Legal Clinic

I am new in Kuwait. I arrived here on Oct 21, 2018 in a company under Article 18 visa. Due to lack of business my sponsoring company informed me that I can search for better options. I need an advice from you — Can I transfer my visa from my parent company to another within one year? From one mandoub I heard that I can transfer my visa after 6 months by paying KD 300 in shoon. Is it possible?

Name withheld
Answer: From the look of things we will not be far from truth if we say that you and the company are engaged in visa trading. Is it not strange for a company to incur the expenses in bringing you to Kuwait and within three months of your entry the same company is now telling you to look for better options somewhere? The general practice is that if a company decides to forego its right to keep you working for three years as mandated by law, it can give you a release after one year. As regards the payment of KD 300 and being released after six months, we are not aware of that. Indeed such arrangements and payments are only found in the sphere of transfers within government projects.

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

I am an Indian working in the private sector under a fixed contract period of two years. I am in Kuwait for the last 6 months and I have a good offer to join a different company. I want to resign from my current company, go back to India and then come back to Kuwait on the new visa.

The concern I have are

No. 1: Once I resign and serve my notice period do I have to pay any amount to the company?

No. 2: Will I be allowed to come back to Kuwait in this scenario?

No. 3: If I need to pay anything how would it be calculated and how much will it be?

Name withheld

Answer: You have a two-year fixed contract with the company and you are bound by law to respect the conditions as spelt out in the contract: Unless you have an exit clause embedded in the contract, you will be breaking the terms of the contract by quitting before the expiry of the two-year contract period. In this case the other party to the contract can demand monetary compensation for the remaining contract period which will be your monthly salary multiplied by the remaining months of the contract validity or as stipulated in the contract in case of breach.

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

While many companies and individuals become uneasy when the word “Kuwaitization” is mentioned, Kuwait has had long existing laws pertaining to this subject matter. Companies that have experience conducting business with the Kuwait government or employing foreign nationals, may already be familiar the “nationality” laws.

Kuwait law already stipulates certain requirements to purchase

Kuwait products and hire Kuwait nationals. Kuwait Products The Ministry of Commerce Ministerial Decision No. 6/1987 specifies that national products must be purchased/ utilized, if available, unless foreign products are: 1) more affordable; 2) better quality; or 3) stipulated in the RFP/ Tender.

Kuwait Nationals Article 6 of Law No. 19/2000 requires a minimum hiring of Kuwait nationals for companies awarded government tenders. Article 9 of such law states that companies, which fail to employ the required Kuwait nationals shall be required to pay a surcharge of a minimum of KD 100 each residency cycle for each foreign national employed in a position that should fall under the Kuwait national percentage. Relevant resolutions, further stipulate the percentage of Kuwait nationals that must be hired in certain positions.

If companies violate these laws (e.g., commit fraud or deception by submitting wrong data or switching labels), they are subject to several penalties or punishment, such as cancelled contracts or blocked from doing business with the government for up to two years. Companies should make themselves knowledgeable with all similar laws to ensure compliance.

By Najmah Brown
email: [email protected]

I have decided to leave Kuwait permanently. My employer plans to cancel my visa and residency. As I understand I can stay in the country for one month from the date of cancellation.

Below are my questions: The one month is calculated from which date? Is it the date of cancellation of Shoon cancellation or immigration? Can I drive in Kuwait after cancelling my residency? Do I require to sell my car before cancellation?

Name withheld

Answer: The one month is calculated from the day your residence permit was cancelled by the Immigration department. The validity of your licence is linked to the validity of your residence. This then means that your driving licence is automatically cancelled when your residence is cancelled. Without a driving licence therefore you cannot drive in Kuwait and if you do will be violating the Traffic Law and you will face the consequences if you are caught. Your car has nothing to do with the cancellation of your residence. If you however took a loan to buy a car, make sure that you settle that loan otherwise you will be prevented from leaving the country

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

I am Indian national. my basic salary is KD 600. Please let me know I can bring visit to Kuwait my inlaws (father, mother, sister and brother) my wife also working here with KD 350 salary.

Name withheld
Answer: The latest rules issued on visit visas say that to be able to invite your parents and inlaws you should be earning a monthly salary of KD 500 or more. With your KD 600 a month you therefore qualify to invite the people mentioned above on visit visas.

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

I wish to inquire about my status here in Kuwait. I’ve been working with my company for four years under government project visa 18. I wish to transfer to another company, however my current company refused to release me and said I need to go back to Philippines since they hired me from there. I hope you can help me on this because I am really confused for there are a lot of advices my friends gave me, and now I don’t really know what can I do to resolve my issue.

Name withheld
Answer: Under current rules if you are hired from your country under a government project visa, you are supposed to go back to your country after the completion of the project.

If, however, the sponsoring company wishes it can transfer your visa to the same company but on a different government project or to a different company on a government project visa. The company can also decide to transfer your visa to its general file. The rules governing government project visa show that the sponsor at every point in time is the final arbiter and can decide whether he/ she wants to do with you on the issue of visa transfer.

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

I am from India. I’m working here in Kuwait as a Trainee Supervisor in Sultan Center supermarket. My salary is KD 190/- per month. After deducting transport and accommodation the company is paying me KD 150/-. I wish to apply for visit visa for my wife and 4-years-old daughter. Kindly send me the required salary and other documents required for apply the visa. Thank you very much for your time.

Name withheld

Answer: You should be earning a monthly salary of KD 250/- or more to be able to invite your wife and daughter on visit visa. The above quoted amount should be shown in your work permit. With the explanation given, we are sorry to say with your monthly salary of KD 100/-, you will not be granted a visit visa if you apply for one.

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

I have a mandatory to contract for 3 years in my company. And now it’s been 1 yr since I’m working in the company. I’m a graduate degree holder. I want release from my company. As I’m getting a better offer if I get an release from the company. Can u guide me how can I deal with this problem before talking to my supervisor about it.

Name withheld
Answer: You have indicated that you have a mandatory three-year contract with your company. How then can you turn round to demand a release when you have done only one year of the three years? Irrespective of whether you are a university graduate or not, you have to see out the duration of the contract which you appended your signature to. The only option you may have is if your current sponsor on his own accord decides to let go before completing the remaining two years of the 3-year contract. If however the sponsor remains adamant then you have to respect the rule of the thumb.

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

I have spent 4.5 years working in Kuwait. Sir 7 month ago I changed my visa to another company. I am a degree holder, now I get a good job, can I change my visa again ?

Name withheld
Answer: Yes, you can leave your present company and join another company and the former will be obliged to grant you a release since you have a university degree and you were hired locally. If you were not a university graduate you would have been under the law been compelled to work one year for the current company before you could apply for a release.

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

After transferring from visa 22 to 18 how many years should I work for release from that company?

Name withheld

Answer: If you are a university graduate you can leave the company at any point in time. You will however have to work one year for the company if you are not a university graduate before you can ask for a release.

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