Legal Clinic

I am working in a government establishment in Kuwait and my family are Kuwait residents. My wife’s sister has recently passed away in India due to cancer leaving her 4-year-old daughter. Her husband is not willing to take care of the child as he got married to another woman. Now we are in the legal process of adopting that child which will take many months. As of now my wife is only taking care of the child and due to the 180 days restriction, she has to come to Kuwait by the next month. My query is whether I can apply the visit visa for that child as a relative so that she can travel with my family during their trip. She has her father’s name and deceased mother’s name in her passport as parents. Please guide.

Name withheld

Answer: Yes, you can apply for a visit visa for the child as a relative so far as you meet the salary and other conditions required for this.

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Thanks for your education on legal matters. My question is I joined a company last December but my iqama is still with my previous company. I didn’t sign any contract with the new company. As I want to quit my new job, are any legal formalities needed? Can my new company take any action against me. Please guide me. Thanks.

Name withheld

Answer: Both you and the new company are violating the laws of Kuwait by you working for a company which is not your sponsor and the company employing you without first making sure that you had sought for and granted a release by your current company.

In order not to continue breaking the law we advise that you regularize your situation by asking for a release from your sponsoring company on condition that you are qualified to ask for such a release and above all you have a new company ready to give you a job and sponsorship. As for the company you are working for now they have no claim on you and can never take any action against you.

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After 4 years of work in Kuwait in a private company with 2 years contract (automatically renewed) I gave my 3 month notification to resign. When I asked the company for indemnity for 4 years the management answered that I am not entitled to receive indemnity because I have not completed 5 years of work.

Please, can you update if there are some recent changes to the Kuwait labor law (now, 2017) for the limit of working years to get the right for indemnity.

How many years of work with an employer have to be completed to get the right for indemnity? What is the minimum limit of years that have to work to get the right for indemnity when one resigns?

Name withheld

Answer: Under the Kuwait Labour law, one has to work for at least three years continuously to be entitled for indemnity. To the best of our knowledge, no change has been made to this three-year minimum requirement to be entitled for indemnity.

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I am currently working in Kuwait on a Private Company Residency Visa and meet all sponsorship requirements. I would like to know how I can either avail of more than 2 visit visas a year for my son or get a dependent visa for him. He is 19 years old. The immigration department is refusing to give him a dependent visa as he is 19. I thought a son could be sponsored till the age of 21? Also when I go to get a visit visa for him the officer says that only 2 visit visas can be granted a year.

Name withheld

Answer: When a visit visa is applied for and utilized, the rule says that, the beneficiary of such a visa can only enter Kuwait with another visit visa after the expiry of six months from the last departure date. It is therefore possible to apply for two visit visas within one year provided that you do that in accordance with what the rules say. The Immigration Department is right in refusing to grant your son a dependent visa as he is above the 18- year age limit as required by the latest rules governing the grant of dependent visas for male children.

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Please give an advice regarding the status of my employment. I am currently employed as a nurse in Company A (private hospital) and recently just got an over Company B (private hospital). I was locally hired by company A and spent 2 years and 8 months with them.

According to the contract I signed from Company A, the duration was unlimited. Upon giving resignation to Company A, they told that they will give release but without NOC. They will hold my nursing licence as they claim that they have the right.

My question is, if they will not give me NOC, then how I can work as a nurse in Company B if the license was held up by Company A. Take note that Company A was not my first employer when I came to Kuwait. I was already holding a valid nursing license before joining Company A which was transferred through NOC by my previous employer.

Name withheld

Answer: The company granting you a release means that they have no objection to your leaving them so the question of NOC does not feature here. The only problem you will be coming up against is the intention of the company to keep your nursing licence which they don’t have the right to do. Our advice therefore is that if they insist on holding on to your nursing licence, file a case at the Ministry of Social Affairs and Labour through the Labour Department in your area to seek redress.

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I am working as a receptionist in a salon. My visa sponsor is not the salon owner but the owner of the complex where the salon is located in. Salon owner said they have a contract with the complex & that it is legal.

We are only 4 employees sponsored by the complex owner out of 11 staff in the salon. We are working 10 hours/day. Last July 17, my service was terminated before completing my 100 days probationary period. My working period for July was from 1 to 16 & I still have Public Holidays & Extra Offs.

HR of Salon told me that they will give my salary for the 16 days of July & the PH& extra offs will be paid after I transfer. They told me that they will transfer a whole month salary but the same day that I will receive it from the bank, I need to give them back the balance or else they will file absconding case against me.

At first I agreed for them to transfer a whole month salary because they said they need to do it because of Shoun reasons. But same day, I told them that they should only transfer & I should only receive in my salary account only the right amount.

Please give the right advice for me because they are threatening to file absconding case against me. Will I get a release? I have a signed copy of the termination paper. HR personnel was also insisting at first to take my ATM card. What should I do?

Name withheld

Answer: They can’t file an absconding case against you when they have terminated your services with them. Indeed they are duty bound to grant you a release. You complicated the issue by first agreeing to go with their salary transfer arrangement but later on reneging on it. We believe however, that this is not a big deal and the two parties can sort this out.

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I was unable to post my query on the website despite being a registered user. Please can you tell me the age limit of my son that I can sponsor him. I have to sponsor him till he finishes his college studies and that would be about 21 years of age. Appreciate your reply at the earliest as I need to plan and decide accordingly. Regarding daughters I understand that there is no issue. Grateful appreciation and million thanks for your prompt reply in advance.

Name withheld

Answer: Under the latest rules issued to govern residence renewals of dependence family members, male children are allowed to renew their existing residence under their parent’s sponsorship until the age of 17. This can be extended if the children are enrolled at a university in Kuwait. Unmarried female children under the age of 24 can renew their residence. From the above explanation, you can deduce that under the rules currently in force, the age-limit to sponsor a male child is eighteen and twenty- four for unmarried female child.

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Good Morning Sir, Thanks for your valuable time for answering my queries, I have been working in Kuwait private sector. My monthly basic salary is KD 700. My elder brother just retired from Government of India Service. He wants to visit Kuwait, can I apply visit visa for my brother and how long can he stay in Kuwait? Thanking you,

Name withheld

Answer: Yes, you can apply for a visit visa for your elder brother and he will have a maximum of thirty days to stay without a chance of extension.

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Reference to the above I would like to know whether it is possible for me to transfer to a new employer with the following details as shown below: Arrived in Kuwait during 2014 and got transferred to a new employer during June 2017. I have received a better opportunity from my previous company and they are ready to take me back. As my visa transfer formalities are completed, I would like to know whether it is possible for me to transfer to my previous employer without completing the stipulated time frame of 1 year with the new employer. I am a B. Com degree holder and it is attested also. If possible what the actions to be taken from my side. I am ready to give 3 months notice period, will it be enough or I will have to wait until next year? Hope to have a feedback from you.

Name withheld

Answer: As you are a university degree holder, you can quit your job and transfer to another sponsor in so far as your current employer did not recruit you from your home country, a situation under which you would be required to work for him/her for three years before being eligible to ask for visa transfer. In your current situation you are only obliged to give your employer the 3 months quit notice.

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Respected Sir/Madam, I saw your the legal clinic page in Arab Times. I am new in Kuwait with free transferable Visa 18. I just want to know how many months it will take me to transfer the visa to another company. Thanking you.

Name withheld

Answer: If you are new in Kuwait you can’t be talking about a free transferable Visa 18. This is only possible when you are a recipient of an illegally traded visa The laws of Kuwait frown upon this and woe betides if you are caught.

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