Legal Clinic

Is it possible for a wife working in the private sector to sponsor her husband and get him a residency?

Name withheld

Answer: No, a wife cannot sponsor her husband on dependent visa. Indeed under the labour law it is only the man who can sponsor other members of his family on dependent visa if he satisfies certain conditions like being gainfully employed and earning a monthly salary of not less than KD 450.

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I came to Kuwait under driver visa and got the license, now my visa will be cancelled because I am going back to my country and I will return after two months to another company on driving visa. So my question is do I need to retake the exam again or can I still use my license and just going to transfer it to my new employer?

Name withheld

Answer: Yes, you need to take the driving examination again since you will be coming back to Kuwait on a new driving visa with the cancellation of the earlier one.

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I am working in the private sector. My wife is on dependent visa and also pregnant. I have salary below KD 450. Is it possible to get visa to my new born baby, if I plan to place delivery in India? Is it necessary to place delivery in Kuwait to get visa to my new born baby?

Name withheld

Answer: In order not to make things complicated for you, we advise that you let your wife deliver the baby in Kuwait rather than in India. Applying for a dependent visa for the baby while he/she is outside Kuwait is likely to trigger the issue of salary cap. A different position might, however, be taken if the child is delivered in Kuwait with the mother already being on dependent visa

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My husband has been working in Kuwait for the last 3 years and I wish to go there on visit visa. So how many months maximum can I stay there on visit visa?

Name withheld

Answer:The latest rules governing all types of visit visas say that beneficiaries have a maximum of one month to stay in Kuwait. However this can be extended by two weeks on health and humanitarian grounds.

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At my company I am allowed to have 60 days of annual leave and 70 days of maternity leave. Since I am taking maternity leave this year, my company says that I can take only a total of 100 paid days for the whole year instead of 130 days. This means that I am losing 30 days of holiday. Labor Law Section 4 Article 24 clearly states that the 70 days of maternity leave should not be included with the other leaves that a female employee is entitled to.

Name withheld

Answer: Yes, it is true that the Labour Law clearly states that 70 days of maternity leave should not be included with the other leaves that a female employee is entitled to. However, the same labour law states that an employee shall be entitled to 30 days paid annual leave. Your employers are therefore right in telling you that you can only take a total of 100 days paid leaves for the whole year.

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I came to Kuwait in 2013 on driver visa and took 1 year licence in May 2013. In May 2014 I renewed my licence and got 10 year licence up to April 2024. In August 2014 I changed my designation to engineer and transferred my residency to new company.

But my salary was below KD 450 during this time, and I renewed my residency in the same company 3 times and I am holding valid licence up to 2024. Because of KSE NOC issue, now I need to change my designation from engineer to some other position.

My company is ready to stamp my designation in mandoub mubayath position. In this case kindly advice whether the murour will withdraw my licence. What will be suitable post for me without cancelling my licence?

Name withheld

Answer: The aim of the ‘Legal Clinic’ column is to help our readers who seek solutions to genuine problems they encounter at their work place. In deed the column does not and cannot seek to help readers circumvent the law by way of offering advice.

What you and the company are seeking to do is to provide false and misleading information with the view to benefitting from that for parochial reason. We are sorry but we cannot be a party to this breach of the law.

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My company file is closed, I came to Kuwait six months ago on Article 18, my company didn’t put my iqama, but rather they have put only 3 months Article 14 temporary iqama, and out of lot of issue I got my passport and I am planning to move out and come back to Kuwait after 2 months on a new visa.

Do I require to do cancellation process or shall I leave the country as it is, because neither mandoup nor my sponsor is there in the country, they are missing.

Please help me what should I do?

Name withheld

Answer: Since your company did not stamp a residence permit in your passport you have nothing to cancel and hence can leave Kuwait is as much as you have not overstayed the temporary residence granted you.

If on the other hand you have overstayed the number of months granted you then you have to pay garama (penalty) before you can leave.

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I have read in Arab Times that visit visa in Kuwait cannot be extended after one month. Could you please give a clarification in this?

1. I took visa on July 5, 2018 and my family reached here on July 16, 2018 on visit visa.

2. How long they can stay here in Kuwait?

3. Is it possible to extend after 3 months?

Name withheld

To the best of our knowledge, since your family was already in Kuwait before the new rule was introduced we think, they will not be affected by it and hence can stay for 3 months. To be on the safer side, however, we suggest you approach the immigration department in your area to seek more guidance. On the issue of extending the visa after 3 months this we can say without any equivocation, that this will not happen under current conditions.

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I wish to go to Kuwait under visit visa as my husband is working there. We already took air ticket for 3 months, but unexpectedly the rule changed that, visit visa will be issued for 1 month only from Aug 5, 2018. I would like to know if there is any chance for cancelling this rule of one month validity? This unexpected change has put us in a depressed state as we expected too much and also booked for the ticket.

Name withheld

Answer: Unfortunately, we are not in position to look at the crystal ball to determine if there is a chance to cancel the rule or maintain it. For now all that we can say is that you respect the rule and if you are still determined to come, then you have to make the necessary adjustments to your bookings.

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I would like to know if I can get visit visa for my wife’s mother My wife is in Kuwait as dependent more than 5 years My salary is 250 My wife mother age is 63 years

Name withheld

We are sorry but you cannot bring your mother in-law on a visit because you need a monthly salary of KD 300 or more to be able to invite someone other than your immediate family (wife and children).

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