Legal Clinic

  • Could not return to Kuwait within 6 months

    I went on a vacation in March 2019, due to some family problems I couldn’t return to Kuwait. I have my visa valid till September 2019. What will happen to my current visa, whether I’ll get banned from entering Kuwait. Can I apply again to Kuwait?

    Name withheld

    Answer: You dont have a visa and hence can’t be talking about your current visa. Indeed you cease to be a resident of Kuwait when the six-month outside the country rule kicked in. While we can say that non-cancellation of residence does not form part of the issues that can lead to a ban on entry to Kuwait, we cannot say with certainty that your attempt to return to Kuwait can be a done deal because that decision is made by the authorities concerned. Our adivce to you therefore is that go ahead with the processes towards your return and let the decision makers act

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  • Minimum salary to sponsor sister on visit visa

    I would like to know the minimum salary required to bring my sister to Kuwait.

    Name withheld

    Answer: To bring your sister to Kuwait on a visit visa, you need to earn a monthly salary of KD 500 or more and this amount should be indicated in your work permit

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  • Having second child in Kuwait

    I was born in Kuwait in 1979 and very grateful to this country and people for giving us an equal chance to reside along with other expatriates and its citizens. I am a driver by profession and as per my work permit I draw a salary of KD 410 per month. I also receive an additional sum of KD 225 from overtime and as housing allowance. My wife is a homemaker. Our 1st child was born in Kuwait on December 2016. They are on my sponsorship. We now wish to have a 2nd child and would like to know if I am allowed to sponsor & have our baby delivered in Kuwait itself, if God wills.

    Name withheld

    Answer: You already have a child who is under your sponsorship and there is no law in Kuwait that says you can’t have a second baby after the first in Kuwait. We believe you will be able to sponsor the second baby even though your salary is below the new minimum of KD 500 allowed for sponsorship since you were already a sponsor before the new law came into effect; to be able to sponsor the second baby however, you may need clearance from the director-general of the Immigration Department.

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  • Age limit for Parents visit visa

    I am planning to bring my parents from India on a visitor’s visa for 1 month and both are aged 78 years and I am a doctor working in a private sector, is there a age limit to bring my parents.

    Name withheld

    Answer: In times past the Ministry of Interior through the Department of Residency Affairs was not issuing visit visas for parents aged above 60 years. The restriction has since been removed and expatriates can now obtain visit visas for their parents regardless of their age after the authorities instituted a scheme to collect medical charges for treatment of parents if the need arises. In addition, applicants for visit visas for parents should earn a monthly salary of KD 500 or more which should be indicated in the work permit

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  • Locally hired – Employer giving release for non graduate

    I’m locally hired in Kuwait and this is my 3rd company that I am working. My question is: can I transfer visa to another company even though I’m newly hired only a month ago? My current employer is willing to give a release anytime. I’m not a degree holder.

    Name withheld

    Answer: The law says that if you are not a degree holder but you are hired locally you can only ask for a release after working for one year. However, since your employer is willing to give you a transfer before the expiry of the one year service period, we advise that you try your luck at the Immigration Department with your transfer request and who knows you may be successful

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  • Ready to compensate instead of serving notice period

    I am working in a private company in Kuwait. I need to give resignation but they are telling me that I need to complete two years. Without completing the two years they say I will not get a release. I’m ready to give compensation but the problem is I need to get immediate release because I got another job. I need to join there; I have completed three months in that company. If I need to file a case what will be the expenses and will I get resignation within two weeks? Please reply.

    Name withheld

    Answer: If you signed a contract to work two years for the company, you have to respect the terms of the contract and hence can’t quit after working for them for only three months.

    On the other hand, if you were employed locally, and you are not a university graduate, the law requires you to work one year for the company and this also you cannot run away from.

    Similarly, if you are a university graduate and you were employed locally, the law allows you to quit at any point in time but this can only be effective after three-month notice period. Granting that you are a university graduate and your were hired locally, you can only file a case against the company, if the company insists on not releasing you after expiry of the notice period.

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  • Selling of car on temporary visa (Article 14)

    I have been working in a private company as engineer. My work visa is expiring in the first week of next month. Now, the company has given me the termination letter with three months notice. To complete my three months notice, company may extend my stay in Kuwait by providing temporary visa. I want to sell my car during this period, my question is whether I can sell my car by holding temporary visa as I want to leave Kuwait after completing my notice period. Please advise.

    Name withheld

    Answer: The aim of the temporary visa is either to keep you away from being classified an illegal resident in Kuwait while your papers are being processed or to enable you wind up your stay in the country and exit finally. With this explanation we don’t think you will face any problem if you want to sell your car before exiting Kuwait

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  • Termination of employee without valid reason

    According to the Kuwait Labour Law an employer has the right to terminate the services of the employee without prior notice and without paying the employee’s indemnity and compensation, if an employee commits any of the infractions as spelt out in the Kuwait Labour Law.

    What if they terminate the employee without any concrete reason or no disciplinary actions at all? What if the management says they have the right not to disclose the reason and terminate the employee directly without prior notice?

    Does the employee have the right to transfer regardless he worked less than three years in that company and could he demand for his indemnity and final pay?

    Name withheld

    Answer: In the second series of scenarios you enumerated, the employer has the right to terminate your services but he is obliged by law to give you a notice period of three months.

    He is also obliged to give you a transfer regardless of whether you meet the three-year service period or not. In addition, the employer has to pay you indemnity for the number of years you worked for him as well as compensate you in monetary terms for the number of years or months left for the contract to run its full course

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  • Leaving Kuwait without cancelling dependent visa

    My family have resident (dependent visa) and they are in a need to go back to India and I am not sure about their return to Kuwait. If they don’t return to Kuwait within 6 months, their visa will be automatically cancelled.
    So in this case, I have a few questions below:

    1. Since I am the sponsor for my family, do I need to pay penalty while cancelling my work visa as my family exited Kuwait without cancelling their dependent visa?
    2. If I plan to bring my family after a year to Kuwait, can I bring them without any legal issues as they exited Kuwait without cancelling their dependent visa?
    3. Can I cancel their visa after they go to India, I mean I will drop them in India and I will take their passport and Civil ID along with me to Kuwait, in that scenario can I cancel or renew their dependent visa?

    Name withheld

    Answer: We don’t think you will have to pay any penalties for your family leaving Kuwait without cancelling their dependent visas. Indeed these would be automatically cancelled as you alluded to. While we are convinced that you will not face any legal issues over the non-cancellation of the visas, we can’t stick out our heads and say that no questions would be asked and answers demanded. To forestall any future problems, we advise that you bring back their passports and Civil ID cards and officially cancel the visas before the automatic cancellation is effected. You can however not renew their residence while they are outside Kuwait.

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  • Factory visa transfer to Trading Company visa

    Please help me on the following: I am currently working on factory iqama (masna). I have been offered a job in a general trading company in Kuwait. I will finish my 3 years service in Kuwait on Feb 27, 2020. I would like to know if my factory iqama can be transferred to a trading company or not?

    Name withheld

    Answer: Unfortunately, your factory residence permit can only be transferred to another factory residence and not to a general trading company

    Kindly go through our archives and refrain from sending us repeated questions
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