Legal Clinic

I am working in a private company. My visa is #18A and I am going to apply visit visa (3 months) for wife and child next month. My question is that, can they travel to Saudi for Umrah (pilgrimage visit) under visit visa? If yes, please provide further advice.

Name withheld

Answer: To be issued with an Umrah visa to Saudi Arabia you should be a Kuwaiti or permanent resident in Kuwait. Your wife and child not being permanent residents will therefore not be issued with Umrah visas to Saudi Arabia.

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

I have been here in Kuwait for the past 4 years. Have completed my Masters in Business Administration post completion of Graduation Bachelors in Technology (computer science engineer). Would be glad if you could assist me on below scenarios. Have joined a company in August 2017, post probation period my residency has been transferred to that company. With the reason of restructuring the organization, management decided to terminate most of the employees.

Hence have got terminated on March 31, 2018, with the notice period of 3 months till June 2018. So, totally have worked for 11 months with that company including notice period.

Here are my queries,

1. Am I eligible for termination indemnity (for 11 months)?

2. Am I eligible for vacation salary..? (My vacation has been approved, before I leave they have terminated me so couldn’t move on for vacation.

Name withheld

Answer: Yes, since your appointment has been terminated by the company, you are entitled to indemnity to be worked on the eleven months that you have spent with the company. In addition the company is enjoined by the labour law to pay you for the one month leave that you were unable to take because of the termination.

I am a civil engineer working in Kuwait, I have a valid driving license and my Iqama is based on the Civil Engineering Profession. My driving license is going to expire on 25/01/2019, but my Iqama is valid up to 22/1/2020 and I am a member of KSE. My question is that, do I need any NOC from KSE to renew my driving license. Please help me regarding this matter.

Name withheld
Answer: Since the validity of the driving licence is tied to the validity of your residence permit, it is our considered opinion that you may not need a No-Objection Certificate (NOC) to renew your driving licence. We make this proposition in the assumption that you produced an NOC before you had your residence permit which is expiring in 2020 stamped in your passpor

I want know if I am eligible for a driving licence with following credentials.

1. Salary on the work permit KD 600.

2. I am graduate in B.Com and my degree certificate is attested and translated.

3. I am a resident since January 2012 in Kuwait and working in my present company since March 2015.

4. My designation in work permit mentioned as labourer, but my actual designation is safety officer.

If I am not eligible, kindly let me know the reason and if it’s due to my designation, please explain which designations are permitted are.

Name withheld

Answer: Under the Kuwait Traffic Law to qualify to apply for a driving licence you must satisfy the following conditions. 1. Be a university graduate. 2. Resident of Kuwait for at least two years upon first entry. 3. Earn a monthly salary of KD 600 or more.

From the above, it can be seen that all things being equal you are qualified to apply for a driving licence but as to whether your application goes through or not is the exclusive reserve of the Traffic Department.

We must point out that the issue of designation vis-a-vis driving licence only comes in when one doesn’t satisfy one or even all the conditions and is seeking exemption.

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

My wife is now pregnant and I want her to deliver in Kuwait hospital. I and my mother in law have come to Kuwait and staying here for the last three months so that she can take care of the new baby but now her visit visa is only for one month. In this situation can I get three months visit visa.

Name withheld
Answer: No, you can’t; three months visit visas are only issued to applicants immediate family members (husband, wife and children) for any other members of the family one month visas are issued.

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

How much salary is required to obtain family visa in Kuwait?

Name withheld

Answer: To apply for a family visa, the husband has to earn a monthly salary of KD 450 or more. Under Kuwait law, it is only the husband who can sponsor the wife and children on family visa.

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

Apologies if this is repeated. I tried searching your archives guess I didn’t do a good job searching. My question is quite simple.

I am an accountant, the same is mentioned in my Iqama, I earn about KD 400 a month. And I have been in Kuwait for over two years. My Iqama is also renewed for another two years, Am I eligible for applying for a driving licence? I searched the web to my best knowledge I know the only thing holding me back is my low salary because the minimum salary cap is KD 600 or 650? Every place I look I get a different answer so not sure what to believe.

I also know that being an accountant only exempts me from validity criteria not the salary criteria. Is that also correct? Looking forward to your replay.

Name withheld

Answer: You can apply for a driving licence even though your salary is below the minimum monthly salary. But before you can present your application you have to apply for exemptions from meeting the salary requirement. You qualify to do this as an accountant which is one of a number of professions that are given that opportunity.

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

I was terminated from my company due to being absent for 7 days. And I want to go for emergency vacation since my mother is sick, can that happen?

Answer: If the termination of your appointment has been followed with the cancellation of your residency, then you can only leave the country for good.

However if your residency is still valid then you can travel outside Kuwait provided that the company that fired you have no objection and are prepared to release your passport to you.

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

I am an Indian & joined a company in Kuwait on employment visa from 28th April 2018 & since then I am working. Now I got termination letter from my employer as on Sept 1, 2018 with a notice period of 3 months stating that the last working day would be Thursday, Nov 29, 2018.

I seek your assistance in clarifying the below issues:

Will I be getting my monthly salary as usually.

Will I get my leave pay @2.5 days/month for 7 months equivalent to 17.5 days salary.

Will I be eligible for any indemnity benefits as the employer has terminated.

Will I get air ticket from my employer to return back to my home country or I have to bear the airticket charge for returning back to home country.

What will be the grace period for leaving Kuwait without any fine or charges after Nov 29, 2018.

Appreciate & look forward to have your valuable suggestions by return.

Name withheld
Answer: Yes, you will receive your regular monthly salary during the 3-month notice period. In addition, you are entitled to leave payment to be calculated on the 7 months you have spent with them by the end of the notice period.

You are also entitled to indemnity to be calculated as above.

As regard the return ticket to your country this will depend on what your contract says.

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

I am working as an accountant in a company for the last one and half years. My salary is KD 500 and designation is accountant in my work permit. Am I eligible for taking driving licence? Is KD 600 salary bar is applicable to accountant also?

Name withheld
Answer: As an accountant, your are qualified to apply for driving licence, even though your salary is below the required minimum KD 600 a month. However, this exemption is not automatic as you have to get a no-objection certificate (NOC) to take advantage of it. We must however point out that the Traffic Department holds the exclusive right to okay or deny the granting of a driving licence irrespective of whether an applicant has an NOC or not.

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