Legal Clinic

I have been working in Ministry of Information since 2007 and my salary is 520 and I have a bachelor degree. Can I get a driving license.

Name withheld

Answer: No you cannot, as you need to earn a monthly salary of KD 600 or more to be able to apply for a driving licence. Having said this we would have been in a position to tell you if you qualify for exemption in meeting the salary requirement or not if you were to tell us your designation according to your work permit

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I entered Kuwait in June 2006 on a company visa, not a project visa. In December 2008 I got released from that company and since then my visa is project visa till now in KOC project. So, I want to know if I can transfer my visa from this project category to private company?

Name withheld

Answer: All things being equal, having entered Kuwait for the first time on company visa, the Law allows you to return to company visa after transferring to other visas like the project visa you are currently on.

Unfortunately, things are not always equal and it is possible that your application for a visa transfer could be rejected by an official who would tell you by his understanding of the Law, that you cannot transfer a project visa to company visa.

In such a situation you have to argue out your case by insisting to see a more senior officer to put your case before him.

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

Kindly go through our archives and refrain from sending repeated questions

My daughter is studying in India and is on dependent visa. She exited Kuwait on May 28, 2018. Is she required to re-enter Kuwait on or before Nov 24, 2018 (180th day from last exit) or on Nov 27, 2018 (6 months as per date of exit). Your response is highly appreciated.

Name withheld

Answer: The Law that automatically cancels your residence after a period of absence from Kuwait takes about six months. Your date of re-entry to Kuwait should be not later than November 27.

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

Kindly go through our archives and refrain from sending repeated questions

Good day! I am an avid reader of your legal clinic but I think my query has not been asked. I am working in a private company that is a contractor of KOC and the contract between them has ended. My company has terminated me on the last day of the contract without the 3-months notice and the manager said that the notice is not necessary as the contract between them and KOC has ended. Are they correct? What rights do I have? Do they have to compensate me for the 3 months? Thank you very much.

Name withheld

Answer: If at the time that you were hired it was made clear to you that you were being hired for the duration of a contract subleted to them by KOC, then the company’s explanation that they cannot keep you because of the end of the contract between them and KOC they will be within their rights not to compensate for the three months because the company themselves are out of business. If on the otherhand this disclosure was not made to you, then the company have to compensate you in lieu of the 3-month notification period. Having said this we have to add that the company have to pay you end of service indemnity in accordance with the Kuwait Labour Law.

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

Kindly go through our archives and refrain from sending repeated questions

I want to cancel my residence visa as I am joining job in another GCC country. As my family is staying with me, do I have to cancel the visa of my family also or it will automatically get cancelled after 6 months.

Name withheld

Answer: The visas of your family members are tied to yours. This means that their visas will stand cancelled if you cancel yours. Inspite of this, you will not lose anything by formally cancelling their visas after yours has been cancelled. You can never tell, may be one day you may want to return to Kuwait and not having formally cancelled your family’s visas sometime ago could be used against you.

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

Kindly go through our archives and refrain from sending repeated questions

My daughter was with me until 2016 March under dependent Visa. After her 10th standard she went to India for higher studies hoping that every six months she can re-enter Kuwait. But unfortunately she did not come back because of leave problems in her college and her visa got expired. Is is possible to bring her again in Kuwait.

Name withheld

Answer: Bringing her back in Feb 2019 on visit visa should not pose any problem so you can go ahead and make the necessary application when the time is due.

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

Kindly go through our archives and refrain from sending repeated questions

I would like to ask about my indemnity. I was working in a company for the last 10 years with the company having same issues. So the owner formed a new company and transferred our residence to the new company and I was told salary and contract remained the same. They told me it is the continuation of the employment. So my question is if I resign or they terminate me, legally (as per Kuwait Labour Law) will the company stop my service money payment.

Name withheld

Answer: The formation of the new company does not absolve it from meeting its obligations that accrued under the old company. The owner rightly told you that your contract and salary remained the same as they were under the old company. This therefore, means that if and when you resign or you are fired you will be entitled to all end of service benefits under the Kuwait Labour Law

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

Kindly go through our archives and refrain from sending repeated questions

I have been working in Kuwait for the past 6 years as hairdresser in a saloon; now I need to transfer my sponsorship to my husband who is on Visa 22. I would like to know if I can keep my driving license if I change my Vtisa 22 because we don’t have kids and we haven been married for 5 years. My husband’s salary is KD 450 and my salary is KD 600. What can I do in such a case?

Name withheld

Answer: With Visa 22, you are not expected to work and if you do, you will be committing an illegal act. This therefore, means that you cannot use your monthly salary of KD 600 as a proof of your qualification to own a Kuwaiti driving licence if you transfer to your husband’s sponsorship. As explained by you, you don’t have kids of school-going age and even if you do, you can still not keep your licence as a housewife since your husband’s salary disqualifies him from owing a driving licence. Indeed under traffic regulations a housewife can only be considered for a driving licence if her husband owns a driving licence or qualifies to own one.

Kindly send your queries to [email protected] or [email protected] Kindly go through our archives and refrain from sending repeated questions

I would like to ask if it’s possible to transfer my Visa 22 to 18? I acquired my Visa 22 last Sept 26 and I have an offer as a receptionist in a salon.

Name withheld

Answer: To be able to transfer your Visa 22 to 18, you should have been a resident of Kuwait for at least one year from the date of your first entry.

Kindly send your queries to [email protected] or [email protected] Kindly go through our archives and refrain from sending repeated questions

Recently my wife delivered twin babies in India. Now I would like to bring them to Kuwait on permanent visa. Since the babies are small and they are twins, I would like to bring my mother-in-law along with them. So, could you please advise if I can apply for the permanent dependent visa for my mother-inlaw. If yes what is the procedure. My basic salary is more than KD 1000/-

Answer: Unfortunately, under the Kuwait Labour Law, you can only sponsor your wife and children on dependent visa. You cannot, on the other hand, sponsor your mother-in-law on dependent visa. You may, however, invite her on a visit, by applying for a visit visa with one-month stay validity period.

Kindly send your queries to [email protected] or [email protected] Kindly go through our archives and refrain from sending repeated questions