Legal Clinic

  • Factory visa to company visa

    I came to Kuwait on factory visa in 2007, then in 2013 I transferred into company visa, in 2014 I again transferred into another company visa, in 2015 I rejoined my very first company on factory visa. As per my residence history, can I transfer into company residency? Looking forward to your kind reply.

    Name withheld

    Answer: To the best of our knowledge, a holder of a factory visa can only transfer his visa to another factory and not to a company in the private sector as envisaged in the Kuwait Labour Law. We do not know the circumstance under which you transferred your original factory visa to a company visa and repeated same to another company and hence comment on them. We therefore stick to what the Labour Law says and that is holders of factory visas can only transfer their visas within the factory setup.

    Kindly send your queries to [email protected] or [email protected]
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  • Driving license renewal – Designation change

    I hold a valid licence with an engineer designation from 2014. My company has renewed my visa recently where I found my designation changed to supervisor. Please advise whether my licence will be cancelled during licence renewal which is supposed to be by December 2018 due to designation change from engineer to supervisor.

    Name withheld

    Answer: The designation change will only matter if at the time you acquired your licence, you sought and received exemption for not meeting one or more of the conditions required to apply for a driving licence. If you sought and received any of the exemptions and when it is time for you to renew your licence and you have still not met those conditions, then we are afraid your designation change will pose some problem for you.

    Kindly send your queries to [email protected] or [email protected]
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  • Dependents overstayed outside Kuwait

    With due respect, please reply to my question on priority basis. My family (wife, children and my mother) who are on my sponsorship have overstayed outside Kuwait more than 6 months, but still have Kuwaiti residence expiring in July 2018.

    Name withheld

    Answer: We are sorry, but they cannot return to Kuwait on the same residence permits since these permits were automatically cancelled when they stayed outside Kuwait beyond the six months permitted by law. If you want them back then you have to put in a fresh application at the Immigration Department.

    Kindly send your queries to [email protected] or [email protected]
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  • Indemnity ruling in my favor, but GM/Owner keeps zero balance bank account

    In July 2017, in the case regarding my indemnity the court ruled in my favor. The company’s general manager and owner withdrew all the money from the company account in the banks so that the court cannot retrieve the money from him. I tried 16 times submitting the copies in the court to get the money and they checked this account and he has kept it at zero balance.

    He is in Kuwait and has transferred everything in his wife’s name and operating through that account. Kindly advise me on what I should do.

    My lawyer is only interested in making money and I don’t know who to approach. Kindly reply and show me a way to get money.

    Name withheld

    Answer: You should contact the Criminal Sentences Execution Department located in Farwaniya area with a copy of the court judgement and they could be of help in making sure that the company pays you your indemnity as ordered by the court.

    It is unfortunate your lawyer is not being of much help to you and as you claim is only interested in making you for more money. Since a lawyer can play a very effective role in handling the issue at the Criminal Sentencing Enforcement Department, we suggest that you contact the Kuwait Society for Human Rights who may get a lawyer to work for you on pro bono basis.

    Kindly send your queries to [email protected] or [email protected]
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  • Release for new restaurant staff

    I am working in a restaurant. I am new to Kuwait only 4 months over. I signed contract for two years. Can I get release after one year? Since company is only providing two days off per month and 12 hours duty and salary also very less.

    Name withheld

    Answer: Unfortunately you cannot get a release after one year since you signed a two-year contract with the company. The only option you have is that if you feel the company is not going by the dictates of the contract with regard to the number of hours you work per day or the number of times you get an off in a month or any other issue not in consonance with the contract, then you can file a case with the Ministry of Social Affairs and Labour through the Labour Office in your area to seek redress.

    Kindly send your queries to [email protected] or [email protected]
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  • 6 months of exiting Kuwait and not returning

    I went on vacation in November 2017, due to some family problems I couldn’t return to Kuwait. I have my visa valid till September 2018. What will happen to my current visa, whether I’ll get banned from entering Kuwait. Kindly reply to me.

    Name withheld

    Answer: If after six months of exiting Kuwait and not returning, your residence permit will be automatically cancelled thus making it not possible to return to Kuwait even though your residence permit would not have expired by then. The laws of Kuwait do not make it possible for non-Kuwaitis to stay outside the country for a period exceeding six months without prior permission granted by the concerned authorities. In order not to face problems in future if you want to return to Kuwait, we advise that since you still have about two months left for your residence permit to automatically expire, you return to the country and formally have it cancelled.

    Kindly send your queries to [email protected] or [email protected]
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  • Company wants to cancel visa – Want release

    My husband has resigned from his company but the company rather chose to terminate his appointment without any reason but because they are angry with him for submitting his resignation. Since they refuse to sign it, they want to cancel the visa of my husband which is against the rules because they hired him locally.

    This is his 3rd company that he is working with. We have filed a case with the shoon and the hearing is set on March 5, 2018. May I know what happens to my husband during the hearing if the company will refuse to sign the release.

    Name withheld

    Answer: The Ministry of Social Affairs and Labour can on its own grant you the release if your company is proving recalcitrant.

     

    Kindly send your queries to [email protected] or [email protected]
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  • Salary and designation to apply for driving license

    I need advice to apply for a driving licence. My designation is my salary is KD 600 in my work permit. I have done bachelor degree, I have attested the degree certificate. I was born in Kuwait. With this salary & designation am I eligible to apply for a driving licence in Kuwait? People have given me confused answers, they say I am not eligible because of my designation. Your comments in this regard will surely help out with the confusion.

    Name withheld

    Answer: To apply for a driving licence you have to fulfil the following three conditions:

    1. Have a university degree.

    2. Earn at least KD 600 a month

    3. Must have been a resident of Kuwait for at least two years at the time of presenting your application.

    From the above, it is clear that you meet all the three conditions.

    The issue of designation does not feature here since you are not seeking exemption from any of the conditions enumerated above.

     

     

    Kindly send your queries to [email protected] or [email protected]
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  • Visit visa validity for Wife

    I would like to bring my wife to Kuwait on a visit visa. Could you please advise what documents are required and how long will she be able to stay in Kuwait. Awaiting your response.

    Name withheld

    Answer: The documents you require to apply for a visit visa for your wife include the following: attested marriage certificate, your Civil ID copy, rental agreement, copy of your work permit, passport copy of your wife. All these must be attached to an application and you should have no problem in getting the visit visa for your wife. Upon entry of your wife, she will have a non-renewable threemonth stay with you in Kuwait.

    Kindly send your queries to [email protected] or [email protected]
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  • Project Visa can be transferred to another Project visa

    My company hired me as a manager from India in January 2016 (joining date — I came on visit visa. Date of entry in iznamul is 17-5-2016) on a project visa for a Government Project in Kuwait. In the next renewal I was transferred to another project with the same company.

    Now I am still continuing with the same project in Kuwait with the same company. Is it possible for me to transfer my visa to another company visa or project visa? I heard that I should wait for 2 years to join another company in Kuwait if I get the current project visa cancelled.

    Name withheld

    Answer: Yes, it is possible to transfer your visa to another project visa but not to a company visa in the private sector. Even with the project visa the transfer can only be done with the approval of the company that brought you from India.

    If our understanding of the second leg of your question is correct, we dare say that it is not possible to cancel your current visa and wait for another two years to be able to join another company.

    The rule as we know it is that when your work visa is cancelled you are given a one month temporary visa to wind up your activities and leave Kuwait.

    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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