Legal Clinic

I would like to know about the eligibility and procedure for applying for a Medical Treatment Visa for parents who are older than 50 years. And if the visa is granted what will be the duration of their stay in Kuwait?

Name withheld
Answer: Basically there are only three types of visas in Kuwait — visit visa, work permit and dependent visa. There are no medical treatment visas in the country.

We would like to point out that Kuwait is not a medical tourism destination. In fact, thousands of Kuwaitis and other Kuwait residents travel to other medical tourism destinations and are reported to spend over a billion dollars every year at those destinations.

So, you can’t get a visa for parents for medical treatment.

In fact Kuwait discourages expatriates bringing their parents into the country for medical treatment and has already fixed a lot of charges for various health facilities in case visitors need any treatment in the country.

I would like to ask about the legal calculation of my indemnity. I have been working for this company for the last three and a half years and I have already resigned. My last day of duty was April 31, 2016 and I joined the company on Dec 12, 2012. I would like to know how much will be my indemnity.

Name withheld
Answer: We can’t calculate your indemnity because you have not mentioned your salary in your question. We will, however, show you how to calculate the indemnity — using any salary as an example — so that you can do the exercise yourself. As you served for over three years but less than five years, you will be entitled to only half the indemnity as you have resigned. Had your services been terminated you would been entitled to the full indemnity.

Calculation
Service = 3.5 years
Salary = KD 100 (hypothetical)
So, you get 15 days pay for each year of service = 3.5 x 15 = 52.5 days
But these 52.5 days must be first divided by 26 (working days in a month) = 52.5 / 26 = 2.019 months pay = 2.019 x KD 100 = KD 201.900

(Please remember that this calculation is based on a hypothetical salary and not actual as the same has
not been supplied to us)

Now if your services had been terminated you would have got the above full amount but as you have
resigned you are allowed only half of the indemnity = KD 201.900 / 2 = KD 100.950

So, using the above method, you can easily work out the indemnity yourself.

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

 © Copyright 2016, Arab Times Kuwait – All Rights Reserved

First of all I would like to thank you immensely for the pro bono service extended by you through the Legal Clinic. I have a question to which I would sincerely appreciate your response.

I am an expatriate in Kuwait. I am employed and my family lives with me. I have a couple of bank accounts and would like to make a will making my wife a nominee. I would also like to include my assets back in India as well.

Can you please guide me as to how I can execute a will in Kuwait which shall be a valid document that could be enforced in Kuwait as well as in India.

Name withheld
Answer: Before we go on to detail what actions you can take in Kuwait, you have to understand what “will” actually means.

There is a misconception that the same involves a lot of legal work and must be drawn up by lawyers. Well that’s not the case. As you are an Indian, we looked at various definitions of “will” — which would directly concern you — but found the following provided by an Indian website www.vakilno1.com to be the most interesting and detailed.

It says “A will is a legal declaration of the intention of a person with respect to his property or a state, which he desires to take effect after his death.

The will is an untitled document which states what should be done with the assets, after the death, of a person making the deposition and it is a document which can be revoked, modified or substituted by the person executing the will at any point during his lifetime. For executing the will the person must be fully competent, as much as he should not be a minor and should not person of unsound mind.

The will has to be in writing and has to state that the person executing the same is making it out of his own free will and is in a sound state of mind. It has to be signed by the executor of the will and has to be attested by two witnesses at least.

The will, under the law, is not required to be compulsory registered. It can be executed even on a plain paper and it can be fully valued even if unregistered. In the event of the person desiring the will to be registered, he has to approach the office of the sub-registrar and has to be accompanied by the persons who have signed as witnesses on the said will.

The executor of the will as well as the attesting witnesses have to put their signatures and thumb impressions in the register maintained by the sub-registrar”. Well, having defined will, in view of the legal challenges one facing these days it is always better — although you can do it yourself right in your home — to have it drawn up by a lawyer and notarized.

In your case you could have the same attested and registered by both the Ministry of Justice in Kuwait, plus your embassy and also by a subregistrar in your own country in the area of your residence.

The will can be handwritten or typed but if it is handwritten then it should be done in the person’s own handwriting and then attested by two witnesses plus (preferably) the executor of the will. To give it strength, to avoid any legal hassles later, you can have it both attested and registered.

Please remember that even if the will is registered, you retain the right to make changes, wholesale if required, or even re-writing the whole thing as many times as you so desire.

And please remember one thing very important — if you don’t have a will then your assets in Kuwait will be disposed off according to Islamic sharia, according to which the wife is not the main beneficiary, and the assets also go to the sons, daughters, mother plus many other members of the family …unless, however, the heirs declare that they wish to have the case settled through the laws of their own country.

An urgent question for the Legal Clinic. I have been working for a contracting company for the past 5 years and my residence is due to expire in some days. I have come to know that due to some internal problems the company is getting a temporary residence of 3 months (Article 14, I guess) for the employees and then later getting a permanent residence for them.

My doubt here is that I have a son as a dependent on my sponsorship, holding a valid residence till March 2017.

As schools have shut down, will it be a problem for him to travel out and back into the country accompanied by his mother (she is on a work visa).

Name withheld
Answer: You could face problems once your residence expires because the duration of the dependents residence these days is linked to the residence of the sponsor i.e. the parent.

You were lucky to have done your dependents residence before the linking of the decision to link the residence of the dependents with that of the sponsor was implemented at the start of the year.

Although your son’s residence is valid until next year, the Immigration Department could easily cancel that residence once your’s expires and at the same time sanction a temporary residence for your son if you so request.

There are two things you could do to get out of this situation.

The first is to ensure that your son doesn’t travel out of the country so he doesn’t run into problems.

The second, although a little difficult, would be to apply to the Director of the Immigration Department of your area to transfer your son’s residence to your wife’s sponsorship on a temporary basis until your residence issues are settled.

If the regional director rejects your request, you can approach the Director General of Immigration – who sits in the Directorate General of Immigration in Dajeej.

Both the above officials have the authority to sanction your request. If your request is accepted, then your son would not have any problems in travelling in and out of the country.

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

 © Copyright 2016, Arab Times Kuwait

I am an Indian and my wife is from Pakistan I want to bring her to Kuwait. After reading in the newspaper that I was required to get a “No Objection” (NOC) to procure a visa for a Pakistani I went to the Interior Ministry in Sharq but they sent me instead to the ministry’s office in Subhan. In Subhan, my application for an NOC was rejected. I want to know as to what I should now. Please advise. My salary is KD 600.

Name withheld
Answer: Well, there is nothing that you can do now. Your application has been rejected by the highest authority you can approach. All you can do, regardless of your salary, is wait for a change in rules on visas for Pakistanis.

The authorities say there is no ban, only some “restrictions” of various categories of Pakistanis. This “restrictions” make it very, very difficult for Pakistanis to get the visas. Some applications are rejected outright at the visa window, while others are sent to the State Security for clearance but it is very rare, although not totally ruled out to get this approval.

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

© Copyright 2016, Arab Times Kuwait

I want to know about the new rule about residence for the new born babies. My husband doesn’t have a KD 250 salary. Will there be any problems in this case to getting residence for my baby. My salary is more than KD 250. If it possible to sponsor my baby? Please give me favorable reply?

Name withheld
Answer: Please remember that there is no minimum salary requirements for children whose both parents are already in the Kuwait and both of them are working.

In such a case the father of the child in Kuwait can sponsor his infant’s residence, irrespective of his salary level, even if both the parents are earning less than KD 250 each.

To obtain residence for the new born, the baby’s name will have to be included in father’s passport or a separate passport will have to be obtained for the infant from your embassy.

After obtaining the passport, the procedure for obtaining the residence is the same as that for any dependent but the procedure after the birth of the child is cumbersome so we will detail the whole procedure.

Before we go on, we would like to stress two things:

1. The whole procedure — including the stamping of the residence and applying for the Civil ID card — must be completed within 60 days of the birth of the child, otherwise you could face legal action, even if you miss the deadline by even a single day.

2. It is very important to remember that parents who are in the country on domestic servant visas cannot keep their child in Kuwait and will have to take child out of the country within 60 days.

They also have to complete the whole procedure – except getting the residence – before they obtain an exit visa for the infant from the Interior Ministry to take the child out of the country.

Documents required:
1. Passports of both parents. You will need the original and copies
2. Civil IDs of both parents. Here again you will need the original plus the copies
3. Marriage certificate: You need to have the original (which has to be attested by both your Embassy and the Kuwait Foreign Ministry plus you must get the same translated in Arabic which has to be attested by the Kuwait Foreign Ministry.

Procedure
Now starts the procedure which must be done quickly.

1. First return (about two or three days after the mother and child are discharged) to the maternity hospital where the child was born to obtain a pink slip from the hospital. The office timings are normally 0700 to 1200 hours only. This slip contains the name of the parents plus the location, date and time of the birth of the child. You will be asked to produce original plus copies of the attested marriage certificate, Civil IDs and sometimes even the passport. They will return the originals and keep the photocopies. They will then ask you to go to the Births and Deaths Registration Office (in Maidan Hawalli) after a certain number of days (normally it is three).

2. When after three days you go to the Births and Deaths Registration Office in Maidan Hawalli you will be required to write the name you wish to give the baby on a piece of paper in Arabic. Here again you could be asked to produce the original documents. You will then be asked to return after a week to collect the baby’s birth certificate.

3. You will now be required to have the birth certificate attested by the Kuwait Foreign Ministry (located opposite the Kuwait Club in Shuwaikh). You will have to get a KD 5 revenue stamp from a slot machine at the ministry and affix it on the birth certificate before you deposit it at one of the windows. You may be sometimes asked for the original documents. After a few minutes you will get the attested certificate.

4. Armed with the birth certificate, you have now to apply for the baby’s name to be either added to your passport or a new passport issued in the child’s name. For this you have to approach your embassy. Please check with your embassy first what other documents they require as each embassy has different requirements.

5. After receiving the passport from the embassy, you have to obtain medical insurance for the baby. You can go to one of the offices in your area. In Khaitan, there is one located opposite the Carmel School, near the clinic, while in Hawalli there is one near the Mubarak Al Kabeer Hospital. Keep all the originals/copies (including the baby’s passport and birth certificate) as you may be asked for the same. You will have to pay KD 35 as health insurance.

6. Once you have got the health insurance, you have to approach the Immigration Department in your area for the baby’s residence. Start by having the residence application typed. At every Immigration Department there are typist who will complete the application for a same fee. Don’t forget to carry all the original documents / copies (including the health card, especially the payment receipt for the health insurance, baby’s passport and birth certificate). You will be charged KD 100 for the first year of residence plus KD 10 for each year after the first one. Your baby’s residence will be pasted in the child’s passport in a few minutes after your turn comes.

7. Now comes the last part which involves getting the baby’s Civil ID. You have to go to the Public Authority for Civil Information (PACI), located in South Surra for the purpose. You may again need to produce all the original documents and provide copies. You will then be asked to check about the status of the card after 48 hours by calling 1889988. You will be told from which card dispensing machine to collect the card. This can be done both in the mornings and evenings. You will be charged KD 3, which you will have to insert in the machine, after which the card will drop into the slot.

Mabrook, by now you have completed all the formalities but please ensure all this is done within 60 days or you could face legal action. This is more than enough time …unless you take things very easy.

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

© Copyright 2016, Arab Times Kuwait

My friend has resigned but his boss has not accepted his resignation until now and the 3-month notification period will end soon.

He joined this firm on a local transfer, can he join a new company and is an email conversation considered as a proof of submission of a person’s resignation submission … how can he get a release?

Name withheld
Answer: The boss can’t refuse to accept or acknowledge the resignation, especially if your friend joined the company on a local transfer and has served the one-year mandatory period.

Please remember that e-mails are enough proof of submission of resignation and what you should do is get a transfer letter from the company you wish to join and present it to your current company for signatures.

If the company still refuses to acknowledge the resignation or sign the transfer letter, you should approach the Public Manpower Authority or the Ministry of Social Affairs and Labor, through the Labor Office in your area. You should not face any problems in getting the transfer.

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

© Copyright 2016, Arab Times Kuwait

My residency is on an Article 18 factory visa (masna), but due to some problems my residence has not yet been transferred to any company. I got the news at that time (February 2016) that as per the current Labor Law factory visa can be transfer to factories only. And company to company respectively. But now I am getting the news that factory visa can be transferred to a company visa by paying a transfer fee KD 300.

I have also heard that this “window” is only open for a month or so. Can you please give me the correct information regarding transfer of my 18 factory visa (masna) so that I can do so. My current profession is technician and my sponsor is ready to give me a transfer. Is this visa transferable (release). Please give me detailed information.

Name withheld
Answer: Yes, according to the latest news, factory visas can now be transferred — but only after expiry of the original contract — to another sponsor on payment of KD 300. We would like to add, however, that while the announcement to this effect was made by a Ministry of Social Affairs and Labor official, its application is not being carried out.

People are still being turned back by the Ministry of Social Affairs and Labor because they say it’s “only for expatriates transferring from one government project (on its completion) to another government project with a different sponsor”.

The transfers are still subject to various conditions, on a case by case basis, and totally at the discretion of the Public Authority for Manpower. Very few cases are being approved for the transfers. So far there are so many contradictions on the subject that you only really know what is going to happen when you submit your application. So, just try your luck.

I firstly thank you for the clarifications that you have been providing to all the expatriates in Kuwait and appreciate the efforts put in by the newspaper.

I am an Indian working as an engineer in a private firm on a KD 750 salary.

My query: I got married around 5 months back and have got a family dependent visa issued for my wife. I had couriered her the visa and asked her to proceed for medical formalities. On receiving her medical report from the diagnostic center, she was declared medically unfit due to a small right calcification spot in the chest X-Ray.

The approved medical center only gave her a diagnostic report mentioning her as “UNFIT – Right Apical Calcification” She was asked by the approving authorities to get another opinion by getting a detailed CT scan test to be performed from any reputed medical institution in India which they shall forward to the concerned panel of doctors in Kuwait.

Please confirm if this is true? She did the same and got the reports verified from 2 specialists from different hospitals and they have confirmed that the complete CT scan report and X-Ray clearly mentions that “even though calcification is present, there is no sign of any active infection like cancer or tuberculosis and she is not infectious to others”.

I spoke to some of my friends in Kuwait who advised that once she (my wife) is declared unfit even if it is due to some past infection which could have been probably in her childhood, the concerned screening authorities will not entertain the CT scan results and stamp her visa as unfit and she will then be banned from entering Kuwait as all her details would be there in their data base.

How can I solve this problem as there is absolutely no active infection present and I assure that any test done even in Kuwait will not show presence of any infection.

I am even ready to give an undertaking required i.e. to arrange for her to leave in case any infection is found during any medical test in Kuwait. I just want her to visit Kuwait once and stay with me even if it is on visit visa.

Can there be any way out ?

Is there any consideration shown by the screening authorities in India appointed by Kuwait government?

Should I ask her to send me her reports and have the same verified by the specialists in Kuwait and submit that report to the screening authorities in India prior to the expiry of her family visa. Please advise as I am really worried.

Name withheld
Answer: Unfortunately, there is nothing you can do. Once you have been declared medically unfit the information is entered in all the computer networks in Kuwait and you will not be able to get any sort of visa.

Health officials talk about a very lengthy procedure, involving setting up of a board, to hear appeals against being medically unfit but in practice this has never been done because “ no body will really take the pains to go through such a lengthy appeal, and that for an expatriate.

In fact, things in this regard have become so bad that if you are declared medically unfit by one of the Gulf Cooperation States (GCC), the information is shared with all the other states and you can’t enter any of the GCC countries any sort of visa.

I would like to register a complaint against an expatriate living in Kuwait. This person harassed me by sending sexually abusive messages on my Facebook messenger. I received the messages from his end on May 26, 2016 at 6:20 UAE time.

He went on abusing me by sending the messages, I then blocked him and he was not in my friends list in Facebook and I know him personally as he was my ex-colleague in Abu Dhabi, UAE.

This guy was in India jobless for about 6 months, but as soon as he reached Kuwait he started sending the very objectionable sexually abusing messages to me in Facebook. We contacted him on Facebook but instead of apologizing he is cooking up stories which are not true.

I hope you help by guiding me in obtaining the necessary action against the above mentioned in order to refrain him from abusing me or someone else in the near future

Name withheld
Answer: Please remember that you don’t need to file a complaint against this individual in Kuwait and can do so in the United Arab Emirates (UAE), which has very strong laws on the issue and doesn’t tolerate any kind of abuse on the social media.

As you are living in UAE, one of the Gulf Cooperation Council (GCC) states all you need to do is file a complaint with the UAE Telecommunications Regulatory Authority (TMA).

TMA will investigate your case and if it finds that your complaint is just, it will forward the same to police which will file a case. Once such a case involving a Kuwait resident has been filed, the UAE attorney general will forward the same to the Kuwait attorney general’s office.

According to GCC agreements, the case will be pursued by Kuwait authorities and legal action, if required, initiated against the person who is abusing you. He can’t get away with the abuse just because he is living in another country.

You can also lodge a complaint through the Ministry of Information, Kuwait, but without having anyone to pursue the matter in Kuwait it’s most likely you won’t get anywhere. So, it’s better you file a complaint with TMA and let them pursue the matter