Legal Clinic

I am currently working as a ‘Systems Analyst’ having salary of more than KD 600. I entered Kuwait in 2018 with profession stated as ‘Clerk’ in Visa 18. I am an engineer graduate. Kindly request you to please answer below questions.
1. Based on the information provided above, will I be eligible to obtain the driving licence after completion of 2 years in Kuwait? Also,
2. I would like to have my profession changed to anything closely suitable to System Analyst, such as ‘Programmer Analyst’. Then do I have to produce NOC from Kuwait Engineers Society while changing the profession from clerk to programmer analyst?
In case if both of the above does not have positive outcome (to obtain driving licence), then please suggest the right approach.

Name withheld

Answer: Yes, theoretically, you will be entitled to apply for a driving licence after completing two years as a resident of Kuwait. The reality however is that the decision to grant or not to grant is the exclusive preserve of the Traffic Department. This means that one can still be denied a driving licence even after satisfying all the requirements.
On the issue of changing your designation from clerk to programmer analyst, we are of the opinion that such a change can only be effected after the concerned officials are satisfied that you possess the necessary qualification to match with the designation change. To help them do this, they have to inspect your certificates and as you are an engineer, you will need a no objection certificate from Kuwait Engineers Society. The only approach to acquire a driving licence is satisfying the requirements spelt out by the Traffic Department.

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I am from India, I came to work in Kuwait on factory visa. Now my company has been shut down and I found a new job in different company but since my visa is Masnae I couldn’t transfer to that company. But that company has agreed to give me visa. Right now I am on Visa 14. If I exit Kuwait on a Visa 14 without cancelling the visa how long would it take for my new company to apply for a visa.

Name withheld

Answer: Exiting Kuwait on Visa 14 means that you are leaving the country for good so that visa is automatically cancelled. This means the issue of cancelling or not cancelling the visa does not arise. The new company can begin the process of applying for a visa immediately you exit the country. Indeed there is no time bar as to when to apply for a new work visa.

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I am an expat in Kuwait. I was working for KOC under a private company contract for one year. It was a five year contract. I got demobilised from KOC project one day suddenly before the end of the contract and my gate pass taken back by my company. I was asked not to work for KOC from the next day onwards for reasons unknown. Since then I have been asking my company to give me an official communication for my discharge from duty or to employ me in any other projects handled by the company. But the company is not doing so.

They are refusing me termination notice or payment of my ensuing three months salary and leave salary which I am entitled to. I am staying idle since I got demobilised for the past two weeks. The company says my termination notice with three months notice period is ready with them and it’s for their records only. It cannot be given to me. They can give me release if I get a new job and can extend my visa validity beyond my notice period till I get a job. But I am not supposed to ask for the termination notice or termination pay. I need not report to the company. Instead I can do my job hunt. What should I do in this situation? Can I move court against the company for my termination pay with out termination notice.

Name withheld

Answer: The company is wrong in terminating your appointment without giving the three-month termination notice in accordance with the Kuwait Labour Law. It might be within the company’s right to stop you from reporting to work immediately but you have to be paid three months salary in lieu of the notification period. Before resorting to a court action, we will advise that you go through due process by filing a case of breach of contract at the ministry of Social Affairs and Ministry through the Labour department in your area. Indeed you don’t need the termination notice to file your case as the verbal notice given you by the company is equally as good for purpose.

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I need information about family visit visa. I am an Indian and I intend to take a family visit visa for my wife. So, please let me know how many days she can stay in Kuwait, have any option (visa type) to stay 90 days? and what is the minimum salary to be eligible? Waiting for your valued reply

Name withheld

Answer: To be able to apply for a family visit visa for your wife you should be earning a monthly salary of KD250 or more. Under current rules and regulations your wife will be permitted to stay in Kuwait for three months if the application for visit visa is granted.

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I joined a company on Jan 22, 2019, but until now the visa is not transferred to them. It is still under my old sponsor, who is ready to give me release. Now after two months of joining, I am not comfortable with the work here and I got an offer from another company to join there immediately. I would like to know whether I can move to new job without any notice to current company, as I am still in probation period.

Name withheld

Answer: Since the visa transfer has not yet been effected, in legal speak you are deemed to still be working for your old company. You are therefore not obliged to give any notice period to the current company but it will be okay just to inform them that you are leaving because you are no longer interested in working with them.

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I am an Indian expatriate residing in Kuwait with Electrical Engineer residence permit & civil ID, also receiving about KD 1,000 monthly salary and my wife & child are also staying with me on dependent visa/civil ID.

Now, I want to bring my motherin- law for 3 months to take care of my new born baby, accordingly which visa I should proceed with. Because, I have checked with Ministry of Interior at Ahmadi and they said only 1 month family visit visa can be provided for my mother-in-law, also cannot issue 3 months tourism visa for my mother- in-law.

If only one month family visit visa issued, then will it be possible to extend for 2 months further, while my mother-in-law stays in Kuwait. What is the latest rule in Kuwait, accordingly how can expatriate bring mother-in-law? Kindly awaiting for your valuable advice for me to bring my motherin- law for 3 months period in Kuwait.

Name withheld

Answer: Unfortunately, we cannot say anything different from what you have checked at the Ministry of Interior (Ahmadi) revealed, except to add that the one month visit visa for your mother-in-law cannot be extended for even a day talk of one not to month or two.

According to the latest rule to bring a mother-in-law on a visit visa to Kuwait you should be earning a monthly salary of KD 500 or more.

To apply for a visit visa for your mother-in-law you need a photo copy of her passport, copies of your work permit and civil ID and your rental contract. Attach all these to an application and submit the same to the Immigration Department in your area and your application will be processed within a day.

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I came to Kuwait in Feb 2016 and I took driving licence in Nov 2016 with engineer designation and KD 400 salary. I changed to new company in Dec 2018 with new designation as technician and this resulted in cancellation of my driving licence from MoI (I personally went and checked in Muroor with my Civil ID)

Am I eligible to reapply for new driving licence as my salary in KD 750 now? in addition I got entry of 3 years from 2016 with engineering certificate in my hands. Requesting your advice on this.

Name withheld

Answer: At the time that you applied and were granted the driving licence, you did not satisfy the salary and duration of stay criteria for being granted a licence. This means that you were exempted from meeting the above criteria by virtue of your ‘engineer’ designation. It was therefore logical and legal that when you changed your designation, you lost your driving licence.

However, with your new salary (KD 750 and 3-year stay in Kuwait, you can reapply for a new driving licence. But remember that being granted a driving licence is not automatic but a prerogative of the Traffic Department which can still deny you a licence despite satisfying all criteria.

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Can you please let me know the salary required to bring my family on dependent visa for wife & two kids.

Name withheld

Answer: To be able to apply for dependent visa for your wife and two kids you should earn a monthly salary of KD 450 or more.

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I am a newcomer in Kuwait, with visa 18. My visa was arranged by one of my friends who is working in Kuwait. I have completed my medical and other formalities and waiting for my Civil ID. My visa was issued for 2 years and I am told that it can’t be transferred for upto 2 years from the current sponsor. In this condition, can I work in Kuwait with a good company and also is there any possibilities to transfer my visa within a time frame because I am a post graduate.

Name withheld

Answer: Being a post-graduate plays no role in visa transfer for those hired abroad. In this perspective, if your current sponsor who brought you to Kuwait from your home country tells you that you cannot transfer your visa before the expiry of two years, you have to accept that and wait for the two years to expire. Working with a good company in Kuwait will depend upon the availability of job vacancy in that company and whether you possess the relevant skills the company is looking for.

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I have an issue regarding my resignation. I have worked continuously 3 years (from March 2016 to March 2019) in my present company and now I want to resign from this company to transfer to another company. I was a direct recruited person by the company from outside of the country, that means they came to my country, interviewed me and then they sent me the visa and after that I came to Kuwait. Since they directly recruited me, can I resign from the company now? And if ‘Yes’ are they liable to give me the release to transfer to the other company?

Name withheld

Answer: Under the Kuwait Labour Law, workers recruited abroad are under obligation to work three years for their sponsors before they are entitled to ask for release. Going by the fact that you have put in the required number of years, you have the liberty to apply for a release and the company will be duty-bound to grant you the same.

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