Legal Clinic

  • Notice period for resignation of a Teacher

    I am a teacher working in a private English school here in Kuwait. The contract gets renewed every year. In January we must sign for the following academic year (end of August to end of August). I am considering leaving the country but I’m not sure what my position will be. Can I hand in my notice and leave without penalty? Would I still get my gratuity? How much notice would I need to give them? (Am I entitled to do this?)

    Name withheld

    Answer: The notice period which is for a duration of three months is mandatory unless either of the sides is willing to forego it. As you explained your contract period is from August to August, we advise that you submit your letter of resignation on June 1 to take effect on September 1. By so doing you will cover the three-month notice period if it is required and at the same time you have nothing to lose if you are not required to give the notice period as the contract is of one year duration subject to renewal.

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  • Combined salaries not entertained to issue any kind of Visa

    My wife and I are residing and working here in Kuwait. My salary is KD265 and my wife’s salary is KD250. We have a daughter in India who is with my parents right now. I would like to bring my daughter to Kuwait on a family visa. Can you please advice me the procedure?

    Name withheld

    Answer: To be able to sponsor your daughter or any other member of the family on dependent visa you should earn a monthly salary of KD450 or more. This salary must reflect in your work visa and the salary your wife earns has nothing to do with your ability or otherwise to get a visa for your dependents. In short your salary falls short of the required amount and you are not allowed to combine your salary and your wife’s to attain the magic figure. You can therefore not be qualified to get a family visa for your daughter and hence no need to take the procedure to apply for a family visa.

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  • Transfer of Engineers Project visa to Pvt Visa

    I am currently on visa 18 and came to Kuwait in 2015. Since 2015 I have been working with same employer in the private sector with engineer designation however due to KSE issue in Nov 2018 my company changed my designation to admin supervisor under gov contract. I have now got a job offer from another private sector company in Kuwait and after checking my visa they informed me that it is transferable after 1 year only by paying KD 300. What I understand from my sources is that my visa should be transferable in 6 months after paying KD 300. I would like to know if you could throw some light on this.

    Name withheld Answer:
    A Ministry of Social Affairs and Labour decision was issued in 2016 on new fees for some transactions related to the transfer of work permits in the private and oil sectors.

    The decision stipulates that in line with Labour administrative decision number 842/2015 regarding work permit transfer in private and oil sectors and its amendment, the employer is allowed to transfer the work permit of the employer through the Supreme Committee for Individual Disputes by paying fees depending on the nature of the transfer.

    According to the decision KD 200 should be paid for transferring the work permit of an employee registered under an expired contract to another government contract of the same employer, KD 350 for transferring work permit of an employee registered under a government contract, whether expired or not, to the main file of the same employer.

    The decision also adds that it is permissible to transfer the work permit of an employee registered under expired or valid government contract, to another government contract of an employee, who was brought into the country to work in the private sector, to another employer without completing the required work period – one year under the current employer.

    It also permits an employee, who worked in the government sector and transferred to the private sector, to transfer to another employer before completing one year upon paying a fee of KD 300. KD 300 fee is also applicable for the transfer of work permit of a locally retired employee registered under a government contract to the private sector before finishing one year.

    It is also permissible to transfer the work permit of an employee, who was on dependent visa and transferred to the private sector to another employer before completing one year with the current employer.

    The fee for this is KD 300. A similar fee of KD 300 is imposed for the transfer of the work permit of a domestic employee who had earlier transferred to the private sector without completing three years under the current employee.

    As requested, I have, thrown more light on the subject in question and from the various scenarios given, it is clear that when you go through the process and make the required payments, the work permit transfer will be effected without any time lapse.

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  • Indemnity still not paid – Expat leaving Kuwait for good

    I resigned from work on Dec 24, 2018 and my last day as technician in the company was on March 23. The company has yet to clarify the calculation of my indemnity: 7 years 6 months + 23 days salary for March + overtime of 250 hours from July to December 2018 + 49 days leave balance. I have been waiting for the account settlement from the company for 46 days but there has been no clear reply for clearance. I booked and cancelled my travel ticket three times. I have no money, my loan is unpaid and the last salary I got from the company was in February. Please help me. What should I do in this critical situation?

    Name withheld

    Answer: Try to meet those responsible for making sure that your entitlements are paid to discuss the issue with them with the view to speeding up the process. However, if you are not given an ear or in the process of discussing the matter with the company officials, you realise they don’t intend to honor their obligations, then we suggest that you file a case against them at the Ministry of Social Affairs and Labour through the Labour Department in your area. We wish you all the best.

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  • May I know if I am eligible for driving licence?

    I have been working in Kuwait since 2014. My salary is KD 650 and I am B. Com degree holder from Mumbai University. My designation on my work permit is Electrician. May I know if I am eligible for driving licence.

    Name withheld

    Answer: To qualify to get a Kuwait driving licence you must satisfy three conditions:

    1. Be a university degree holder
    2. Earn a monthly salary of not less than KD 600
    3. Must have been a resident of Kuwait for not less than two years since first entry Taking the above into consideration, you meet all the requirements but it must be pointed out that the Traffic Department has the exclusive right to grant or deny the issue of driving license.

    This means that you can still be denied a driving licence even through you meet the requirements as spelt above.

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  • Driving license of an Engineer after designation change

    I’m an engineer working in Kuwait since 2013 on engineer visa; my licence issued in 2014 expires in 2024. But in MoI site the licence shows as expiring in Jan 2020. Last year my designation changed from Engineer to Administration employee due to KSE NOC issue. Will you please advise if after Jan 2020 my license will be blocked or cancelled?

    Name withheld

    Answer: The fact is that you changed your designation from engineering to administrative employee and you still have your licence with the expiry date written as Jan 2020. If your licence was blocked or cancelled it would have been done immediately after the change in designation was effected and would not have been given a ‘grace period’ of up to Jan 2020. We can safely conclude that the change in designation has not affected the validity of your passport which we believe will continue to be renewed in accordance with the validity of your residence permit.

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  • Hired locally after 1 yr can seek release for non graduates – Graduates can quit any point of time

    I came to Kuwait three and half years ago, after 3 years I got release and started working in a company for the last 6 months, now I have got a better offer and the present company is ready to release me. I am not a graduate, my question is, will I be able to transfer my residence to the new company before 1 year? If not possible, what is an alternative. My present employer is ready for that I work in the new company anytime.

    Name withheld

    Answer: The Labour Law says that if you are hired locally you have to work one year for your sponsor before you can ask for a release if you don’t possess a university degree.

    If on the other hand you are a university graduate you can quit at any point in time provided you give the sponsor the mandatory three month notice of your intention to quit. Specifically answering your question if your current sponsor is willing to let you go before the expiry of one year, then fifty percent of your problem is solved. The remaining fifty percent will have to do with the officials at the Ministry of Social Affairs and Labour who will determine whether to go along with your sponsor or to maintain that you have to work for one year as a non-degree holder before you ask for a release.

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  • Rules to obtain driving license in Kuwait

    I have been working in Gulf Link Venture (FLV) Company- Kuwait as monitoring technician since 2016. My current salary is KD 650 – KD 630 basic salary and KD 20 food allowance. I completed my B.E. (Electrical Engineering) but I have no NOC from Kuwait Society of Engineers (KSE) and the job stated in my visa is ‘technician’. My company told me to obtain a driving license because we lack drivers. Can I get a driving licence? What are the new rules in obtaining a driving license?

    Name withheld

    Answer: The rules for obtaining a driving license remain the same – be a university, degree holder, lived in Kuwait for not less that two years since first entry and earn a monthly salary of KD 600 or above. In addition you must pass eye-test as well as driving test

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  • Procedure to apply for family visa or visit visa

    A certain lack of information has led a lot of our Indian community people astray regarding the procedure of getting visit/family visa for your loved ones. I will be sharing my own experience and what procedures I had to follow to get visa for my wife.

    If your salary is below 450k.d and you want to get family visa for your wife, sorry but there is no way you can get it legally and I highly disregard people who want to approach through waasta, don’t waste your time and money. Better get your wife a job over here and let the company get the visa for her. Don’t fall for visa traders, unless you want to make your life miserable.

    For visit visa, minimum salary is 250k.d still and same as mentioned above that don’t fall for waasta’s and visa traders.

    : First of all make sure you have the following documents before approaching the Jawazat (Farwaniya Jawazat is shifted to Riggae for residency matters)

    1. VISA FORM

    2. Passport copy of your own (First page & last page). Since new procedure has removed iqama page. You then just require your civil id copy.

    3. Passport copy of your wife (First & Last page)

    4. Izne Amal copy (Work Permit). Ask your company to provide it.

    5. Relationship Affidavit. (This document can be typed from the typing centers located all over Kuwait). Get the affidavit to Indian embassy, 7 KD is the price of the stamp they will put, from there directly go to the Liberation tower (Ministry of Interior), there you need to put 5 KD stamp on back of the affidavit and get it signed on the 2nd floor office.

    Get all the above documents to the typing center, now many typing centers and forums have claimed that you require Marriage certificate with MOFA attestation from India, even I was falsely informed by various typing centers, thanks to a certain typing center, who firmly said not required. And actually, I didn’t require it while submission of papers at Jawazat, as my name was in my wife’s passport and has her surname changed to mine.

    For others who don’t have spouse names in either of their passports it seems you may have to get the marriage certificate attested from MOFA, INDIA. Usually that attestation is sufficient but you may never know if the officer at Jawazat will ask for attestation from Kuwait as well, so get the stamping done similarly as you’ve done for the Relationship affidavit.

    Marriage certificate in any case not required if you’re just applying for visit visa.

    Get the visa form typed and make sure there are no typos in the form or else the visa will be rejected.

    Rental agreement not required in either case in Farwaniya Jawazat, not sure about other Jawazat.

    Once all papers are set. Get to the Jawazat as earliest as possible as per their work hours, probably reach before 1-2hrs if you don’t want to waste your whole day there.

    Make sure you always sit in the first row of chairs; the token number will be distributed row-wise regardless you were first there to come and you’re sitting in the last row.

     Maintain silence, avoid bringing unwanted people or relatives with you, if you don’t know Arabic, no problem. Officers over there are English literate and will speak to you in English if wanted. 

    There are at least 12 counters in the visitors hall and most of them will have officers stationed. Roll call will be done for your token number, make sure you are there and be on the exact counter in time. If you’re a habitual late comer, they won’t entertain you. Better go home.
    If by any chance the officer over there asks you to get sign from the high-level officer or Colonel, don’t try in any case to intimidate them, be humble always if you want to get your work done. If for any reason the colonel rejects your application humbly ask him or the allotted officer at counter to provide a reason, no argument whatsoever will be of any fruition; instead you will be removed from the visitor’s hall.


    Visa office is located on the first floor and residency on ground. Always ask around with your compatriots if you don’t know the way, no harm in asking.
    Once application is taken from you for checking by the officer, you have to sit nearby the respected counter to wait for the officer to call you back. If everything checks out, you will be handed the Entry Visa paper printed on an official Ministry paper in blue color, you have to sit and make sure first that the officer has mentioned all the details on the visa properly, don’t hurry in checking.

     Once verified, buy a 3k.d stamp from nearby kiosk, stamp is for both visit & family visa. Stick it in the marked bracket at the back of the visa, officer will scan the stamp and put an MOI seal over it. Congratulations!!, now send this visa back home and wait for your loved ones to visit you.

    by Juzer Bhinderwala

  • Changing Visit Visa to Work Visa

    First of all, thank you very much for providing this platform to ask and get information about Kuwait’s visa rule. This is very useful for someone like me. Currently I am here in Kuwait on Visit visa. As I don’t know the visa rule here, My curiosity is whether I can come back immediately on working visa once I exit or not? Also please, is there any procedure/ possibility to change visit visa to work visa?

    Name withheld

    Answer: Once you exit Kuwait after a visit you can come back immediately on a work visa without facing any problems. On the other hand, it is almost near impossible to change a visit visa to a work visa. In times past it used to be possible but the practice has since been abandoned or strictly limited in bid to restructure the population balance

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