Legal Clinic

  • Dependent visa sponsoring wife and kids

    In my Izniamal my salary is mentioned below KD 450 but in my bank statement I get more. In 2013 my wife and kids were with me and they were on dependent visa but later we decided to cancel their visa. Now I want to get my wife and children in Kuwait on dependent visa but my salary in Izniamal is below KD 450. But I am getting more than that (salary + incentive + commission i.e. KD 600 If my wife gets a job in Kuwait (work visa) and we both are working can I sponsor my children who were born in Kuwait but their residence was cancelled as they travelled to India.

    Name withheld

    Answer: To be able to sponsor your wife and children on dependent visa you should earn a monthly salary of KD 450 — this amount should be reflected in your work permit (Izniamal). Regardless of how much goes into your bank account if it doesn’t reflect in your work permit, it is of no use vis-a-vis dependent visa sponsorship. Coupling your salary with that of your wife on visa 18 to get the magic figure of KD 450 to be able to sponsor your children is also out of the equation as the practice which in years past was allowed has since been discontinued.

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  • Clubbing of salaries to sponsor child is not permitted

    Me and my wife are working here in Kuwait. We are both on Visa 18. We have a baby who was born in Kuwait. Later I sent the baby to my home country. Then after two years we brought the baby to Kuwait on a visit visa. Now the baby is with us here in Kuwait. My salary is KD 290 and my wife salary is also KD 290. Can we get Iqama for our baby?

    Name withheld

    Answer: No, you cannot sponsor your baby on dependent visa because your salary is below the KD 450 monthly salary required; you and your wife cannot combine your salaries to attain the magical figure.

    Kindly send your queries to [email protected] or [email protected]
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  • Company wants to send back after contract period is over.

    I have been working in a consolidated construction company for more than 2 years now. Now the company’s work is about to be completed. The company will send me back to India soon. I’m looking for another job in Kuwait but the company will not give me release. What will I do. Please advice.

    Name withheld

    Answer: From the tone of your write-up the company brought you to Kuwait for a specific contract which is about to get over. It is within the company’s right to give you a release or return you to India and unfortunately for you they have chosen the latter. There is therefore nothing you can do about it except to accept going back to India as a fait accompli.

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  • Electrical Engineers registration for KSE

    I am working as a manager in an organization. I have Bachelor of Electrical Engineering degree. Do I still need to register myself for KSE?

    Name withheld

    Answer: Yes, you need to register with Kuwait Society of Engineers (KSE) as an electrical engineer or any other engineering major. Please note that without membership of KSE you will not be entitled for a no-objectioncertificate (NOC) which will be required when your residence and work permits are due for renewal

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  • Visit visa for brother

    I need help to get visit visa for Kuwait for my brother in India. Can I get the visa easily or do I need some wasta.

    Name withheld

    Answer: If you have an attested marriage certificate, affidavit (also attested) showing your relation with the person you wish to invite and also earning a salary of not less than KD 300 (reflected in your work permit) a month, you don’t need any wasta to be able to invite your brother to Kuwait.

    Kindly send your queries to [email protected] or [email protected]
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  • Contract variation – Illegal act by company in violation of the Kuwait Labour Law

    I joined a new company 9 months back with their job letter offer as Supply Chain Manager with agreed salary. I worked for 3 years in previous company and they cleared all my indemnities and provided the required support. After continuous follow up with my new company they made my residency after 5 months and when they did the residency they changed my designation to sales person and also did the contract papers without my consent.

    After 9 months in this company they are suddenly asking to reduce my salary against the salary certificate, but when I clearly said that I can’t give up some amount in my salary they are now threatening me that they terminate me without any notice period if I don’t agree to their unofficial new terms.

    They have never paid me salary on time every month, they delay it to next month 15-20th and they give it to me in cash instead transferring it to my salary account. Even as at now they have not cleared last month salary and saying only after I agree to their new terms they say they will pay me.

    Please advise if new company is entitled to introduce new terms on my salary against agreed one? Can they make my residency without me signing the contract? Can they terminate me without giving 3 months notice period as I have proofs of new company job offer letter, salary certificate and residency and civil ID documents?

    Name withheld

    Answer: The new company wants to engage in acts that are illegal in violation of the Kuwait Labour Law. Under the law, an employer cannot vary the salary of an employee to the employee’s disadvantage. While the law gives the right to the employer to terminate the services of the employee, the same law enjoins the employer to give a mandatory three-month notice to the employee before the termination becomes effective.

    From the above explanation you can see that the law is on your side and we advise that you stand firm on your grounds and do not yield to the threats emanating from the company as they cannot do that they are claiming they will.

    On the other hand, should they decide to effect any of the threats, file a case against them with the Ministry of Social Affairs and Labour through the labour office in your area.

    The documents you have in your possession in addition to the fact that your employers are flouting the labour law by not transferring your monthly salary through your account but giving you cash, are more than enough to give you a release

    Kindly send your queries to [email protected] or [email protected]
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  • Cancellation of dependent visa residence

    I am leaving Kuwait and want to cancel my residence. I have a daughter who is studying abroad and is my dependent. Does she need to come to Kuwait to cancel her residence? Can I cancel her residence without her being in the country?

    Name withheld

    Answer: Since your daughter is under your sponsorship, this means that her residence is tied to yours and hence the cancellation of your residence means that her’s also stands cancelled. If your daughter was present in Kuwait, you would have gone to immigration to formally cancel her residence but as she is outside Kuwait you can’t undertake the cancellation process without her presence. Under this scenario therefore, the cancellation of your residence permit will serve as a cancellation of her’s too.

    Kindly send your queries to [email protected] or [email protected]
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  • Renewal / Activation of cancelled driving licence

    I took my driving licence on 7/05/2017 (1 year validity and now date expired). That time my profession mentioned was General Manager with salary KD 600. On 13/06/2017, I changed my iqama to another company with my profession mentioned as Work Supervisor with salary KD 600. After that, when I checked with MoI website, it is showing ‘no driving licence’. Maybe my driving licence got cancelled due to change in profession. On 31/05/2018, I changed my iqama again to another company, with sales executive profession (mandoop mubayyath) with salary of KD 400. I have university degree and masters. Can I get my driving licence renewed or get activated? I am not getting a clear answer from anyone, because of situational confusion. Requesting your valuable reply, please help.

    Name withheld

    Answer: You changed your iqama to another company exactly one month after obtaining your driving licence. After this iqama change, you checked on the Ministry of Interior (MoI) website, and it showed ‘no driving licence’. One may therefore conclude that the change in iqama and designation may be the cause of cancellation of your driving licence. With another change in iqama and a new designation, we are afraid that your effort to get your licence back might not be successful since your current salary of KD 400 per month falls short of the KD 600 monthly salary required.

    Kindly send your queries to [email protected] or [email protected]
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  • Worked for 6 mnts want release or go back to home country

    I came to Kuwait in December, I don’t want to work in my company. Can I get release or can I go back to India again, completed 6 months here.

    Name withheld

    Answer: Under Kuwait Labor Law you are expected to work for the company for three years before you can ask for a release to join another company. On the other hand if you want to go back to India that is possible but that will be under the condition that you compensate your sponsor for the remaining two and half years unrendered service. If however, your sponsor is willing to forgo this right, then you will be free to go back to India without any hindrance.

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

  • Driving licence renewal for an Engineer

    My driving licence was first issued in 1999 and renewed again in 2009. It is up for renewal in 2019. I am an engineer and my licence has been issued for the same post. I would like to know when I renew my licence in 2019, will it be renewed again for another 10 years (for the same designation of engineer).

    Name withheld

    Answer: Yes, your licence will be renewed for another 10 years or less, or even be rejected depending on whether you meet the latest requirements for the granting or renewal of a driving licence or not. For example if you are requested to produce an NOC from Kuwait Society of Engineers and if you are not able to do so, you are likely not to get your licence renewed.

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

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