Legal Clinic

  • Visit visa to Dependent visa transfer from infant born outside Kuwait

    My salary is KD 320. I brought my wife and child (infant) 1-yearold in Kuwait visit visa. Is it possible to change my son’s visa to dependent visa? Please advise.

    Name withheld

    Answer: Sorry, but you cannot transfer your son’s visit to a dependent visa because your KD 320 monthly salary does not qualify you to sponsor any of your family members on a dependent visa. To qualify you need a monthly salary of KD 450 or more.

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  • Dependent visa for a Son above 21 yrs of age

    I would like to know if I can get a ‘dependent’ visa for my 28-yearold son and if so, what are the visa charges. I am an engineer by profession and my salary is over KD 1,000. If he comes from India on a dependent visa, can the visa be later transferred to ‘work’ visa?

    Name withheld

    Answer: Sorry, but you cannot bring your son to Kuwait on a dependent visa because he is above 21 years. Even if your son was in Kuwait he would have been required to transfer his dependent visa to a work visa after he had attained 21 years or failing that leave the country.

    Kindly send your queries to [email protected] or [email protected]
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  • 3 months notice period mandatory

    I am expat with over 5 years on site constructing a major public works project 6 days per week. Upon return from annual leave on Aug 5, I received project demob letter dated July 27, 2017. It said my last day on the project is Sept 30. I have been paid through Sept 30. They state they have no other project for me now for which they can bill my time. I stated I was willing to help them in the office with proposals and marketing to help out. I was informed that my last paid day will be Sept 30 full stop.

    Using the Aug 5 date as constructive notice, the 90-day period runs through Nov 2. Out of this 90-day period by Kuwait Labor Law, I will not be paid 33 working days in either a paycheck nor as any part of Termination Indemnity package they assert. I believe this to be totally unfair and in violation of the Kuwait Labor Law. Please advise.

    Name withheld
    Answer: The 3-month notice period is mandatory and the company cannot unilaterally cut it short. Even though they can tell you to stop work by Sept 30 they are legally bound to pay you up to Nov 2. Since the ‘stop work’ order is emanating from them and not from you. If the company insists on its line of argument which is a way of short-changing you, we advise that you fi le a case against the company at the Ministry of Social Affairs and Labour through the Labour Department in your area to seek redress.

    Kindly send your queries to [email protected] or [email protected]
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  • Factory visa transfer to any other company

    May I know the possibilities of transferring my visa from factory to any other company, I came here on a factory visa before 3 years profession — production engineer, so any advantages for engineers to do it.

    Name withheld
    Answer: In as much as you were brought to Kuwait on a factory visa you can only transfer to another company on the same factory visa. This is regardless of whether you are an engineer or not.

     

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  • Services terminated – “I have bank loans to pay”

    My services are terminated by the employer and I am on three months’ notice period (remaining notice period is 15 days only). Please note that my Iqama will be valid for 3 months from the last working day. I am having some loans in bank and other institutions and I am unable to pay my loan premium till I get other job or my indemnity benefits. I heard that indemnity will be given only once the Iqama is cancelled/ transferred. I am searching for a job and my concern is for the loan repayment, in case, I don’t get a suitable job till my last working day. Alternatively I am thinking to make some temporary transfer of my residence so that I can seek for indemnity benefits and then repay all my loans and keep searching for jobs. Under the given circumstances, it would be great if you could advise me on the following:

    1. After I get suitable job, can I re-transfer my residence to another employer and is there any minimum period required for this retransfer? I have been in Kuwait for the past 19 years and I have changed 3 companies locally. I am Diploma Holder in Mechanical Engineering and I am currently working as a Manager but in the Izenamal (work permit) it is mentioned as Supervisor. My age is 54 years, my service in this company will be a few months less for five years).

    2. I am holding valid license (issued in April 2005) and to retain it what care is to be taken during temporary and permanent transfer of residency.

    3. Is there any provision under law to seek indemnity without transferring the residency to new employer? If not is there any alternate solutions, like giving employee guarantee to the company etc?

    4. If I don’t get new job and indemnity, is there any provision under law that I can seek any grace period for loan re-payment? Kindly advise at the earliest possible.

    Name withheld
    Answer: An employee is always at liberty to transfer his/her residence to another employer except for the proviso that the employee meets the minimum service requirement which is 3 years for an employee brought into Kuwait from his/her home country or one year for someone employed locally if that person does not possess a university degree.

    On the other hand, an employee hired locally but has a university degree is free to transfer his/her residence at any point in time.

    Coming specifically to your question, the answer is you can only re-transfer your residence permit after one year since you are a diploma and not degree holder. To retain your license just make sure that at no point in your stay in Kuwait will you be classified as illegal resident because the validity of your licence is always tied to the validity of your residence. To the best of our knowledge, the only two ways available to you to be paid your indemnity is either to transfer your residence to another employer or cancel your residence and prepare to leave the country.

    However if you fulfil any of the above conditions and your employer refuses to pay your indemnity you can file a case with the Ministry of Social Affairs and Labour through the Labour Department in your area to seek redress. Without a new job, the remaining alternative for you is to wind up your activities in Kuwait, cancel your residence permit and qualify to be paid your indemnity which you can then use to settle your loans before leaving the country. Time is not on your side so you have to act fast otherwise you will soon find yourself on the wrong side of the law.

    Kindly send your queries to [email protected] or [email protected]
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  • Sponsoring Husband and Child on compassionate grounds

    I am working in a private company with a salary of KD 650 per month. My husband quit the job recently due to health issues. He is already above 60 years now. Child is sponsored by him. Now my question is — Can I sponsor both of them on my residence as dependants. Please advise.

    Name withheld

    Answer: Under Kuwait Law, sponsorship on dependent visa is limited to men. This law not withstanding sometimes exceptions are made but based specifically on compassionate grounds, to allow women to sponsor others as dependents. Your case might fit this scenario. However for this to happen, you must seek a waiver from what the law says and it is only the Director-General of the Immigration Department who can give such a waiver. We therefore advise that you arrange to meet the director-general and put your case before him and if you are lucky you may be given a favorable hearing. We wish you the best of luck.

    Kindly send your queries to [email protected] or [email protected]
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  • Came on Family visa – How to transfer to Private Company visa, cost and reverse transfer

    I came to Kuwait a few days ago. I have only entry visa, and I have done medical checkup for dependent visa. Can you tell me the procedure if I now get a job? Can my visa be transferred from Article 22 to Article 18? How much it costs? And in case if I would like to go back once from 18 to 22 visa, how much it costs?

    Name withheld

    Answer: Under the law you need to have been in Kuwait for at least one year, unless you are an university degree holder, to qualify to transfer your Article 22 visa to a work permit.

    To transfer a dependent visa to a work visa, all you need is a release letter from your sponsor (husband or father), so that the company which has offered you a job can apply for a work permit for you.

    This will be followed by signing a contract with the company after which you will provide the required documents to the company representative known as mandoub in Arabic, who will do the rest of the work at the Immigration Department, the Public Authority for Manpower and the Ministry of Social Affairs and Labour.

    The fee for the work permit is KD2 and the resident permit is KD 10 per year. In the event of a transfer back to a dependent visa you will only pay for KD 10 residence permit.

    Kindly send your queries to [email protected] or [email protected]
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  • Single mom wants to sponsor kids on dependent visa

    I have been working in a private clinic for 13 years. I have 7-month-old twin babies with visit visa here in Kuwait. My basic salary is KD 520 but in my work permit it is KD 400 only. Possible to change their visit visas to dependent visa? I don’t have husband here in Kuwait. I am single parent and my babies are all under my name.

    If ever I will resign can you please help me how to calculate my indemnity? I joined from April 2004 to present, because my employer told me he will calculate my first salary since I joined in his clinic. In that time my basic salary was KD 130 only. If he will do that to whom I will ask/complain to the Shoun?

    Name withheld

    Answer: Unfortunately, you cannot transfer your babies’ visit visa to dependent visa because under Kuwait Law it is only the men who can sponsor a child on a dependent visa.

    In addition even if you were a man you could not sponsor the twins since the salary on your work permit is KD 400 which is below the KD 450 minimum required to sponsor someone on a dependent visa.

    The indemnity is calculated on the last earned remuneration which here means, (salary + allowances) and bonuses paid regularly.

    Your boss will be going against the Labour Law if he insists on calculating your indemnity on your first earned basic salary. In that scenario, your will have to file a complaint with the Ministry of Social Affairs and Labour through the Labour Department in your area and seek redress.

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

  • Rental contract signed in haste – How to cancel the contract?

    I have just signed a new rental contract, hastefully, being under pressure. The next day I found that the apartment is not ready — bathroom fittings are broken and not replaced as promised, so I decided not to move in. How can I revoke my signature, cancel the contract, whatever …? Do I have to pay any compensation? What does the Law say about cancellation of just signed contract for any reason?

    Note: In my case it is a standard contract as per Kuwait Rent Law, no any special clauses included.

    Name withheld

    Answer: You have to blame yourself for signing the rental contract before physically inspecting the apartment to make sure that it was fit for the purpose. Having signed the contract you can only put pressure on the landlord to do the necessary fittings to enable you move in. If he however fails to do that within a reasonable timeframe, then we advise that you file a case at the rental court to nullify the agreement signed between you and the landlord. You may find yourself on the wrong side of the law if you unilaterally abrogate the contract signed between the two parties.

    Kindly send your queries to [email protected] or [email protected]
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  • Changing of driving license from Driver to Safety officer

    I am working as a safety officer in a company under KOC contract on driver designation – (work permit), because of my company requirements for the above mentioned position they made my licence with driver designation in April 2014, and I got 10 years validity licence up to 2024 when I came to Kuwait, I am working in the same company since 4 years till date, now recently I changed another company for the position of safety officer only, but the new company transferred my work permit as safety officer designation. Sources are telling me that if I transfer my work permit from driver to safety officer automatically my licence will be cancelled.

    I fulfill the criteria now for driving licence like:

    1. I have 675 KD salary in Iznamal-work permit.

    2. 4 years completed stay in Kuwait.

    3. I am holding university degree with India and Kuwait attestation.

    Now please clarify my doubt that, my licence will be cancelled or not. I

    am checking it in MoI (Ministry of Interior) the validity still remains same up to 2024. If my licence cancelled can I apply again immediately for licence with the above mentioned criteria like 675 KD salary, 4 years in Kuwait, University degree.

    Name withheld

    Answer: Yes, it is true that if you change your designation from ‘driver’ to ‘safety officer’ your driving licence will be cancelled. You can however, apply for a new licence as you meet all the requirements to apply for one. We must however point out that the Traffic Department is vested with the powers to grant or reject any request for a driving licence even if the applicant meets all the requirements.

    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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