Legal Clinic

  • Pakistani husband deported wife trying to get pardon; Wife on parents residence

    I am using my husband’s ID. My husband was jailed in February because his iqama had expired 10 days before he was checked and detained. He was kept for 10 days in jail and on 11th day the Interior Ministry officials took his fingerprints and deported him to Pakistan.

    My question is that, will he be forgiven or is there any way that I can try to get a pardon for him. We got his history from the Ministry of Interior and on their website the following words: intiha iqama and mamnoun were mentioned against his name. I am on my parents visa Article 18 along with the 2 children

    Name withheld
    Answer: First of all you must understand that any person detained and deported for violation of Kuwait’s residence rules is not allowed to return to the country for at least one year because he is banned from re-entering the country until the ban is lifted.

    After a year has passed you can apply to the Ministry of Interior to have the ban lifted but it is very unlikely that officials will agree to lift the ban in view of the strict attitude of the ministry officials on the issue.

    Secondly, even if the ban is lifted you must remember there are various “restrictions” on the issuance of visas to Pakistanis as any application must go through the State Security.

    In view of his detention for the residence violation, it is very unlikely that he will be able to get the required clearance for the issuance of a new visa. And lastly no pardons are issued in such cases.

    Simply put, there is currently no way for you to get your husband back into Kuwait. You also need to be careful of your own residence status because parents are not allowed to sponsor their married daughters unless special permission is obtained from the Ministry of Interior, through the Immigration Department.

  • Factory visas are still not transferable to any other area except factories

    I have been working at a private company for the last 4.25 years. Now I have got a new offer from another company. I need to know if there will be any issues in transferring my sponsorship since there is a restriction while I have heard transferring is possible from factory to factory.

    In this case how can I get to know my visa is factory visa or not? I am under the article #18 visa type. Also, actually my current company is a manufacturing facility but in the name of the company “factory” is not mentioned.

    Please let me know how can I find out from either the Civil ID or work permit if my visa is a factory visa or not? Is it possible to pay KD 300 for such a type of transfer? Kindly I need your great help on this as soon as possible since I need to sign the new contract.

    Name withheld
    Answer: First of all, factory visas are still not transferable to any other area except factories. Secondly, it doesn’t matter if the word “factory” is mentioned in its name or not. There are hundreds of factories in Kuwait which do not have the word factory mentioned in their names.

    Secondly, to check what sort of Article 18 visas, your mandoub (company representative) needs to check with the Public Manpower Authority / Ministry of Social Affairs and Labor. It can easily be done online by your mandoub.

    And lastly, the news about transfer of factory visas has turned out to be false after a denial of the same by a senior official of the Ministry of Social Affairs and Labor.

  • Employees problems

    I am writing to the Arab Times because I need advice regarding my employment status.

    Here’s my story:

    Company A and company B went to a certain country to recruit employees. Company A is a manpower agency that has a contract with company B. Company B is a government institution and the employees work in the said institution. Both companies are from Kuwait.

    Company A sought help from a local manpower agency to supply employees. The employees were asked by the local agency to sign a provisional job offer from Company A stating that the employee would work for Company B under Company A with free housing, etc.

    The offer was for 2 years. Fast forward to 2 years, company B decided to extend its contract with company A. Both companies also failed to give the employees another contract for the extension. This time company A no longer provided its employees visa 18 rather has given them visa 14. When asked, company A said it due to contract issues with company B. After issuing visa 14 for 3 times, company A stopped giving it’s employees visa while holding unto the latter’s passports. A month ago, the employees asked Company A for the status.

    Company A said that because of the contract with Company B having signature problems and such, they are unable to process the necessary documents for the procurement of visa. Also, Company A said that within a week they will be able to provide the employees visa even if it’s Ramadan. So, Company A advised the employees to wait.

    After a few weeks, the employees learned that they can have visa provided Company A pay the penalties incurred. However, Company A insists that Company B should shoulder the expenses. Now the employees are caught between the disputes of the 2 companies, waiting for legal papers while fearing deportation, not to mention 2 months without financial compensation. Company A said it’s because Company B hasn’t paid the former yet but the latter said it did. When asked if an employee can be released from this contract and join another company, Company A said that the employee can submit a resignation letter but the employee must pay for the months remaining in the said contract.

    Then the company can provide a temporary visa for the transfer. Recently, Company A said that:

    (1) they can no longer provide the employees any visa and

    (2) employees have an option to stay with Company B under a new agency if they wish.

    My questions are:

    1. Are the employees considered to be under project visa?

    2. Can employees ask for a copy of the extension contract? It is clear that only both companies have a say with the said extension but is it possible for an employee to ask Company A for a copy for proof?

    3. Are the employees, in any way, responsible for paying the penalties and fines if neither company pays the fees?

    4. In this case, can an employee transfer to a private company not related to the 2?

    5. Say, an employee wishes to stay in Company B under a new agency can the new agency process documents even without visas? Who should shoulder the penalties?

    6. The new agency said that employees who wish to transfer must pay KD 300 for the transfer fee. Is it true? Even if it’s the same work-company?

    7. (a) Is it possible for an employee to end the contract and return back to his country? (b) Will the employee pay any penalties then? (c) Will the employee be able to get proper documents like employment certificate, no objection certificate and police clearance?

    Name withheld
    Answer: We can’t really say what sort of residence you have because you are working for a private sector firm which has a contract for some work at a government institution.

    Similar is the case for cleaning workers. So, you could be on either sort of visa. You need to check with either of the companies. If it turns out that you have a private visa, you won’t have trouble transferring to another firm at the end of your contract but if it is a government residence, then you can only extend your residence in the same company or transfer to another firm which gets the same contract.

    In fact you can transfer, after a mutual agreement between the various parties to any company which gets the same contract. And yes, it is your right to see whatever contract you are made to sign on the extension of the residence although you gave no right to see the contract reached between the two companies.

    On the issue of penalties and fines, the employees are not responsible for these and the same have to be paid by either of your employers. Even if there is any transfer fee involved, the same has to be paid by your company, unless you resign from your current employer.

    By the way, the transfer fee to another government project with the same sponsor is KD 200 while it is KD 300 only if you transfer to another government project with a different sponsor.

    If you remain with the same sponsor he has to pay the fees although a different sponsor may require you to pay the fees while the law calls for the sponsor to pay the fees in both the cases.

    And lastly, an employee can leave the company on completion of the contract but if he wishes to leave at any time during the contract he could be asked to pay an amount equal to his salary for the remaining part of the contract. And on the issue of the certificates, he is entitled to the service certificates but the employer may or may not grant him the no objection certificate (NOC).

    The employer is under no obligation to do so and if he does not, you will have to leave the country and return to the country on a new visa because government visas can’t be transferred even to another government project without the NOC. For the Police Clearance Certificate you have to apply to the Ministry of Interior office in Dajeej, Farwaniya.

  • Bachelor ‘invasion’

    I was living in one of the most peaceful residential areas an expat could dream for the last 12 years. I am talking about Block 1, Abu Halifa.

    In the last few years, a lot of new buildings have been constructed and almost most of them have been turned into labor camps. Right now, in front of my building, there are three huge labor camps housing thousands of bachelors.

    We have totally lost our privacy and we hardly go down anymore feeling conscious of the fact that a lot of people are staring at you.

    I was born and brought up in Kuwait and have been in this country since the early 70’s. But now a peaceful residential area, where most people are well placed expats working for the oil companies, is slowly being transformed into a another Hasawi … which is heartbreaking.

    How can the authorities permit such things to happen in an area where families have lived for decades? We feel threatened, and a once serene block has now become a hangout for bachelors. We now no more send our teenage daughters down to play. You will only understand our pain if you were living in our block.

    On one side they talk of evicting bachelors from residential areas and on the other hand flood in thousands of laborers. Is this just ? Why aren’t our values and concerns respected?

    Name withheld
    Answer: The situation is really deplorable but this is only due to the fact that some landlords are renting out their whole buildings to companies who employ hundreds of bachelors. While there is a law against renting out flats in family areas, there is no law in renting out the same facilities to companies.

    Having said that, there is, however, a law which says that bachelors can’t live in the same areas as families. But the problem here lies in the families not complaining to the concerned authorities against the “invasion” of bachelors into their areas. The bachelors themselves are not at fault but the companies which have housed them.

    The Municipality also, for various reasons known to all — even members of the Parliament, sometimes turns a blind eye to such housing … but this doesn’t mean you should keep quiet. The Kuwait government has, over the last few years, started taking action against such occupancies provided there is a complaint from the families. So, the best thing to do is for a number of family representatives to complain to the Kuwait Municipality in the area against the problems they face because of the bachelors in their area.

    The Municipality is required to take action on such complaints because all the labor camps have to be away from the family areas… regardless of the fact if the bachelors are housed in a single building or several such groups of buildings.

  • Landlord problems – Villa rental

    First of all I would like to appreciate your service as it helps a lot in understanding the Kuwait laws. Getting further, our house owner has been creating problems for us.

    We stay in a Kuwaiti villa, the owner lives in the lower portion of the house where we shifted almost 2 years ago.

    Now he either wants the house vacant for unknown reasons or a KD 650 rent (currently it is KD 450).

    The landlord has warned us that if we do not vacant the premises in 2 months he will cut the electricity and water supply.

    Also, he has removed our main house entrance door and has occupied our car parking space. Also, he had given us a space for store which he now wants emptied … else he will throw everything out. What should be done in such case?

    Name withheld
    Answer: You have a strange problem — because complaints here can be a double-edged sword. If you have a rental contract, you can always go to a Rents Court in your area and file a complaint but all that will come to nothing if the landlord just says he wants to have the space vacated because he wants the whole building for himself and his family.

    If the landlord, however, takes a different stand — which he won’t — you could be lucky as he can’t raise the rent for 5 years from the signing of the contract.

    So, it doesn’t matter what the law says on the issue — as you are living in the landlord’s villa — you will have to peacefully negotiate the issue with your landlord.

  • Visa for parents

    I am in India and daily read the Legal Clinic column of your newspaper. I wish to get your advice on following problem, which you may or may not print it in newspaper.

    My son landed in Kuwait on 15/7/15 to work in the KOC as a drill engineer. From 14/7/15 the Kuwaiti government banned parents visa.

    At the time of interview for KOC and at the time of departure for KOC and at the time of resigning from old company of India we were unaware that parents visa had been banned in Kuwait. I am a retired bank manager, 63 years old and living alone after the death of my wife.

    Due to old age I have to depend for everything on others and there is nobody to look after me. I have also brought this problem of parents visa to my government as well the Kuwaiti government but there has been no reply from either side. Now please suggest how I can get a parent visa.

    Name withheld
    Answer: Unfortunately, there are a lot of restrictions on the issuance of visas for parents and current the issuance of all types of such visas has been suspended but you never know when this suspension could be lifted.

    So, all you can do is wait for the authorities to pass another decision to lift the current restrictions which have been in place for almost a whole year.

  • Previous company involved in Visa Trading – Having problem to transfer

    I am a Filipino who has been working in Kuwait for almost 10 years. Currently I am facing a difficulty in transferring my iqama to another company as my previous sponsor is involved in a visa trading. The Labor Office has blacklisted him and he is now an outlaw and nowhere to be found.

    I filed a case in shoun (Ministry of Social Affairs and Labor) in order to get a release. During the entire process in shoun my sponsor didn’t show up even once due to the fact that he has a case in MOI for being involved in visa trading.

    In short, the shoun refused to grant my request. I have appealed against the case in the main shoun office and am waiting for the decision. Please advise on what should be my next step in case I lose again.

     

    Name withheld
    Answer: The only thing that you can do, if your appeal is again rejected, is take the case to court. There is no other way out of this situation unless the government declares an amnesty period –of which there is no news so far – in which people are allowed to correct their status.

  • Mother sponsoring new born

    I am an Indian married to a Portuguese citizen (European national). I am pregnant and due in October this year.

    My husband is a businessman and keeps visiting me in Kuwait time after time, he takes visa on arrival since he has no Kuwait residency.

    My question is that when my child is born can I sponsor the residency for my child? I have my husband’s name added to my passport and we both have legal marriage documents.

    My husband can give an NOC to the Kuwait ministry requesting them to allow me to sponsor the visa for our child.

    I am currently earning a KD 400 + salary and have Article 18 visa. What is the correct procedure? I really need big help to get this information.

    Name withheld
    Answer: According to the Kuwait Law only the father of child can sponsor the baby of the dependent except in some very rare cases in which permission / waiver is obtained from the Director General of Immigration himself and no one else.

    So, we don’t think you will be able to sponsor the child unless you obtain that waiver. Please also remember that unless you get this waiver/permission to sponsor the baby, you will have to take the child out of the country (with the permission of the Immigration Department) within 60 days of its birth or you could run into some serious legal complications.

  • Service … restrictions

    I had worked for a company for 12 years before I resigned (to get my indemnity) and they had rehired me locally. My contract says all conditions stay the same but I have to stay at least 1 year with the company. I will complete 1 year in November. My questions are as follows:

    1. Can I resign in August (with 3 months notice). Will that be computed as 1 year in November? Is the 3 months notice included in the count of 1 year?

    2. My contract says that I cannot transfer to any similar field. Is that legal to prohibit me from getting a job of my experience or just a bluff?

    Name withheld
    Answer: First of all we would like to refer you and your company to Article 44 (d) of the Kuwait Labor Law which clearly says the three month notification period is to be counted in the service period … for all purposes.

    So you can resign on a certain date in August which will see you complete your year of service with this company in November. You should have no problems in this regard.

    On the second question, you are the one who accepted the condition. Moreover, the law allows the current company to request the Ministry of Social Affairs and Labor to not transfer your residence or even issue you a new visa for a competitor for two to three years.

  • Residency for son till 21 years

    At the outset please accept my sincere good wishes and appreciation for the yeoman service being provided by you to needy and helpless persons. I need your kind guidance on the following matter:

    I am employed in a Govt of India firm and came to Kuwait in September 2015 on a transfer from India. I got the Civil ID done for my wife (not employed). I have only one son, during that period my son was busy with his exams and couldn’t bring him.

    Now his exams are over, and wish to get his residency done, as he can visit us frequently. He is aged 18 years, studying.

    Various websites are indicating that boys can get residency up to 21 years. But my colleagues say it is only up to 18 years of age. But everywhere it is mentioned as 21 years.

    Kindly let us know the actual rule and procedure, so that I can plan for the residency of my son.

    Name withheld

    Answer: There has been no change in the rules so far and you can still sponsor your son as a dependent until he reaches the age of 21, although — for no reason — sometimes some immigration officials reject applications of sons over 18.  But you should not face any difficulty in getting the dependent visa.

    You should have the following documents at the time of applying for the residence at the Immigration Department in your area.

    1. Passport copy of your son

    2. Civil IDs of you and your wife

    3. An affidavit, attested by your embassy and Kuwait’s Ministry of Foreign Affairs in Shuwaikh confirming your relation with the person for whom you want the visa.

    4. Your flat rental contract

    5. Your work permit (showing you earning a salary of at least KD 250) Just attach these to an application and apply for the visa

    6. Birth certificate of your son (translated into Arabic and endorsed by your country’s Ministry of Foreign Affairs, your embassy in Kuwait and the Kuwait Foreign Ministry in Shuwaikh)

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