Legal Clinic

Can my wife and daughter both having a family visa stay out of Kuwait for more than 6 months? If not, can I extend some how without any reason?

Name withheld

Answer: No, neither your wife nor daughter can stay outside Kuwait for more than six months without any reason. If they did they would be barred from re-entering Kuwait as their visas would have automatically been cancelled after six months stay outside Kuwait.

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Good day! I want to ask if, all Visa 18s transferable or releasable? Also how will I know which type of Visa 18 I am holding? Someone told me that there’s types of Visa 18. When I checked my residence Online (MoI Kuwait) it says I am working in the private sector. By the way my first contract is about to end so I am planning to renew it and will ask my employer in the future to release me? Thank you in advance, hope you could help me.

Name withheld

Answer: Yes, it is true there are different types of Visa 18s which are all transferrable but it must be pointed out that while some of them can be transferred across board others can only be transferred within the category under which they were issued. For example a Visa 18 issued under the factory visa category can only be transferred within the same factory category and not outside. Your Mandoub should be in position to tell you the types of Visa 18 that you are holding.

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I have been working in a company as a ‘Electrical technician’ since Dec 2017 to till date and having salary of less than KD 600 but next year will be increased to KD 600. I entered Kuwait in Dec 2017 with same profession in Visa 18. I have 2 year diploma equal to graduate (not engineering degree) Based on the information provided above, will I be eligible to obtain a driving licence after completion two years in Kuwait and an increase of my salary to KD 600?

Name withheld

Answer: The rule says you must be a university degree holder before you can apply for a driving licence. We doubt very much if your two-year diploma will be accepted as being equivalent to a university degree. On the basis of this we don’t think you can acquire a Kuwaiti driving licence even if your salary is raised to KD 600 per month.

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I have worked in my company for 3 years now and I want to take release but my visa is government contract visa. Can I get another company on this visa and also possible for them to change it to private visa.

Name withheld

Answer: If you were originally brought to Kuwait by your current company on a project visa, the law say that you can transfer only to another project visa of the same sponsor or another project visa of a different sponsor if the current project has been completed or to the general file of the current sponsor. In the case of the latter transfer you may be lucky to get a transfer to the private sector if your sponsor has no objection. In each of these scenarios mentioned, different fees are charged to effect the change involved

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I started working in my current company on November 20, 2018. And I want to take my first annual leave on September 1, 2019. Based on this, https:// www.arabtimesonline.com/ news/first-nod-to-35-privatepaid- leave-days/ my understanding is that I can take my leave as early as 6 months from my date of joining the company, am I right? If yes, it should be a 35 days paid leave, right? Your immediate response is highly appreciated

Name withheld

Answer: Yes you can take your first annual leave on September 1, as you indicated because by that date you would have put in the minimum nine months required to apply for your 30-days paid annual leave.

The 35 days you talked about was part of a bill tabled in parliament but did not see the light of the day as that aspect was shot down by the executive. We must point out that even though the permitted annual paid leave is 30 days, the worker shall be entitled to a leave for a fraction of the year in proportion of the time he spent at work even during his/her first year of employment.

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I earn a salary of KD 430 per month. I need to know how many times I can take visit visa for my wife and child in a year?

Name withheld

Answer: Under current rules and regulations, when a visit visa is applied for and utilized, the beneficiary of such a visa can only enter Kuwait with another visit visa after the expiry of six months from the last departure date. It is therefore possible to apply for two visit visas within one year provided that you do so in accordance with what rule says.

I have been working in Kuwait since October 2017. Unfortunately, I received a termination letter from my employer. I got another job but the new employer wants me to join before the completion of my termination period in the current company. The manager in the current company said that if I want to leave one month before my last working day, I should write a letter in this regard. Will my current company deduct the remaining days from my final settlement or not? Will I receive indemnity if I leave one month before my final working day? If I complete the three months termination period in the current company, will the new employer allow me to join the new company upon completion of this period?

Name withheld

Answer: If the current company agree that you can leave before the expiry of the remaining month, then you should not expect to be paid for that month only. On the other hand if they insist that you work for the full three months and you decide to stop work on your own, then you will not be paid for the remaining month in addition to the company demanding compensation from you in lieu of the remaining unfulfilled one month service. As for the new employer allowing you to join the company the 3-months mandatory notice period, all that we can say is that the decision rests solely in the hands of the new employer and the understanding you and him come to before you agree to execute fully the three-month notice period with your current company. You can’t be denied your indemnity so far as your services have been terminated but you will be called upon to compensate the company for the one month service you haven’t performed if you choose to go that route.

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I came to Kuwait on direct company visa (project visa No. 18). My profession is foreman and my salary is more that KD 600 per month. Having worked in this company for more than four years, is it possible to transfer from project visa No. 18 to private visa No. 18 if yes, could you please explain the procedures? I heard it is possible, but is that true? Kindly provide me with the correct information concerning the relevant law and regulations.

Name withheld

Answer: Under these scenarios which go with different fees charged, one can effect the transfer of visa. If you were originally brought to Kuwait on a project visa by your current company, the laws say that you can transfer only to another project visa of the same sponsor, or another project visa of a different sponsor if the current project has been completed or to the general file of the current sponsor under which if your sponsor has no objection, you can transfer to a private sector company. In short there cannot be direct transfer of government project visa to private sector company visa unless you first of all transfer the project visa to the general file of the sponsor and from here the possibility exists of transferring your visa to a private sector company visa after the payment of a fee.

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I am a dietician working in a private company. I submitted my resignation on health issues due to eight hours continues work without any break time. I can no longer bear the stress. I joined the company on Dec 2, 2018 and resigned on July 30, 2019. My last working day will be on Oct 31, 2019 (three months notice period). The company deducted KD 160 from my KD 250 salary. They told me that the total deduction will be KD 600 for visa, medical and air ticket. This will be deducted from my salary for the next two months. Are these charges legal or not? If these are illegal, what should I do?

Name withheld

Answer: If the company brought you from your home country, the demands that you work for them for three years, before you can quit their service. The KD 600 demanded from you could therefore be the cost they incurred in bringing you to Kuwait and the company will therefore not be breaking any law by making this demand on you especially if they can prove that the amount is commensurate with the amount they spent on you.

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I’m holding a Visa 18 and I have my children with me here in Kuwait, my wife is also on a Visa 18 (not dependent) with a different sponsor. Is it possible for me to bring my second wife with a dependent visa?

Name withheld

Answer: In our estimation, it is possible to bring your second wife to Kuwait on dependent visa in as much as you meet the requirement to sponsor your wife on dependent visa. It must be pointed out that Kuwait being a Muslim country does not frown on polygyny and indeed allows Muslim men to marry upto four wives.

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