Legal Clinic

  • Hunting for Job in Kuwait

    I was born in Kuwait and spent 23 years there. Now I am in UAE with my child and husband. My husband would like to come to Kuwait on a visa and look for a job in Kuwait. Can you please advise me?

    Name withheld

    Answer: You need to approach the companies directly or come to Kuwait on a visit to hunt for a job. Once you find a job, that company can get you the work permit. If you don’t have anyone in Kuwait to get you the visit visas you can approach one of the hotels in Kuwait to get you tourist visas.

  • Dependent visa for a baby outside Kuwait; Wife on dependent visa

    If a baby was born here in Kuwait, the parents took the child to their own country for a year and have now decided to bring back the baby to Kuwait how much should be the salary of the parents?

    Name withheld

    Answer: Well in this case the father would have to be earning at least KD 450 per month to apply for his child’s visa according to the latest decision on the issue … unless the wife is already here on a dependent visa.

    In such a case, you will not have to worry about the new decision and will get the visa for your child. The decision has not been back dated and does not apply to expatriates already on dependent visas.

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

  • Salary requirement – Visit visa for Mother-in-law – Wife Pregnant

    I want to apply for a visit visa for my mother-in-law because my wife is pregnant and currently admitted in Sabah Hospital. My salary is KD 250 but I have heard of an increased salary cap. Can you tell me whether I can apply for the visa or not.

    Name withheld

    Answer: No, you can’t apply for the visit visa for your mother-in-law because you don’t meet the salary condition set recently by the new decision on the subject. According to this decision, you need to have a salary of KD 200 to get a visit visa for the immediate family (wife and children) but you need to be earning (according to the work permit) at least KD 300 to get visit visas for the larger family (brothers, sisters and parents). It also lays down the maximum age of 50 years for parents if you want visit visas for them. But you can apply for ‘special consideration’ to get their visas if they are over this age.

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

  • Forced to take leave

    I work for a prominent company in Kuwait, which employs thousands of people. I have now resigned and currently I am serving my notice period. I started the year with 40 days annual leave accrued over the last 3 years and got another 30 days for this year.

    As of my resignation date, my leave balance was 40 days and now my employer is forcing me to take those leaves (all of it) and stay at home so that they don’t have to pay for the leaves.

    They have also sent a circular across the organization, asking everyone to make their leave balance nil by end of the year.

    I wanted to check the legality of such a circular and also, if it is right on their part to force me to take the leaves especially considering that I have resigned so that they can save money in my final settlement. Also, what is the course that I can take if they continue to force me to take the annual leaves and what are my chances of success, given that my employer is one of the biggest in Kuwait with ample clout and connections at the right places.

    Please suggest me a right approach so that I can get out without creating a lot of trouble.

    Name withheld

    Answer: Unfortunately for you, Article 72 of the Kuwait Labor Law gives the employer the final say in the determination of the date for the annual leave. So, you have no option but to take that leave regardless of the situation. You also can’t complain to anyone because the law is on the side of the employer on this issue as far as determination of the date of the leave is concerned.

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

     

  • Indemnity for working 3 yrs and below

    I am a new reader of the Legal Clinic. Now I am not able to clear my doubts on indemnity, and I need your help in solving my problem. I have been working in a company for 1 year and 9 months and I am about to resign after completing my 2 years contract on January 27, 2017. My salary is KD 85 as a cook, and I need to know how much indemnity I will get in the end … and also I need a hand to help me on a step by step procedure with regards to this matter.

    Name withheld

    Answer: From your letter it seems that you are on an unlimited time contract otherwise you would not have mentioned resigning and talked only about completion of contract. If this is the case then you will get nothing as indemnity unless you complete three years service.

    On the other hand, if you were on a fixed-time 2-year contract then you will get indemnity as per your contract. You have not mentioned the terms of your contract.

    But most likely it will be as per the Labor Law.

    If this is the case, you will get 15 days salary for each of the two years of contract.

    So, 30 days pay but these will be first divided by 26 (working days in a month) = 1.15 months pay = 1.15 x 85 = KD 97.75.

    You would get the full above amount if you were on a fixed-time contract as resignation doesn’t figure in where such contracts are concerned.

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

  • Company file closed – Can we transfer residence to new company?

    Firstly, let me thank you for the tremendous work and support you are giving through this legal column. I wanted to ask your advice on an issue we are facing.

    My father is working in a private firm, visa Article 18 for the last 2 years. He was hired locally. He wants to transfer to a new company/ new sponsor. We have come to know that the previous company’s files have been closed by Shoon (Ministry of Social Affairs and Labor), under article 72.

    1. Will it be possible for him to get a release from the old company? If so, what will be the steps to be taken?

    2. Can the new company/ new sponsor take up the case with the Shoon directly regarding the transfer or do we need to approach the Shoon ourselves?

    3. His residence is valid for one more month. Will it be possible to get another temporary extension? If so, can it be done by the new company/ new sponsor?

    Name withheld

    Answer: Unfortunately, for you the Ministry of Social Affairs and Labor will not accept any transaction nor entertain you or your employer for this purpose until the sponsor gets rid of the objection for which the files were closed.

    Only once the files have been reopened will any transaction be accepted. The only way out is to take the company to court, which — if the decision goes in your favor — can order the ministry to accept the transaction. And yes, you can get another temporary extension (Article 14) through either company.

    Please remember that the Article 14 residence (temporary) does not involve the Ministry of Social Affairs and Labor and is done by the Ministry of Interior through the Immigration Department in your area

     

  • Old driving license cancelled – Solution to get new license

    I have problems with my driving license and as such I need a solution to overcome these problems. My driving license was issued in 2015 (in March) and it expired in March 2016. My profession was changed during the transfer of my iqama (residence) in November 2015 … from driver to salesman.

    Now my profession is again driver after renewal of my iqama. I just wanted to know what is the solution now to get a new license because the old one has already been cancelled?

    Name withheld

    Answer: You have to apply all over again, just as you did the first time. Normally you have to wait two years since the last license was cancelled but you don’t have to do that as your license just expired.

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

  • Visa for baby

    First of all I thank you sincerely for your legal services and clarifications. I kindly request you to clarify my below question and answer me briefly on the situation.

    My wife has a valid visa (iqama) until April 2017 and she went to India for delivery. Absenting six months from the country will cause cancellation of her visa and as per the new rule I won’t be able to get a new visa for her … but if she comes and stays here for one day (before six months) is it okay for us proceed with our old visa and can I get the visa for my baby as we both have valid iqamas.

    Name withheld

    Answer: If your wife comes back to Kuwait for even one day and renews her residence before completion of the six-month stay abroad she will not face any problems as far as her residence is concerned.

    But you might face problems in getting a visa for your baby if you don’t meet the current salary (KD 450) conditions for getting a dependent visa although there are many situations in this regard. First of all, if you meet the salary condition then you will face no problems.

    Even if your wife is already on a dependent visa you will not face any problems. But if you don’t meet the salary condition and your wife is on a work permit you might run into some problems as the couple are not allowed to club their salaries. Having said the above, the authorities take a compassionate view of such situations if both the parents are already Kuwait residents.

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

  • New born baby in Kuwait and Salary cap for dependent visa

    I have a question about the new rules? How do these affect a new born baby? Is there a minimum salary? Even if we are both here in Kuwait?

    Name withheld

    Answer: If your wife is already on a dependent visa, you will face no problems in getting the residence for your baby because here the salary cap of KD 450 will not be considered.

    But if both the husband and wife are working, there might be a problem as this issue has still not been cleared.

    Earlier, it had been announced — and was being implemented — that as long as both the husband and wife were in the country and the baby was born here, their salaries would not even be considered in the issuance of visas for the baby.

    But recently a senior official categorically said that it didn’t matter if the couple was working … the husband must have a salary of at least KD 450. He also stressed that their salaries could also not be clubbed to reach the KD 450 figure

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

  • Husband on temporary residence will it effect traveling of dependents?

    I am currently working in a private company as a Sales Coordinator. My husband’s residence has expired legally but it has been temporarily extended for a period of 1 month, as per Article 14.

    My 17-year-old daughter, who is currently studying in India and whose residence is sponsored by my husband, needs to come back to Kuwait to maintain or renew her current residence.

    Kindly advice if there is any legal issue for her to travel to Kuwait during this period of temporary residence of my husband.

    Name withheld

    Answer: As long as your husband’s residence is not cancelled, your daughter will not have any problems for her travel to Kuwait and on temporary residence your husband’s residence is not considered as cancelled.

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

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