Legal Clinic

I am an accountant having a Bachelor of Commerce degree from an Indian university and my profession on the work is Accountant. Based on my profession I was granted a driving license on Feb 1, 2012.

Now while transferring my visa to another project the mandoob (company representative) says MOSAL (Ministry of Social Affairs & Labor) is not accepting my degree for the accountant profession. I checked with a few company mandoobs in the Ahmadi area and was told the ministry should approve my visa.

They said the mandoob should again go to the MOSAL office or to a different officer and the visa will be approved. Please advise.

Name withheld

Answer: There is only one way out of the situation and that is to approach the Ministry of Social Affairs & Labor again and request them to change their decision.

It’s not a huge task and all you need is a good mandoub to convince the ministry officials to change their decision.

You can’t force the officials into doing something they don’t want, rather the situation should be handled amicably.

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My wife is pregnant and I want a one month visit visa for my mother- in-law. My salary is KD 500+. I went twice to the Immigration Department but on both occasions they rejected my application because I am a Pakistani. So what is the way to get a visa in this case.

Name withheld

Answer: If your application has been rejected by the Immigration Department, the only thing you can do is submit an application for the same to the Undersecretary at the Ministry of Interior. He is the only one who can give you a No Objection Certificate which will allow you to get the visit visa.

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I went on unpaid vacation from Dec 20-29, 2016. I applied for this period only and returned to work on Jan 3, as Dec 30-31 was weekend. I returned to Kuwait on Jan 1 and Jan 1 was national holiday and Jan 2, 2017 sick leave. So in this scenario how will I be paid. Can my company deduct for Jan 1 and Jan 2 also?

Name withheld

Answer: Your company cannot deduct your salary for Jan 1 since it was a holiday for everybody. For Jan 2 you should have had a duly signed sick leave paper from a medical doctor. If you did there shouldn’t be any deduction but if you didn’t, the company deserves the right to deduct a day’s pay from your salary.

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I am daily reader of the Legal Clinic. I really appreciate the help provided by you on all the legal issues. I am terminated and serving the 3 months’ notice period now. I am regularly being paid KD 1,000 as salary in bank (last 11 months) and my work permit has KD 750 as salary mentioned.

Now my company says it will pay me only KD 750 for the notice period (3 months) and use KD 750 for the indemnity calculation and balance leave payment. Which one is the correct amount? The one I get regularly in the bank or the one in the work permit. Your speedy response will be highly appreciated.

Name withheld

Answer: Your company is wrong they have to pay you indemnity on your last drawn remuneration (salary and allowances) hence 3 months notice and leave balance payment should be on KD 1,000 as your bank transaction shows. If they don’t pay you, you can go to Labour Court with bank statement.

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

Can you please advise on the legality of driving license transfer from Oman to Kuwait as I am working as secretary with KD 250 salary. I have a valid GCC driving license from Oman issued in 2015.

Name withheld

Answer: As per Traffic Law Articles and Provisions, Executive Regulation No. (76/67), and Amendments you can replace any GCC states license with Kuwaiti driving license as long as your license is not expired.

Following are the documents required: Copy of the Civil ID, copy of the passport, two personal photos (4×6 cm) with blue background, blood type certificate.

Procedure: Visit the General Traffic Department in the governorate you refer to and submit the required documents. Fill the service application form. Obtain the stamp of Coordination and Follow-up Department. Have the medical check-up. Pay the fees due.

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

Me and my wife have been working in Kuwait for 8 years and we are holding visa Article 18 (work permit). My wife’s salary is KD 500 and mine is KD 250. We recently had a baby in Kuwait but we are having problems getting a visa for our son?

Name withheld

Answer: You are facing this problem because you don’t meet the salary requirement of KD 450 and couples are now — after the latest decision — not allowed to club their salaries. The only alternative you have is to give an application to the head of the Immigration Department. He has the authority to approve visas in such cases.

I am working for a private sector company. My salary is KD 250. My wife is on my dependent visa. We are expecting a baby in May 2017 to be delivered here in Kuwait. What rules will apply for my baby to get residence. I am worried if the new KD 450 rule is applied. Please tell me current status rule of new born baby residence.

Name withheld

Answer: You will not have a problem in applying for a residence permit for your baby since your wife is already on your dependent visa. The KD 450 salary cap rule which came into effect on Oct 12, 2016 is not applied retroactively.

These questions are regarding a married couple, a Spaniard and a Canadian, currently living in Kuwait. On your website, http://www. arabtimesonline.com/news/residence- new-born/, it’s stated that Civil IDs of both parents are some of the documents required to obtain a residence for a newborn. Is it possible to obtain a newborn’s residency with the father having a civil ID and the mother on a visit visa? The husband’s contract may finish shortly after the baby is born. Is it possible for parents to give birth to their child in Kuwait and then travel out of Kuwait with their newborn having a passport but no residency?

Name withheld

Answer: You can’t get residence for your child unless both the parents are residents in Kuwait. And yes, the wife can deliver in Kuwait while on a visit visa and if you can’t get residence for the baby, you will have to take the child out of the country within 60 days of its birth after getting permission from the Immigration Department.

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

I am working in a private company and my contract is a closed end contract (I can’t leave the company during the contract period). In a closed contract, is there any time period to inform the company or I can inform the company that I don’t wish to continue only a month before it expires.

Name withheld

Answer: You have to inform the company three months in advance, unless the company accepts a shorter notice, that you will not be renewing your contract.

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

Me and my husband are working in Kuwait. My salary is KD 300 and my husband’s salary is KD 110. Can we bring our 3-year-old daughter to Kuwait? Can we convert a visit visa to dependent visa. Can we combine our salaries.

Name withheld

Answer: You can bring the child to Kuwait on a visit, if you apply for the visa and not your husband. But you will not be able to transfer the visit visa to dependent visa as this can only be done for children who are two years and under.

Even getting a dependent visa for the child will not be possible as husband and wife can’t club their salaries and even if you were allowed to do so you won’t reach the figure of KD 450. The only alternative is to apply to the head of the Immigration Department who has the power to allow you to get the visa, as you are both working in Kuwait, by waiving the requirements.

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

I have one doubt: my current visa status is Article 18 but its mazara (factory). Is there any possibility of converting it into company visa?

Name withheld

Answer: According to the latest laws you can’t transfer a factory visa to a private sector company visa.

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

I got my driving license in 2013 and at that time my visa was under Article 20 and in June 2014 I cancelled my visa and went back to my home country. I returned to Kuwait on an Article 18 visa (work permit) in November 2014 as a technician.

The Traffic Department advised me that my license had been cancelled along with my visa and that I would have to wait two years for apply for a new license with designation driver. After 1 year, in 2015 I changed my designation to driver as two years had been completed. I want to apply for a driving license again as my designation is driver and I am on Article 18. Can I do so?

Name withheld

Answer: Yes, you can apply for the driving license. But you will have to undergo the driving test again. You shouldn’t have too many problems getting the license …if you pass the test.

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