Legal Clinic

Sir I have 2-year-old baby in Kuwait how can I proceed visa for baby my salary below KD 450. Also my wife working here.

Name withheld

Answer: Since both you and your wife are working in Kuwait and your salary is below the minimum required you will not be in position to sponsor your child on a family visa. Our advice to you is that as soon as practicable you must arrange to send the child out of Kuwait to save you from piling up ‘Karama’ if you have already not done so.

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I would like to know my consumer rights and the steps that can be taken with regards to a reputed online retailer refusing to deliver a product I ordered, claiming it is a pricing glitch even though I received the order number and confirmation email without any issues. They claim they have the authority to cancel my order without my consent as it is in their ‘Terms and Conditions’. I still have not even received my money back and the person who called was even abrupt and rude telling me to go ahead and file a complaint at the consumer court. Since I have no idea bout Kuwait consumer laws, I would like to know if it is worth pursuing such a matter or simply give it up and ask for a refund. Do customers have no rights at all when faced with such an injustice?

Disgruntled customer

Answer: A number of these online retailers are fraudulent even though there are some who are genuine in their dealings with consumers. Granting that the claim of a pricing glitch is correct the retailer has no business in not returning your money to you and capping this with a rude behavior towards you. We advise that you file a formal complaint with the Consumer Protection Department of the Ministry of Commerce and Industry for redress.

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My wife went to India for baby delivery on April 2. She is still in India, I would like to know exact last date of returning as per Kuwait exit law after 6 months. Moreover her visa is expiring on Nov 4, 2017 and I want to make residence process for my new-born baby after she arrived. Is it possible to make both together (wife renewal and baby residence). I have my residence until Jan 2019.

Name withheld

Answer: Your wife has to be in Kuwait on or before Oct 2. If your newborn baby is in Kuwait at the time that you start the process of renewing your wife’s residence permit, nothing prevents you from undertaking the two processes at the same time.

You must however note that your newborn baby has to enter Kuwait on a prior-obtained entry visa which you must apply for at the Immigration Department in your area of abode.

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My brother has farm visa, is it possible to transfer to company visa??

Name withheld

Answer: Yes, it is possible only to a company owned by his current sponsor. In the absence of that he can only transfer to another sponsor on the same farm visa.

Is it possible to transfer my visa (Farm) to another company as I got a good opportunity. I have been working for more than 3 years in my current company. Also I have professional masters degree certificate (Marketing) from UK and my current sponsor is making my life a hell. I have been appointed as marketing manager but the designation given me in the farm visa is electrician. The sponsor told me earlier that he will transfer the visa to his company or factory and also he would change my profession to marketing manager. Until now he is just playing a game of hide and seek with me. The salary he told me at the time of interview was KD 600 per month but he is not giving me that amount. For the past three years he has been giving me only KD 250 per month as mentioned in izne-amal. My life is becoming horrible day by day. Whenever I ask him for release or cancel my visa and I will go back home but he tells me he will neither cancel my visa nor give me release. He threatens me if I do something legal he will blacklist me and spoil my career. Please advise me what to do.

Name withheld

Answer: As you have completed three years with your current sponsor, you are entitled to a release but to another sponsor with a farm. Indeed transferring a farm visa to visa 18 is possible under current regulations but that transfer should be to a company owned by the same person who sponsored you on the farm visa. As explained above, you cannot transfer your farm visa to a company owned by a different sponsor. However, if you get a new sponsor willing to take you on his farm, and the current sponsor refuses to offer you a release, we advise that you file a case against him with the Ministry of Social Affairs and Labour through the Labour Department in your area of jurisdiction. On the other hand if you make up your mind to return to your country of origin, your sponsor cannot stop you from doing so and again the Ministry of Social Affairs and Labour can help you in that regard. As for being threatened with a blacklist by your sponsor, forget about it since it is an empty threat.

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I was reading your reply in Arab Times news paper dated Monday July 17, 2017 to one person claiming that the Indian School is charging high fees than what are approved by the Ministry of Education. My question is that my children are studying in a Pakistani School. How and where can I find the amount of school fees approved by the Ministry of Education for Pakistani schools for classes 1 to 9 and IGC classes.

Name withheld

Answer: You can get the information required from the Ministry of Education’s Private Education Department in Kuwait City (Mubarak Al-Kabeer Street)

Kindly send your queries to [email protected] or [email protected]

I have an inquiry regarding driving licence. My current salary is KD 600 and my designation is salesman. I hold a technical diploma from a university. Can I get a driving licence?

Name withheld

Answer: According to Traffic Department regulations, in addition to meeting the salary requirement (which you meet), you should have also stayed in Kuwait for at least two years and hold a university degree.

Granting that you meet the two-year stay requirement we are afraid that you are still not qualified to apply for a Kuwaiti driving licence as you hold a university technical diploma. Having said this, we are aware that some diploma certificates are equated with university degrees. So if you believe your diploma falls under this category, you can apply for an equivalence certificate from the Private Education Department of the Ministry of Education and armed with this you can apply for the licence.

Kindly send your queries to [email protected] or [email protected]

I am from India. My wife is here on a 3-month visit visa. She has already spent 2 months with one month remaining. I want know if I can extend the visit visa. Someone told me Kuwait government newly announced this extension facility to all nationalities. Is it true? I need clarification about this. If it’s true, what is the procedure to visit visa extension.

Name withheld

Answer: As per information issued by ministry of interior in second week of July 2017 visit visas only for family can be extended maximum upto 3 months (Total 3 months stay) click her for the article.

Hence you can take benefit of this and proceed to your area passport office and get your extension.

Kindly send your queries to [email protected] or [email protected]

I have completed 1.5 years in the company. I am working on “18” visa. I have found a job and planning to change, can the company refuse to give me a transfer? What are the remedies available to me?

Name withheld

Answer: If the company recruited you from your home country you can’t leave them before the expiry of three years service. On the other hand if you were hired in Kuwait you are entitled to a release as you have completed 1.5 years of service. If the company refuses to grant you a release, the Ministry of Social Affairs and Labour can compel them to do so if you file a complaint to the Ministry through the Labour Department in your area.

I appreciate and highly regard the free legal service rendered through your articles; your diligent services have been helping scores of expats. However my query follows, I work for a private sector company and working in Kuwait for last 6 months, I possess attested university degree, and I was directly recruited from India. A better job opportunity is offered to me, can I move to a different private company before completion of 1 year, kindly advice.

Name withheld

Answer: If you were directly recruited from India by the company you are currently working for, we are afraid you cannot leave them before completing three years of service despite being a university degree holder. The one year you are making mention of concerns the time frame within which non-graduate locally hired workers must spend with their new sponsors before they can ask for transfer. In fact locally hired graduates can change companies regardless of time spent.

Kindly send your queries to [email protected] or [email protected]

I have this situation. I am working alone in a retail shop for almost 3 years and this is my second employer already. I am holding 18 visa with no problem. Last May, I submitted my resignation letter to my employer and talked to him that I have decided to resign for a reason, although he is not happy I told to him that my decision is final. He just took my resignation but he did not stamp or sign as received. I followed the 3 months notice which will be end next month August, but until now he has not found any replacement for me and I did many follow ups just for my replacement since my last day of work is near.

Question, Does my employer have right to hold me or not to sanction my release even though I finish my notice period? In case problem occurs and I hope not, what will I do? Thank you and more power to Arab Times.

Name withheld

Answer: On your part, you have done all that is expected of you as per Kuwait Labour Law. It is left to your employer to fulfil his part of the bargain which enjoins him to offer you a release. Indeed he has no choice over that but if he wants to flex his muscles, you have no alternative than to file a case against him at the Ministry of Social Affairs and Labour through the Labour Department in your area.

I’m currently working for an exchange company in Kuwait. I have signed a 2 year contract with them I’m at point of almost completing my contract. Can I ask for release from my company after completion of my contract? Please let me know about the laws if I am denied release from my current company and steps to be taken after completion of my contract.

Name withheld

Answer: If the contract signed is for two years, then it means that both sides must respect its stipulations including the time frame. If after completing the contract period and the company tries to renege on its side of the bargain by refusing to give you a release you will have no option than to file a case against it with the ministry of Social Affairs and Labour thought the Labour department in your area which will compel the company to release you.

Kindly send your queries to [email protected] or [email protected]