Legal Clinic

I am working as a Service Manager for a Construction Equipment Company for the last 14 years. My company is in the process of transferring my residency to another project/company under the same group, as the previous project/company is closed and am provided with a temporary residency (Article 14) for the last two months.

Kindly advise:

1. Is it necessary to have a degree certificate for transferring/renewing manager’s residency, as my diploma in Electrical Engineering is rejected by the Immigration Authorities stating that they need NOC from the KES, which is impossible for engineering diplomas?

2. Can my wife travel to Kuwait while I am on temporary visa, as she is back home and her residency is valid up to September 2018? If not, can she come back using the same residency, once my visa is renewed?

Name withheld

Answer: Under the new regulations, to occupy certain positions you need to hold a university degree and we believe ‘manager’ is one of the positions. The immigration authorities say you need an NOC from KES and we have no basis to challenge what they are saying.

On the other hand, you say it is impossible to get an NOC from (KES) and without the NOC you cannot proceed to process your residence.

In short what this means is that your stay in Kuwait is about to end unless there are some new developments to change the equation; as regard whether your wife can return to Kuwait while you are on temporary visa we think she can since your residence permit has not been cancelled and is still valid.

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I have completed 1 year’s service in a company, but the company is not accepting my resignation letter. How do I proceed from here as the company is not paying overtime and no holiday.

Name withheld

Answer: If you were hired locally by the company, you are entitled to a release after one year service and if the company is refusing you this right, you can file a case against the company at the Ministry of Social Affairs and Labour through the labor office in your area to seek redress.

On the other hand if you were brought to Kuwait by this company then you are duty-bound to work for them for three years before you can resign and ask for a release.

Having said the preceding, you can still go ahead and file a case against the company if you are convinced that they are not living by the provisions of your contract or as stipulated in the Kuwait Labour Law.

For example the company is obliged under the law to give you one day off if you are compelled to work. Also any number of hours that you work over and above the eight hours as stipulated by the law then you should be paid for those extra hours. So over to you to make the decision as to whether you will file a case against the company or not.

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Due to the recent change in rule for renewing the residence visa of engineers I am not able to obtain an NOC from Kuwait Society of Engineers. Hence my company has tried to change my designation from engineer to manager, Shoun has rejected and said NOC is required. Kindly advise how can I change the designation.

Name withheld

Answer: Shoun is the arbiter and if they say you require an NOC to effect the residence renewal, we cannot advise otherwise except to say that you try to get the NOC from the Kuwait Society of Engineers.

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I always appreciate the work of the Arab Times Legal clinic. I have the following queries about the driving license. 1. What are the conditions for getting a driving license ? 2. Currently my visa status is Supervisor of safety & security team & working in KOC, am I eligible to apply for driving licence. 3. In my work permit my salary status is KD 450.

Name withheld

Answer: The following three conditions are necessary to fulfil before applying for a driving licence granting that you have not been granted an exemption from fulfilling any or all of them. 1. Have a university degree 2. Earn at least KD 600 a month 3. Must have been a resident of Kuwait for at least two years at the time that you submit in the application. We do not know if you meet the first and third conditions but it is clear you don’t meet the second condition so on the basis of that unless you get an exemption you are not qualified to apply for a driving licence.

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I have been offered a job in Kuwait, but my husband has applied for a divorce and the case is ongoing. I want to take my child along with me to Kuwait. What are the formalities and what if in child passport her father’s name is not mentioned? Will it be a problem? In my passport its single, can I take the baby with me.

Name withheld

Answer: No, you cannot bring the baby along with you because under Kuwait law it is only the man who can sponsor members of his family on dependent visa provided that the man is earning a monthly salary of KD 450 or more.

Even though sometimes women are allowed to sponsor their children on compassionate grounds, we are afraid this exception may not be applicable to you since you are yet to enter Kuwait and hence, have not processed your residence permit that will enable to seek an exemption from the Director General of Immigration.

So our advice to you, therefore, is that in the meantime you should shelve the idea of bringing your child along with you as that is not possible.

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I have been living in Kuwait since 2009. On Dec 26, 2017 I had exited the country and came back on a new visa on March 10, 2018.

My company could not complete the residency process on time due to the new NOC rule concerning engineers and they put an extension for one month. That was when I noticed that the Civil ID number on the Article 14 visa put on my passport is different from my old civil ID number.

I have the following queries:

1. Is it possible to change to my old civil ID number? What is the procedure to change my civil ID number from the new civil ID number to the old civil ID number?

2. I have read that the civil ID number remains the same no matter how many times a person exits and re-enters Kuwait. In my case what would have possibly gone wrong since my passport is not changed?

3. Will it affect when I apply for the dependent visa of my wife and baby if the civil ID number is changed?

4. Should I inform my bank about this change in civil ID number?

Name withheld

Answer: As you rightly pointed out through your reading, no matter how many times one exits and reenters Kuwait, the civil ID number remains the same as it is unique to the holder. We can’t give you a definite answer as to why this happened but we can only hazard a guess which is that it might have been a genuine mistake.

If our guess is right then we suggest that you direct your company’s mandoub to the mistake and we believe that he would take up the issue with the concerned authorities to correct the mistake if indeed it is. In the meantime, you can direct your bank’s attention to the anomaly and let them be aware you are taking steps to rectify it.

In the event you don’t get your old civil ID but all your papers are processed with the new ID then that will mean the new ID is genuine and hence, using it to invite your family on dependent visa will not be a problem.

My colleague entered Kuwait on company visa 18. He later shifted to factory visa and was there for 4 years. Can he transfer to company visa again? What is the procedure?

Name withheld

Answer: Since he first entered Kuwait on company visa (18) but later transferred to factory visa, we think your friend may have no problem in shifting back to company visa.

However, let us sound a note of caution here. From experience, there have been occasions where two different officials give different interpretations of a law.

With this at the back of your mind you should not be surprised if your colleague’s transfer request is rejected or accepted.

As to the procedure to be followed, leave that to the company mandoub as he is the one authorized to handle issues concerning workers at the Ministry of Social Affairs and Labour and at the Immigration Department.

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I would simply like to inquire how to go about posting a question in the ‘Legal Clinic’ part of the website. I have registered an account in the webmaster, however the option to request for question is not visible anywhere within the ‘Legal Clinic’ page. I have sensitive matter that requires some insight and I believe only Arab Times would be reputed enough to have an answer. Your guidance in the matter would be very much appreciated. Thank you for your cooperation and time.

Name withheld

Answer: We have clearly mentioned below every legal clinic article where to send your queries we have not mentioned anywhere that after registering on website will lead to answering of your question. However be advised that whatever you send to us will be published in the Arab Times for all to see and read, we guarantee the anonymity of questioners if they desire so.

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I would like to inquire about the new and recent procedure for family visa for my baby born in India; she is 1 year 6 months now.

When she was born my husband’s salary was not KD 450, now in his new work permit he has KD 450 salary and I have KD 250 and we both are under article 18; many of my friends are confusing me that there are some new procedures added in ministry like birth certificate attestation and need to be more than KD 450 above etc, please clear my below details.

1. Procedure and documents needed

2. Documents to be attested

3. How long it takes time will take once apply

4. How much cost? Please note I brought her under visit visa 2 times for 3 months each under my name; now I need to apply for family visa under my husband.

Name withheld

Answer: KD 450 is the minimum monthly salary required to be able to sponsor your immediate family members on dependent visa. Forget therefore about what your friends are telling you and go ahead and apply for the visa for your baby at the Immigration Department in your area and attach the following documents to the application.

1. Copy of the child’s passport

2. Copy of the child’s birth certificate which must be attested by your country’s ministry of foreign affairs or your embassy in Kuwait and the Kuwait Foreign Ministry annex in Shuwaikh.

3. An affidavit attested by your embassy in Kuwait and the Kuwait Foreign Ministry showing your realtion with the person you wish to bring to Kuwait.

4. Marrage certificate attested as in 2 above.

5. Your work permit (showing a monthly salary of at least KD 450).

6. Copies of your and your wife’s civil IDs. If you can supply all these documents, your will have no difficulties in getting the visa for your child.

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I came to Kuwait as a teacher six months ago, with a salary of KD 400. Now I want to change my profession to marketing personnel.

I obtained a licence in between (based on my valid Muscat licence). Now, if I change my profession, will may licence be invalid? Please answer the query, so I can take a decision on switching the profession.

Name withheld

Answer: If you obtained your Kuwaiti driving licence on the basis of your valid Muscat licence alone, we can dare say that you will have no problem if you switch your designation.

On the other hand if other factors were taken into consideration by virtue of your being a teacher, then we are afraid you will have difficulties in keeping your licence with a switch in designation.

Under the Kuwait Law, to qualify to apply for a driving licence you should satisfy 3 conditions:

1. Have a university degree

2. Earn at least KD 600 a month

3. Must have been a resident of Kuwait for at least two years at the time of application.

You may however receive exemption from meeting any or all of these conditions depending on your profession of which teaching is one of the professions that qualifies for exemption.

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