Legal Clinic

I am working in the Human Resources department and just wanted clarification regarding the Haj leave. The Public Holidays which fall during the Haj leave are they included in the 21 days or the employee can avail a total of 25 days. Also how about the weekends during the Haj leave. Hope the question is clear, I am expecting your reply.

Name withheld

Answer: The haj leave is distinct from the annual leave and the two should not be confused with each other. The weekends and public holidays are only relevant when embarking on your annual leave. The Haj leave is specific and it is to enable you perform the Haj a period which includes embarking on the journey, performing the Haj and other rituals and the return journey. The Haj leave therefore is for period of 21 days with weekends and public holidays inclusive.

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

My husband is working here and I am a housewife on dependent visa. My children usually visit Kuwait for one month on visit visa. They were born here and were on dependent visa but they are now studying in India. We are planning to visit Saudi Arabia for Umrah. Please advise how to apply for Umrah visa

Name withheld

Answer: It is the duty of the Umrah Caravan that you register with to get the visa for you and your husband. Be advised that it will not be possible for your children who will be in Kuwait on visit visa to be allowed to register with a caravan with the view to performing Umrah

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

Hello! I came to Kuwait on Dec 2, 2018. I have started working in a new company other than the company that gave me the visa with the sponsor’s permission. Now the new company wants to transfer my residence into their file. I am having Kuwait Society Approved membership for Civil Engineer. My old company has no problem in giving me release anytime. Can you please help me get some information on this topic.

Name withheld

Answer: We will not be far from correct if we postulate that monies changed hands between you and the sponsor who brought you to Kuwait only to allow you to work for another company and has no objection to transferring your visa to that company. This we believe is a classic case of visa trading which could land you, the sponsor and the company you are working for now in trouble during the process to effect the transfer. It is not very common for visa transfers to be effected before the expiry of the year after first entry into Kuwait. With the little input we have provided, it is left to you to forge the best way forward.

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

I want to bring my father and brother for 20 days from India. My brother is 20 yrs old, my father is 55 yrs old and my salary is KD 400. Kindly advise what will be the process

Name withheld

Answer: Unfortunately with your monthly salary of KD 400 you cannot invite your father and brother on visit visa. Indeed you need KD 500 or more monthly salary to be able to take up that option.

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

I was issued the driving license for my designation as Project Manager. I was earning KD 600. Now I have resigned from my previous company and will be joining the new company soon. New company is giving me my designation as Computer Technician. Does this affect my license? My salary now is KD 650 in the new designation.

Name withheld

Answer: As Project Manager if you procured your license on the basis that you were university degree holder, had stayed in Kuwait for not less than two years since your first entry and last but not the least earned a monthly salary of KD 600 or more, then your new designation with the new company will not affect your driving license. On the other hand if you received an exemption from meeting any of the above requirements then you might lose your driving license but the good news is that if you now meet all the requirements you could reapply for a new driving license.

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

I am looking for some advice regarding visit visa for my mother. Please be advised that I am having a salary of KD 508 and I would like to know whether it is possible for me to bring my mother with this salary scale, because as per the article which was published on 10 Jan 2019 in Arab Times it was stated that “General Department for Residency Affairs affiliated to Ministry of Interior has issued new regulations concerning visit visas of different types, reports Al-Anba daily.

As per the new regulations, expatriates can apply for visit visas for their parents provided their monthly salaries are not less than KD 500.” Also please be advised that year of birth of my mother is 1951 (68 years), and as per the article which was published on Oct 18, 2018 in Kuwait Times it states that “The Interior Ministry has lifted age restrictions for expatriates to bring their parents on visit visas. The department of residency was not issuing such visas for parents above 60 years of age. But now, expatriates can obtain visit visas for their parents regardless of their age after authorities began collecting medical charges for the treatment of the parents. The department said that the visas will be for one month that can be renewed by directors of departments in various governorates.”

I mentioned these published details for you to inform you that, after reading these articles, I went to apply at the Farwaniya governorate where I was rejected and was sent back even without a token number and they informed everyone that “If the salary is below KD 600 no need to wait for token.”

In this regard, please advise me if it is possible for me to get visa for my mother with KD 500, because some of my colleagues applied and got visa for their parents who are under Mishref Governorate and I will give a try one more time or if it is KD 600 I don’t need to waste my one day of work as we have only 30 days of annual leave. Awaiting your kind reply.

Name withheld

Answer: According to you some of your colleagues were granted visit visas for their mother even though they earn the same salary as you. This means the KD 500 salary quoted in the Arab Times works and the gentleman who talked KD 600 did so to probably whittle about down the number of applicants to a manageable level or he was practically not abreast with the latest rule governing the subject. In short the new rule talks about KD 500 so we advise that you go back and make another try and if the man comes up with the same excuse just ignore him and ask to see a more senor official for clarification.

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

First of all, I would like to thank you for helping us through your Legal Clinic. I have a query about the school where I am working at. We are paying for our health insurance every residency renewal and the management says that we cannot do anything about it as it was on the contract that we signed. Is the school right about this? I am worried that if we complain, they might terminate us and also, the school owner is one of the most influential families in Kuwait.

Name withheld

Answer: The employer is supposed to pay for all these charges that are related to acquisition and renewal of residence permits unfortunately however, most employers shift their burden to the employees, who also fear losing their jobs are forced to keep quiet and pay up in your case. You claim that management says you are responsible for paying these charges as spelt out in the contract you signed. If this claim is correct, then you have no case as the power of the thumb must always be respected or be left to the courts to pronounce on its legality or otherwise.

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

Due to change in residence from Engineer to supervisor, my driving license on MOI website is showing “No driving license”. My salary is KD 600, I have attested university degree and residing in Kuwait for more than 2 years. Will I be able to get the license back or I have to apply for a new license all from beginning? Your quick response is appreciated.

Name withheld

Answer: You cannot get back something that is not there as indicated by the Ministry of Interior website. This then means that you have to apply for a new driving license all over again. In short you cannot get back your old license.

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

My husband and I are working here in Kuwait on visa 18. My salary is KD 500 and my husband salary is KD 250 our combined salary is 750 KD. I have read in Kuwait visa information site the we can sponsor a child incase if both husband and wife working but only when their combined salary is more than KD 350 per month.

I have brought my 1.4 years old baby boy to Kuwait on visit visa so that we can convert his visa to family visa. My husband went to jawazaat today with all the documents but they denied saying we haven’t met the salary requirements.

Can you please help us what can be done so that I can have my baby boy with us here in Kuwait.

Name withheld

Answer: In times past you and your husband could have combined your salaries to obtain the minimum salary required to be able to sponsor your child. Unfortunately that practice has since been discontinued.

Indeed according to the latest decision in force it doesn’t matter what you earn as it is only the monthly salary of your husband’s which is considered when it comes to the issue of sponsoring a child.

The officials at Jawazaat were therefore within the ambit of the law when they rejected your husband’s application to sponsor the child because his monthly salary is below the minimum KD 450 monthly salary required. However, you still have a chance because the director general of Immigration has the authority to study and if needed approve applications of those expatriates who are earning less then KD 450, especially if both the parents of the child are already in Kuwait or if the baby is born in Kuwait your husband can therefore explore this option and book an appointment with the Director- General as both you and your husband are working in Kuwait.

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

I’m working in Kuwait and wish to bring my wife in July on family Visa. would like to know she can work with the family Visa?

Name withheld

Answer: She would be going against the laws of Kuwait is she comes in to work with the family Visa and if caught would be dealt with accordingly. A possibility exists for her to change her family visa to work visa on condition that she gets a job in a private company. It will therefore be proper for her to adopt the latter than the former so as not to be on the wrong side of the law

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