Legal Clinic

I have been working as an engineer in a company in Kuwait since July 2016. I got driving licence in May 2017 valid till May 2019. My salary is KD 650. My residency will expire in August 2018. Now my company is renewing it with profession as Sales Officer (Masoul Mabiaat)/ Medical Representative (Mandoub Tibi).

1. Will my licence get cancelled, immediately or will I be able to use till May 2019?

2. If licence gets cancelled, can I apply for new licence immediately or will I have to wait for 2 years.

3. Is it required to make istemara and take driving test again for reapplying for the licence with new job designation?

Name withheld

Answer: When you got your licence in May 2017, you hadn’t stayed in Kuwait for at least two years from the date of your first entry as required by the traffic law to qualify to apply for a driving licence.

You, therefore, received an exemption on that score by virtue of your profession (engineer). We are not in position to determine if your new designation falls within the designation that qualifies for exemption. If it does, then your licence may be renewed.

On the other hand if it doesn’t, your licence will be cancelled. However, since you now meet the residency requirement and we assume that your KD 650 a month salary is reflected in your work permit, and also that you are a university graduate, you can reapply for a new driving licence.

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I have completed my academic attestation from Bangladesh foreign ministry. Is it necessary to attest my academic certificate from Kuwait embassy in Bangladesh again?

Name withheld

Answer: Yes, you need to send the attested papers to the Kuwait embassy for them to go through and okay them with a stamp. Without this stamp the Kuwait Foreign Ministry will not do their part of the attestation

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I have been working in Kuwait for last one year. My visa is No. 18 project visa. I got an offer to change to No. 17 visa. Is it possible to change to No. 17 visa if my sponsor is refusing it?

Name withheld

Answer: You cannot change your project visa to visa 17 because the labour law does not permit that. Even if your sponsor is OK with the transfer the Immigration Department will reject it because the law stipulates that you can only transfer a project visa to another project visa of the same sponsor or to a different sponsor with a different project.

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My Dubai driving licence is valid till September 2020. However I have cancelled my visa/Emirates ID and I have returned to home country (India) 5 months ago. Now I have joined same company in Kuwait and I got the work visa stamped on my passport and Civil ID here in Kuwait. In this regard can I drive vehicle in Kuwait with my available valid Dubai driving licence?

Name withheld

Answer: With the cancellation of your visa/ID in Dubai if the latter has similar traffic laws as prevail in Kuwait, then we will assume that cancellation of your Dubai residence permit meant automatic cancellation of your driving licence. But assuming also that your Dubai driving licence is still valid you cannot drive with the said licence in Kuwait when you are on Kuwait residence permit. So please, be advised not to attempt to drive with the said driving licence in Kuwait.

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My son is working in Kuwait since July 2016 in a company producing rolling shutter slats. He is a graduate and he is working as a storekeeper/secretary. He got a better job in a logistic company as he is also holding diploma in shipping and logistics. Now it’s understood that being visa 18 (mazna) factory visa he cannot transfer his visa to company. Can anybody give a clear answer on his status.

Name withheld

Answer: Unfortunately, the law does not allow your son to transfer a factory visa to a normal visa 18 (company visa). If one holds a factory visa and seeks transfer, this transfer can only be done to another factory. The only way out for your son is, if possible, cancel the current factory visa, exit Kuwait and come back on a new company visa.

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I am a university graduate. I have 10 years experience in Kuwait. My present company is having some work related issues, work load and I am not in good relation with my managers. After these issues, I tried to look for another job and I had sent applications to many companies in Kuwait around 250 companies, no one called me for interview this is the first time in my life, my profession is popular in Kuwait, please let me know my present company can do anything against me in the Shoon or HR, any computer system is there to verify my status. Please advise me I have family I need to transfer my job.

Name withheld

Answer: At this stage we do not think the company can do or has done anything to sabotage you with regard to being called by another company for an interview.

It is a fact that the job market in Kuwait today is not as vibrant as it used to be in times past. It may just therefore be that the companies you have sent your applications do not have job openings to take you on board.

We therefore advise that you continue trying and God willing you may be lucky in the days ahead. In the meantime, if there are avenues for you to reconcile with your managers don’t hesitate to seize them and rekindle your ties with the company.

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I am currently working on a factory iqama (18) with same sponsor for last three years. I have been offered a new job at another place and they are offering me visa which is a general trading company. Is there a rule that I cannot come back within a span of two years once I exit the country after cancelling my current iqama? Can my company apply for a new visa immediately as I leave the country after cancelling my current iqama?

Name withheld

Answer: To the best of our knowledge, if you go through the necessary procedures to cancel your iqama and exit Kuwait, you can re-enter the country with a new work visa without any problems. Indeed we are not aware of any time bar within which you cannot re-enter Kuwait after exiting. The only time bar we are aware of is for those who come to Kuwait on visit visa and exit.

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I have a query on the eligibility criteria for applying for a driving license. My work permit states salary as KD 600 and my designation ‘PC Operator.’ Am I eligible to apply for a driving license or does the designation need to change? Kindly guide please.

Name withheld

Answer: The eligibility criteria for obtaining Kuwaiti driving licence are as follows.

1. Be a university graduate

2. Earn a monthly salary of at least KD 600

3. Having been a resident of Kuwait for not less than two years If you meet all the above criteria, designation does play a role in determining whether you are granted a driving licence or not.

It is only when you fall short of any one or all the above criteria and hence seeks an exemption, that designation comes into play. To quality for the exemption you must belong to a determined group of professions.

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Before I was working on farm visa for 3 years. I returned to my country. I have already finished my farm visa residency. Can I go to another company on company visa?

Name withheld

Answer: Why not? So far as you have returned to your country after the expiring of your visa, you can return to Kuwait on any other visa so far as you acquire one.

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I would be really thankful if you could please help me in providing your valuable legal advice as I have resigned from my current employment after working for 22 plus years. In addition to my monthly salary, I was receiving the following in-kind benefits and would like to know if, the value of these should be added while calculating the average remuneration for my final indemnity:

1. Private health insurance for myself and family, receiving for the last five years

2. Monthly mobile phone calls and data package

3. Telephone handset every two years (Last one was received before 6 months)

Name withheld

Answer: According to Kuwait Labour Law, the indemnity should be calculated by using the latest remuneration which includes the basic salary plus all the allowances given at regular intervals. Indeed the latest bonus is included in the remuneration. This is, added to the monthly salary after dividing it by 12 (number of months in a year).

Having said the above, we are not convinced that the three items you mentioned strictly fall within the category of allowances like housing, food, transport and bonuses; we are therefore unable to make a categorical statement on them vis-a-vis your indemnity calculation.

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