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Sunday , November 18 2018

Company file closed – Visa on article 14 – Can I transfer to another company?

I am currently holding Article 14 visa, my Civil ID expired on Dec 6, 2017, after that my company made 3 months visa up to March 5, 2018 and in Kuwait I completed 2 years 3 months in same company, I am working as engineer in a private company under MEW.

Our project is completed and we have all given resignation/ transfer request, and our company is ready to give release. Now I got a new job offer in another private company under MEW.

About my 3-month visa, my company is saying my file is closed because that project is finished, they said my transfer is possible.

Is it possible to transfer my Article 14 visa to next company and can they process my visa under their company? As I am not aware of latest Kuwait Labour Law, please help me to clear my doubts, is transfer possible?

Name withheld

Answer: Article 14 visas are issued to people to preclude them from being classified as illegal as they go through the process of rectifying their work or residence status. Article 14 visa is therefore not a transferable visa.

What is transferable is the work permit and in as much as it has not been cancelled, it can be transferred if due process is followed. According to you, the company says your file has been closed but that they can effect a transfer to another company.

Our advice to you is to make sure that the statement your file has been closed is not the same as your work permit has been cancelled.

In this scenario you will face no problem in your bid to transfer your residence to the other company. On the other hand if closing of file means cancelling of work permit then we are afraid you may have to leave Kuwait before the expiry of your visa 14 otherwise you may be classified as illegal after its expiry date.

 

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