Legal Clinic

I’m from Romania. I work in a local hospital as a technician and have completed my 3-year contract. The hospital has decided not to renew my contract, and the last day will be Dec 25, 2016. My passport will expire in 2020, while my residence will expire on 13-8-2017. Now they are forcing me to transfer my residence within one month. Is this correct? What’s your advice?

Name withheld

Answer: No, this is not correct. In fact the company has to give you enough time to transfer. It can’t ask you to transfer before the end of the notice period. After the notice period it has to give you enough time. In fact, the Ministry of Social Affairs and Labor allows you stay on the residence of the old company during the probation period with the new company. If your company keeps bothering you just file a complaint with the Ministry of Social Affairs and Labor through the Labor Office in your area.

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Long-term resident of Kuwait under the sponsorship of a private company wants to know the requirements, procedure and the contacts for self-sponsorship.

Name withheld

Answer: You are talking about Article 24 of the Kuwait Residence Law which allows self-sponsorship under various conditions.

This article has been put on hold for a while until the National Assembly approves the new proposal in this regard … well it’s already been over three years since the proposal for a new law on the subject was sent to the Assembly and it seems it is not a priority since it has never been on the weekly agenda.

In view of the latest moves to cut down the number of expatriates in Kuwait and to ensure the health system in Kuwait is not overburdened it has become less important but you never know … it could be taken up some day.

Initially it was used only for expatriates with trades which required special skills like tailor, barber, carpenter etc but even this was stopped many years ago( although the people who got this residence years ago ensure it doesn’t expire).

Now again talk has started to allow expatriates to sponsor themselves. The conditions being mentioned are that the expatriate should have spent at least 25 years (continuously) in the country, should be over 60 years, have at least KD 10,000 in the bank, should have a crimefree stay in the country and should have been owning a business for at least two years or earning at least KD 500 per month… this is in addition to having high academic qualifications.

The expatriate who gets sponsorship under this article will be allowed to sponsor his family and also domestic servants. Having said all the above, implementation of the above article is very rare for one obvious reason — a lot of changes have been made to this article and as such this article needs to be again passed by the National Assembly if self-sponsorship is to be allowed under the above conditions. So, all you can do is wait for the new (reconditioned) article to be passed … until then you could try and get self-sponsorship if you are from one of the above trades.

This residence is granted by the Ministry of Interior (through the Immigration Department from whom the relevant applications can be obtained).

Current procedure (changes awaited):

1. Fill in the residence application and sign it

2. Attach copy of the entrance visa on your passport when you entered Kuwait for the first time

3. Attach a health certificate which certifies that you are free of any disease

4. Attach 2 photographs with blue background

5. Attach original passport

6. Provide proof that you can support yourself

7. Submit to the Ministry of Interior (through the Immigration Department in your area)

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Since 2012 I have been working as an engineer in Kuwait. Now I am trying to bring my family here. Recently I read the news that expatriates need a minimum KD 450 salary on their work permit to get a dependent visa for their family. I have an engineering visa and on my work permit it is mentioned that I have a KD 400 basic salary. Is that a problem to bring my wife to Kuwait on a dependent visa?

Name withheld

Answer: If you had read the news carefully, it was clearly mentioned that you must have a salary of at least KD 450 mentioned on the work permit. It doesn’t matter how much you are earning, if the salary on the work permit is less than KD 450 your application for a dependent visa will be immediately rejected.

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Firstly, I would like to thank you from the bottom of my heart for always giving me your expert advice regarding Kuwait laws and procedures. Your advice has helped me immensely.

My question to you this time is as follows. I am in very deep trouble regarding my visa cancellation.

In May 2016, I had cancelled my existing majra (factory) visa and returned to my home country as my company promised me to get me a new visa. But when they applied for a new visa my previous sponsor’s name was still showing in the system.

When I checked, I was informed by the company mandoub (representative) that my previous sponsor hadn’t cancelled the previous visa … that is the reason why it is still showing in the system.

I requested my Kuwaiti sponsor to cancel the visa by processing the documents but he is not doing it and just keeps telling me that he will do so after two days and this has been continuing for 4 months.

Is there any other way by which I can cancel my visa or any other option to get my visa cancelled. My company has given me 15 days ultimatum to complete the process.

Name withheld

Answer: You will not be issued a new work permit until the previous is cancelled and this can be done only by the company itself, through the company representative. Go to the company and talk to the company representative. It just takes a few minutes to get the work permit cancelled.

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Today I went to the Traffic Department in Ahmadi for my wife’s driving license. We met all the eligibility criteria (3 kids and 1 school certificate) The Traffic Department manager, however, told me that they do not issue driver’s license to engineer’s wives anymore. Upon my request, he advised me to try at the Asma (Capital) Traffic Department. Please confirm if there is such a law and how my wife can get a driving license.

Name withheld

Answer: There is no such law/ decision (according to our information) which says that wives of engineers can’t receive driving licenses. So, you better contact the Asma Traffic Department.

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

My question is if my residency expires will my driving license be cancelled or not. I have joined a new company and my residency expired on Oct 23. The paper work for changing residency started now only. I am worried if the new company is unable to stamp residency before my residence expires my driving license may be cancelled. The driving license is valid until February 2017. If I get an extension of residency for one month will that help in avoiding cancellation of license. Please advise.

Name withheld

Answer: Yes, the extension will help because as long as you have legal residence, permanent or temporary, the license will not be cancelled.

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I have been working in a well known company for the past one and half years. They have now terminated me and given me the release to transfer to another firm. And I have got a good offer from a company (which is not a factory). But the problem is my visa was with a factory and I have an engineering degree certificate which has been attested by the Kuwait embassy.

My question is whether is it possible to transfer my residence from factory to company?

Or I have to pay KD 350 to transfer?

Is the degree certificate an additional advantage for transfer?

Kindly please update me on the current rules and possibilities to transfer my residence.

This will be very helpful for me as I don’t have much time.

Name withheld

Answer: Unfortunately for you the factory visa can’t be transferred to any other sector regardless of any payment. It also doesn’t matter these days what education you have. So, no transfer.

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Thank you for the big help in answering all queries, on various aspects of the law, that concern everyone.

I want to ask the following:

1. I am on a government visa project, hired abroad, and have been with the company for 2 years. I asked my Snr Engineer for a raise in salary because my company cut around 40 percent of my supposed salary which was in the contract (oil sector). When the head office was notified the manager got angry and terminated me (no warning). I went to the HR head office and asked for a copy of the termination paper but they refused to give it to me. They informed me that the HR staff will call me and will give me a paper anytime. They also informed me that my last day in the company will be January 2017. Please shed a light on this matter.

2. As I have said I am on a government visa project and want to transfer to a dependent visa and thought of getting a driver’s license because all of my kids are here and it is necessary. Should the husband’s salary bracket be above KD 600? Or how does it work?

Name withheld

Answer: The HR Department has to give you the three-month notice (it can be both verbal or written). And as long as this verbal notice has been given there is nothing wrong with the issue.

On the issue of the driving license for the housewife, the rule says that only those housewives can apply for the driving license whose husbands meet the requirements for a driving license … which means that your husband must be earning at least KD 600 per month (one of the requirements).

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My wife will deliver our baby next month and for this reason I need to bring my mother-in-law to Kuwait. My salary is KD 500. Can I get a 3-month visit visa. If I get a one-month visa, can we extend it for one more month. Or is it possible to get a permanent visa for one year. Is there any other way to bring her for 3 months?

Name withheld

Answer: You will only be able to get a one-month visa which can’t be extended. You also can’t get a permanent visa because dependent visas for parents have been restricted and these are not being issued these days.

I keep reading your legal reviews and never thought I also would be asking for help. Please guide me.

I have been working for a private company for the past 14 months and I have been served the termination notice of 3 months.

Though the termination does not specify this move, the mandoub (company representative) has told me to transfer my residence before the expiry of three months or the company will file a missing persons report with MOI (Ministry of Interior) after 3 months.

Further, I was informed that all my dues will be cleared only after my residence is transferred.

■ What are the legal implications and can I take a stand on this?

■ Legally, am I entitled to receive indemnity, considering I have only completed 14 months?

■ Can I collect the indemnity (if any), leave pay, and, three month salary before residence transfer in case the company has a right to file missing persons report with MOI after the 3-month notice period?

■ Assuming I have not taken any leave during my tenure, will the leave salary be calculated for 14 months OR for 17 months (14 months of employment + 3 months of termination).

■ Will the leave salary be calculated Salary/26 x nos of leave days accumulated or Salary/30 x nos of leave days accumulated. The accountant states that it will be divided by 30 whereas the law says 26. What is the actual rule?

Name withheld

Answer: The company can’t threaten you by ordering you to transfer your residence within the notice period.

In fact the orders on the issue are that the company should keep your residence even while you are on the probation period with your new employer. And the report that the company is threatening to file against you is of “absconding” not missing.

It can’t do that and if it threatens you again file a complaint with the Labor Office in your area.

On the issue of indemnity, nearly all companies give it only after the transfer of residence to the new employer.

There is nothing new in this and don’t worry about the company’s threats. Fight back and complain against the firm.

Both the leave salary and the indemnity should be calculated for 17 months because the 3-month notice period is part of service.

The leave salary should be calculated by dividing the salary by 26 and multiplying the same by the number of leave days you have in balance. That is the correct rule.

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