Legal Clinic

I have a query on the eligibility criteria for applying for a driving licence. My work permit states salary as KD 750 and my designation ‘Technician.’ I have done BSc (Chemistry Hons) but my degree certificate is not attested. Am I eligible to apply for a driving licence or does degree certificate required attestation from which dept.

Name withheld

Answer: All certificates that are intended to be used for the purposes of employment, visa applications, acquisition of driving licence etc must always be attested by the foreign ministry of country of origin, country’s embassy in Kuwait and Kuwait’s Ministry of Foreign Affairs in Shuwaikh. With your attested certificate, a salary of KD 750 you will have no problem in applying for a driving licence if at the time of putting in your application you have been a resident of Kuwait for at least two years.

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I have a legal question and I hope that you can help me. I have resigned my job and I want to return to my home country. Can you please tell me what is the procedure to cancel my residency (I am aware that this part is supposed to be done with my company?) I have already cancelled residency for my wife, since she was under my sponsorship. Can my company cancel my residency while I am still working for them? This would be the best case scenario for me. We go and cancel my residency, I continue working for them till my resignation notice expires and day after that I leave the country.

Name withheld

Answer: When your residence is cancelled you are given one month temporary visa to wind up your activities in Kuwait and leave. The company will therefore be breaking the law if they cancel your residence and keep you to work for them to cover the three-month notification period. Note, also that if you are working without a valid residence permit you will be considered as illegal and subject to deportation.

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I came to Kuwait in Feb 2016 on driver visa and got my driving licence in May 2016 with salary KD 450. At that time I heard that, driving licence will be cancelled if I change designation within 2 years. Even my mandoub insisted that it can be possible to renew my licence after changing designation to Engineer after 2 years and it cannot be cancelled.

So, in Feb 2018 I changed my designation to Electrical Engineer with salary KD 450. During my licence renewal, I came to know that my licence had been cancelled on the day I changed designation.

For my position in company, driving licence is mandatory. There is a possibility of losing the job, if the licence is cancelled. Kindly advise the possibility to get my driving licence new/renewed in any chance either by changing salary or designation. Awaiting your early response with a solution to get my driving licence.

Name withheld

Answer: Yes, the authorities were right in cancelling your licence because you were granted the licence on the basis of your ‘driver’ designation which is one of the designations which suffer loss of driving licence with designations change, with a monthly salary of KD 450 and if you are a university degree holder you can go ahead and reapply for a new driving licence.

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Dear sir, I am working in one company; it’s projects visa, but I came to Kuwait on Visa 18 restaurant job, can I change again to Visa 18, please let me know. Thank you.

Name withheld

Answer: Since you didn’t initially enter Kuwait on a project visa you are not supposed to face any problem if you want to revert to your original Visa 18. But as we always say, depending on the officer you meet at the counter and his or her understanding and interpretation of the law, they may execute the law in a way that may not meet your expectations. If you are however convinced the law is on your side you can always ask to see a more senior officer to present your case.

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Currently I am working in a private shipping & logistic company as Business Development Manager with a salary of KD 650. I have driving licence valid till April 2019. I got my driving licence in 2017. I got a job with a higher salary, but the offered position is Senior Sales Executive with a salary of KD 800. If I change my designation from BDM to Senior Sales Executive, can I get my driving licence renewed or will it be cancelled?

Name withheld

Answer: Under current rules and regulations, it is only ‘driver’, ‘housewife’ and ‘student’ lose their driving licences if they change their designation. Going by this, we are, therefore, of the opinion that you will not suffer a cancellation of your driving licence if you change your designation from Business Development Manager to Senior Sales Executive.

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I am in a bit of a confused state. I cleared an interview and got my Kuwait visa stamped. But have not joined the company so far. It is an entry visa and have validity till June 28, 2018. In the meantime, I cleared one more interview and got selected to Kuwait. This company is offering a handsome package. Is there any way for me to join the second company?

Name withheld

Answer: The only way you can join the second company is by allowing the entry visa with a validity period of June 28, 2018 to expire so that the new company can begin the process of getting you a new entry visa. We must, however, advise you to take into consideration the saying that a bird in hand is worth more than ten birds in the bush.

You have to be absolutely sure that the new company can actually deliver the handsome package they are offering you before you ditch the first company. A word to the wise they say is enough.

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In MoI website, dependent visa minimum salary is mentioned as KD 250. But in other websites it is mentioned as KD 450 for private sector employees. Can you please confirm which one is correct? Is there anything changed regarding minimum salary?

Name withheld

Answer: To be able to sponsor your family on dependent visa you should be earning a monthly salary of not less than KD 450. The KD 250 mentioned in the Ministry of Interior website as you claim could be an earlier cap which has since not been updated or could be pointing to something else.

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I have my Kuwait Visa in my Passport but unfortunately my passport ran out of pages and am planning to get new passport. I have below queries, it will be grateful if you can help me with your answer.

1. Do I need to register my new passport at Immigration department. If yes, what is the procedure and timeline to do it.

2. I am planning for vacation after getting new passport. Will I face any complications at airport if I dont register at Kuwait immigration.

Name withheld

Answer: When you acquire the new passport, the residence permit in the old passport has to be transferred into the new one at the Immigration Department. With this transfer, the new passport is automatically registered please note that it is your company’s mandoub who is mandated to undertake this exercise and he knows the processes involved in doing that.

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I am currently in big dilemma because of the visa transfer issues. Let me know your advise. Am currently with the employers for 4 years and was a local hire from a private company. My visa is under project visa and my company stamped my residence in the last week of March 2018.

I got a good offer from another sponsor but came to know that my visa cannot be transferred immediately as I need to complete 6 months from date of stamping my visa, I can start with the new company only if my visa can be transferred. Kindly advise options for the above problem.

I have my family here whose visa will have to be renewed next month, so am not sure if I can stamp their residencies and cancel my visa, then go back to my country and come back in new visa, am not fully aware of the consequences in such a situations. Appreciate your immediate response.

Name withheld

Answer: Unfortunately the residence permits of members of your family are tied to yours meaning that their residence permits stand cancelled when you cancel yours. This means that when you exit the country to come back on a new visa you have to exit with them. However when you are returning on a new visa you have to return alone. Your family can only be invited to join you only after you return to process your papers and acquire a residence permit.

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Kindly clear my doubt, my brother’s visa issued dated 12/02/2018 after that the NOC rule was introduced, so in this case NOC is required for residency/ Iqama or not?

Name withheld

Answer: If your brother requires an NOC in accordance with the new rule, and is yet to process his paper, he will definitely have to get the NOC from Kuwait Engineers Society. It doesn’t matter that your brother’s visa issued before the new rule was issued.

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