Legal Clinic

  • Can I drive in Kuwait with my Kuwait driving licence? – UAE based company staff transferred to Kuwait

    My Kuwait driving licence is valid till September 2018. However I cancelled my visa/Civil ID and I returned to home country (India) 3 months ago. Now I joined another company in UAE and I got the work visa stamped on my passport and Emirates ID here in Dubai. With this new company I will be moving to Kuwait on business visa for some official purpose. Can I drive in Kuwait with my available Kuwait driving licence?

    Name withheld

    Answer: After cancelling your work permit and residency, the driving licence stood automatically cancelled; you can therefore not drive in Kuwait as now you do not have a Kuwait driving licence, so take note and do not fall foul of the law if you land in the country and driving without a licence.

    Kindly send your queries to [email protected] or [email protected]
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  • Medical test result

    I have been selected for an oil and gas company for the post of Civil Engineer. My work visa came last week and I went for medical test in Cochin, India. Please note that I have been working in Kuwait for the last 4 years. Since, I shifted to another job and my old company was not giving me release, I came back to India and then started the visa process again.

    Now coming back to the subject, at the medical test here, they found that my left eye power was very less and the other eye was perfectly alright. Then the people who took the test told me that they will send the report to MoH Kuwait by mail and then they will reply accordingly.

    I want to know whether my result will be positive and how long will it take for them to reply the email. I’m personally thankful to you for reply because I’m out of my mind for the past couple of days.

    Name withheld

    Answer: We are sorry but we will neither be in a position to say if your medical test result will be positive nor how long it will take for the Kuwait Ministry of Health to give their input on the report sent to them. In this situation, all that we can say is to tell you to be patient and hope for the best.

    Kindly send your queries to [email protected] or [email protected]
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  • Documents required to exit the country without stamping residence for Infant

    Kindly request you to clarify whether it is really required to stamp the residency for infant baby if we are planning to exit the country before 60 days of his birth? And is it possible to exit the country by using the passport alone without stamping the residency?

    Name withheld

    Answer: No, you don’t need to stamp the residency for your infant baby if you plan to exit the country before 60 days after his birth. What you however, need is an exit permit from the Ministry of Interior.

    The following documents are needed for the purpose:

    1. Baby’s birth certificate and passport (original and photocopies).

    2. Your passport and Civil ID (original and photocopies).

    3. Original married certified attested by the Kuwait Foreign Ministry, plus you must get the same translated and attested by the Ministry

     

    Kindly send your queries to [email protected] or [email protected]
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  • Transferring from Govt Project visa to Private company visa

    With regard to the subject, I came to Kuwait under a govt project visa in 2012. I have transferred to another govt project under a different sponsor in 2016. Now I have gotten a new offer from a private company. Is it possible for me to transfer to the private company if my current employer changes my visa to their main file? I am confused because of so many opinions from here and there. Kindly advice.

    Name withheld

    Answer: Yes, if your current employer changes your project visa to his main file and at the same time has no objection to transferring your residency to another company, then under this scenario, it will be possible for you to land in the private sector company.

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

  • Suspicious about visa trading

    I came to Kuwait 3 months ago. I am on Visa No. 18. Now I have been offered a better job. My sponsor has already given me the transfer. Can I transfer my visa to a new company. I am a attested degree holder. My visa transferring if possible.? Please advise.

    Name withheld

    Answer: It sounds suspicious that your sponsor will give you a release after working for you for only three months even though under Kuwait Labour Law he has the right to keep you in his company for at least three years.

    We hope you and your sponsor did not engage in visa trading and hence, the quick release. Indeed you and your sponsor might face some tough question in your bid to transfer your residence. The best option you and your sponsor should have resorted to was to have waited for at least one year before initiating the transfer process. Inspite of our reservations we wish you the best of luck.

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

  • Driving license for an Engineer

     

    I have been working as a Civil Engineer in Kuwait for almost 3 years. In my work permit, designation is mentioned as Civil Engineer and I have a valid Engineering degree. But my salary is KD 500 only. Am I eligible for getting a driver’s licence in Kuwait. Thank You.

    Name withheld

    Answer: Yes, as an engineer you are entitled to get a driving licence but as you fall short of the KD 600 per month salary, you need to get an exemption from the General Traffic Department before your application can be processed.

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

  • Driving License for Salesman

    Is it possible to obtain a driving license as my profession is given as fruit seller (salesman).

    Name withheld

    Answer: Your profession is only taken into consideration if you are seeking exemption from meeting some or all the requirements needed to be granted a driving license.

    Your profession will however be a non-issue if you meet the following three conditions.

    1. Have a university degree

    2. Earn at least KD 600 a month

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

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

  • Licensing the rights to a third party’s Intellectual Property

    This past Tuesday, Jan 30, 2018, I had the pleasure of attending the D1 MEET UP, a monthly networking event for the Kuwaiti creative community, hosted by Dina Al-Mallak and Jassim Burhama of CEE Network, and Masscreation Productions. This month’s meet up featured Raed Al-Hout, US Patent and Trademark Office (USPTO) Intellectual Property (IP) Specialist for MENA, who is based out of the US Embassy of Kuwait. Al-Hout discussed Intellectual Property Rights in Kuwait in comparison with the US, and international treaties that govern IP rights.

    Having over fifteen years of experience in the media industry back in the US, both as a creative and attorney, the MEET UP was a very eye-opening experience to what information the creative community lacks and desires in connection with Intellectual Property rights and management. I further learned of a recent dispute between an IP rights owner and an entity in Kuwait that used the rights owner’s music without consent and/or due compensation. This is a clear example of how IP rights are perceived in Kuwait but safeguards must be made by individuals and businesses to prevent being the party to a litigation defending the non-consensual use of a 3rd parties’ IP.

    Just for background knowledge, things that fall under the IP law include, without limitation, video footage, photographs, paintings, posters, music, sound effects, radio material, uniforms, vehicles, logos, books, magazines, newspapers, maps, and identifiable products and labels. Thus, if you plan on using any of the above-mentioned materials for commercial use that is not the original creation of your own or business, then it is best practice to obtain permission prior to such use.

    Obtaining the clearance to use a third party’s IP should not require much paperwork, time or money. A simple one-page Materials Release that specifies the name of the rights holder, the name and description of the IP, how and where the IP will be used (e.g., territory, duration, repetition, etc.), the compensation (if any) for use of the IP, and the signature of the rights holder, would suffice as evidence of consent for usage of a 3rd party’s IP.

    While there are exceptions to the restrictions of IP law, where a party can use 3rd party IP without prior permission, fair use doctrine, such use must meet certain criteria that is not always easy to prove.Further with the amount of content available in the world, if an IP rights holder is difficult then it is best to use a different source and/or simply create original content.

    [email protected]

    By Najmah Mateese Brown, Esq.

     

     

  • Company file closed – Visa on article 14 – Can I transfer to another company?

    I am currently holding Article 14 visa, my Civil ID expired on Dec 6, 2017, after that my company made 3 months visa up to March 5, 2018 and in Kuwait I completed 2 years 3 months in same company, I am working as engineer in a private company under MEW.

    Our project is completed and we have all given resignation/ transfer request, and our company is ready to give release. Now I got a new job offer in another private company under MEW.

    About my 3-month visa, my company is saying my file is closed because that project is finished, they said my transfer is possible.

    Is it possible to transfer my Article 14 visa to next company and can they process my visa under their company? As I am not aware of latest Kuwait Labour Law, please help me to clear my doubts, is transfer possible?

    Name withheld

    Answer: Article 14 visas are issued to people to preclude them from being classified as illegal as they go through the process of rectifying their work or residence status. Article 14 visa is therefore not a transferable visa.

    What is transferable is the work permit and in as much as it has not been cancelled, it can be transferred if due process is followed. According to you, the company says your file has been closed but that they can effect a transfer to another company.

    Our advice to you is to make sure that the statement your file has been closed is not the same as your work permit has been cancelled.

    In this scenario you will face no problem in your bid to transfer your residence to the other company. On the other hand if closing of file means cancelling of work permit then we are afraid you may have to leave Kuwait before the expiry of your visa 14 otherwise you may be classified as illegal after its expiry date.

     

    Kindly send your queries to [email protected] or [email protected]
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  • From July 1st 2018 – No recruitment for Expats graduates below 30 yrs

    Require your kind clarification regarding the new law which is to be implemented by July 1, 2018. No recruitment of expatriate graduates below 30 years starting from July 31st. Is this law applicable for the graduates below 30 years who are already working in Kuwait? I am 27 years of age and currently working as a maintenance engineer in a lube oil company. Please clarify. Response would be highly appreciated.

    Name withheld

    Answer: The decision talks about future recruitment and not about those already recruited. In the light of this, rest assured that you will maintain your job after July 1. Infact, decisions in Kuwait these days, are not taken with retrospective effect as is the order of the day in most other jurisdictions.

    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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