Legal Clinic

  • Residence transfer from company to company

    I have been working in a construction international company in Kuwait for the past four and half years. They have now given me a release to transfer to another company. And I have got a good offer from the company. My question is, is it possible to transfer my residence from company to company? Or do I have to pay KD 350 to transfer?

    Name withheld

    Answer: You don’t have to pay anything for the transfer because you are working for a local firm and you want to transfer to another company. You have also got the release. That’s all you require in the private sector after completing the mandatory requirement of working a certain period with your current firm. Had you been working on a government project, that would have a different story all together.

    Send us your queries to [email protected] or [email protected]

  • Misuse of civil id by a cheat

    I would like to thank you for all the legal advice that you have been giving to the readers… I recently read the issue regarding the Civil ID use by another person to purchase an electronic gadget. My wife has been affected by a similar issue. She had applied for a job earlier and given a copy of her Civil ID to the company where she applied.

    Somebody used the copy of her Civil ID to purchase products from a telecom company and now this company is asking us to pay for the purchases. My wife went to the telecom company and they said they would investigate the matter.

    My wife went to the telecom company a number of times and we even told them that we were outside the country at the time the purchases were made. They have now had a travel ban slapped on my wife. Will the case or the travel ban affect the renewal of my wife’s residence? (Visa 18) because her residence will expire on Jan 23, 2017… we are planning to fight back but we are afraid that her company will have a problem to renew her residence. Seeking your advice.

    Name withheld

    Answer: The ban will not affect the renewal of your wife’s residence nor should her company worry about … it will not have any problem in renewing the residence. The travel ban means exactly that —your wife can’t travel out of the country. It doesn’t affect any other transaction in Kuwait, so you don’t have to worry about anything nor does her company.

    Send us your queries to [email protected] or [email protected]

  • Transferring of wife’s residence to husband – Salary is below KD 450

    I am working in Kuwait and so is my wife. We both are on visa Article No: 18 (work). Now my wife resigned her job and I want to transfer her visa to family visa.

    My salary is KD 350. I have a daughter also and she is already on my sponsorship.

    Now my question: will the new rule allow me to transfer my wife’s visa to family visa on my current salary, considering that she is already in Kuwait?

    Name withheld

    Answer: This new rule is certainly creating a lot of doubts … although the Immigration Department is strictly enforcing it, the head of the Immigration Department has the power to waive the KD 450 limit in cases like yours.

    First of all, it is quite possible that your wife might easily get the dependent residence but just in case your application is rejected, submit an application to the head of the Immigration Department and very likely your application will be accepted.

    Send us your queries to [email protected] or [email protected]

  • Salary on work permit is different to what I am getting – Can I apply for driving license

    Thank you very much for giving residents of Kuwait a chance to share their problems and issues and accordingly providing feedback and/or solutions in the light of Kuwait Law.

    I have been living and working in a private company in Kuwait since 2008. Although having a Master’s degree and working as an administrative supervisor (Almushrif Al Idaari), my basic salary (mentioned on Izane- amal — work permit) is KD 355 per month whereas the company is paying me incentives per quarter with my total earning crossing KD 600 per month.

    My question here is “Am I able to apply or get Kuwait’s driving license”? If no, would you possibly give me some suggestions in this regard? Moreover, I seek your suggestions for the below-mentioned thoughts:

    ■ One of my friends told me to visit and apply for a license at the Traffic Department but I am hesitant to do so.

    ■ Will I be able to apply for a license if I request the company (not sure if company will approve) to change my designation from Administrative Supervisor to Sales Account Manager?

    Name withheld
    Answer: It doesn’t matter what you are earning, it is only the salary mentioned on the work permit which is accepted by the Kuwait Traffic Department. So, the best way would be to change the salary on the work permit whenever your residence is renewed or transferred. About the change in designation, the only way you can get a waiver on the salary issue is if the designation on the work permit is one of those which are exempted from the salary limit. Managers are on the list but it is totally at the discretion of the Traffic Department to accept or reject your request.

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

  • Salary cap and age limit to bring Parents & Parents in-laws to Kuwait on visit visa

    I would like to know the age limit and salary cap to get visit visas for my parents and parents in- law as per the Kuwait new law.

    Name withheld

    Answer: For parents (this includes the parents of both the husband and wife) a person should be earning KD 500 a month and the parents should not be over 50 years old.

    This age limit can be relaxed by the Director General of the Immigration Department in case of “special circumstances”.

  • Residence for baby born in Kuwait – Parents earning less then Kd 450

    My husband and I are earning less than KD 450 and I will deliver my baby here in Kuwait in the month of January, so my questions are.

    Is there a salary cap for applying for a visa for my baby in the new law 2016 while we are both under Visa 18.

    If I can’t make visa for my baby, what will happen?

    Name withheld

    Answer: Residency for a newborn child is easy to acquire, there is no salary requirements or visa article exceptions. As long as both parents are in the country, the newborn child’s residency can be sponsored by the father.

    On the other hand, if either parent is registered under “Domestic Labor,” the child will be deported alongside the mother or father or both, back to their native country.

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

  • Indemnity after 18 yrs of service

    I have completed 18 years with my current employer and am signing a new contract. I want to know what will be my total indemnity based on my KD 500 basic salary.

    Name withheld

    Answer: The following is the calculation of your indemnity:

    Salary: KD 500

    Service: 18 years For the first five years 15 days for each year = 75 days but these days must first be divided by 26 (working days in a month) = 75 / 26 = 2.88 months salary For the rest of the service, one month’s pay for each year = 13 months pay

    Total indemnity = 2.88 + 13 = 15.88 months pay = 15.88 x KD 500 = KD 7,940

    So, KD 7,940 is the amount you are entitled to after 18 years of service.

  • Visit visa for Mother-in-law

    My salary is KD 900 and I am working in Kuwait on a work visa. My wife and child are on dependent visas and have gone on vacation to India. While my family is coming back to Kuwait soon (they are still on dependent visas), I also want to bring my mother-in-law to Kuwait along with them on visit visas. Can I get a visit visa for my mother-in-law. If so, please let me know the procedure & requirements.

    Name withheld

    Answer: You won’t be facing any problem in getting the visit visa for your mother-in-law because you are earning much above the salary cap of KD 500 set for this purpose. You must fill an application and attach to it copies of your and your wife’s Civil IDs, rental contract copy, your mother-in-law’s passport copy, work permit (which shows a salary of at least KD 500 or over) and an affidavit (attested by your embassy and the Kuwait Foreign Ministry ) which shows your relation with the person you wish to call.

    Submit this application to the Immigration Department of your area and you should get the visit visa easily.

    But you must remember that the mother-in-law should not be over 50 years of age although this age limit can be relaxed by the Director General of the Immigration Department in case of “special circumstances”.

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

  • Letter of experience after Termination

    I was terminated and I will get the termination benefit as per Kuwaiti law. I requested my manager not to terminate me. Instead of terminating I will submit my resignation. So, I have given my resignation letter and my manager released me on the same day. Now I will get all termination benefits. Can you please let me know if he will give me a relieving and experience letter?

    Name withheld

    Answer: If what you meant by “relieving and experience letter” is a letter of explanatory recommendation, then in accordance to the labor law, an employer is not obligated to issue a non-financial beneficial letter to a terminated employee.

    This matter is entirely up to your employer and your standing relationship with him/her. If what you meant was a letter of termination, then yes you should receive one, although a lot of people don’t bother with it.

    On the other hand, if these are not what you were referring to, you could always request that letter or a copy of it whether it is mandatory for them to issue it or not from your employers. If it is mandatory, but they refuse to give it to you, you can easily file a complaint at the Ministry of Labor and Social Affairs.

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

  • Driving License change from Housewife to a Teacher

    I got my driving license as a house wife in December 2011 for ten years. I am going to change my residency to teacher soon. Will this affect my license as I have seen in your previous answers that licenses issued before April 2013 are not affected.

    If my license remains valid still after changing my profession do I have to inform any authorities about this issue.

    In case if it gets invalid can I apply for new license as you mentioned that teacher’s profession is exempted from two of the requirements (residency and salary conditions). My salary is KD 250.

    Name withheld

    Answer: It is true that instructions in this regard clearly state that licenses issued before April 2013 are not affected by the decision on the change in work status. So, theoretically you should have no problems but sometimes the person sitting at the counter just says “No” without realizing that people like you are allowed to keep their licenses even after the change in their designations.

    And yes, you have to notify the Traffic Department about the change in your status as the same changes have to be made on the license. But if your license is cancelled you will have to wait for two years to reapply for the license unless you get an exemption from the head of the Traffic Department in your area.

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

Back to top button

Advt Blocker Detected

Kindly disable the Ad blocker

Verified by MonsterInsights