each year).

On the other hand if you didn’t but seeking refuge in your non-renewal of your contract you will be on the wrong side of the law as the 3-month notice period is mandatory. You should have fought to be paid for the public holidays that you worked for the company. This, you didn’t do but now seeking to be paid after a lapse of five years. This will by no means be an easy task as the company will not accept your request lying down. How ever you can take a shot at it as there is no harm in trying.

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My husband’s basic salary is KD 620 can he sponsor me and our 7-month-old baby on dependent visa? And how much is the processing fee and time for the visa?

Name withheld

Answer: Yes, your husband can sponsor you and your seven-monthold baby on dependent visa. If all the documents presented by your husband are correct his application for the visa will be processed within a day and a KD 3 stamp will be affixed on the visa upon entry, KD 100 each will be charged as fees to process the residence permits of you and your child

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I applied for visit visa at Mishref Jawazzat for my father and brother. I have created a single affidavit from Indian Embassy which includes both their names and relation with me. But they issued visa only for my father and rejected for brother.

My salary is KD600/-. By the way my wife also working here (not under my sponsorship) and her salary is KD650/-. I have attached her Civil ID copy in the application. When I asked an officer there, he said I should have above KD650/- to get visit visa for brother. Is that true and somehow can I take any other step to get it done. Can my wife apply for a visit visa for her brother-in-law?

Name withheld

Answer: According to the latest rules governing the issue of visit visas, one must earn a monthly salary of not less than KD500/- to be able to invite any member of the family other than wife and children on visit visa. We are not aware of the KD650/- the officer is talking about and can therefore not comment on it. As to whether your wife can apply for a visit visa for ther brotherin- law, we doubt if such an application can be granted especially as your wife is not under your sponsorship. To clear your doubt, you can let your wife try with an application after all there is no harm in trying. Apart from waiting for sometime to elapse and putting in a new application, we don’t know of any other way that your application can be granted.

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Kindly send your queries to [email protected] or [email protected]