Details visit-to-work visa transfers – New/amended visa regulations issued

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Deputy Prime Minister and Minister of Interior Lt Gen Sheikh Khaled Al- Jarrah

KUWAIT CITY, Oct 23: Deputy Prime Minister and Minister of Interior Lt Gen Sheikh Khaled Al- Jarrah issued a ministerial decree No. 957 of 2019 to allow visit visas to transfer to residence visa for expats, reports Al Anba.

Visit visas can be transferred to residence visas for following categories after the approval of the director of the Residence Affairs Department – dependents arriving on family or tourist visit visas; domestic helpers; holders of valid residence who stayed outside the country for more than six months and had to enter the country on visit visa, those who enter for work purposes and start procedure to get residence but have to leave the country for a maximum one month and visitors of ministries, public institutions and those who arrive on government visit visa.

A visit visa on arrival costs KD 3 for certain nationalities, the fee for renewal of residence permit for one year is KD 10 per person, dependent residence fees for spouses and children KD 10 per year per person; relatives other than the wife and children a dependent visa costs KD 200 charge for a year and this includes parents.

The regulations set a minimum of KD 500 in monthly salary for those who can bring their families from abroad on dependent visas, while they give the director of the department to exempt couples already living here from the salary condition.

The regulations also exempt a large number of professions from the salary conditions. These include judges, doctors, engineers, teachers, journalists and many others.

The new by-laws introduce a tourist visa allowing tourists to stay in Kuwait for up to three months, and a multiple entry visa valid for one year for just KD 1 for each month.

Foreigners whose residence is cancelled and those who resign are given up to three months of temporary Residence to leave.

Article 1 states it is not permissible to enter or exit Kuwait except for those who hold a valid passport issued by the authorities of his country or any other authority recognized by Kuwait, or who holds a document in lieu of a passport issued by one of the said authorities and provided that the holder is authorized to return to his country or to the country of origin of this document and provides a passport or document at the port to document the entry or exit.

Article 2 states it is not permissible to enter or exit the country except from the country’s ports – Kuwait International Airport, Salmi, Al Nuwaiseeb, Abdullah Port, Southern Ahmadi Port, Shuaiba Port, Port of Zour, Shuwaikh Port, Doha Port, Failaka and Mina Abdullah

Article 3 states foreigner must enter the country to have an entry visa issued by the General Directorate of Residence Affairs or the country’s ports or one of the competent Kuwaiti authorities abroad, or to have a valid residence permit.

Article says the types of entry attributes and the procedures to be taken shall be determined as follows:
■ Entry visa to work in the government: issued at the request of one of the government agencies or public institutions and bodies in the country.
■ Entry visa to work in the private sector: issued on the work permit issued by the competent government authority on the form prepared for that.
■ Entry visa for domestic workers will be issued if the age of the domestic worker not less than 21 years and not more than 60 Gregorian years, and in special cases competent minister may exempt from the age requirement.
■ Entry visa for practicing a commercial or industrial activity: issued on the license of the competent authorities of the foreign investor or partner.
■ Entry visa to join the family: issued by the General Administration of Residence Affairs at the request of the sponsor
■ Entry visa to study: Is issued based on a certificate from the government educational bodies or private universities in the country certified by the competent authorities proving the acceptance of the student to study therein.
■ Entry visa for medical treatment: Is issued on the basis of a certificate issued by the Ministry of Health or a private hospital provided that ratified by the Ministry of Public Health proving the acceptance of foreigner treatment in its hospitals.
■ Entry visa for the visit (government, commercial, family, private): issued at the request of a citizen, resident or a legal person according to the rules determined by the General Administration of Residence Affairs, and the visitor may stay in the country for a maximum of one month unless he is authorized to stay In accordance with the provisions of Article 11 of Amiri Decree No. 17 of 1959 or the conversion of the visit to ordinary residence in accordance with the provisions of Article 16 of this resolution.
■ Entry visa for traffic: issued by Kuwaiti consulates abroad or from the competent authority in the Ministry of Interior or from the ports of the country, at the request of the concerned person stating the country coming from him and the country to which he is traveling, provided that he must hold a visa to enter the country to which he is heading. The duration of his stay in the country shall be more than 7 days. He may be granted temporary residence in the country in accordance with the provisions of Article 11 of Amiri Decree No. 17 of 1959.
■ Entry visa for drivers of transport vehicles (trucks, buses): issued by Kuwaiti consulates abroad or from the competent authority in the Ministry of Interior or from the ports of the country at the request of the concerned person showing the country coming from him, and this feature allows the holder to stay in the country for a period Not more than fourteen days, and may be granted temporary residence in accordance with the provisions of Article 11 of Amiri Decree No. 17 of 1959.
■ Entry visa for tourism: issued by Kuwaiti consulates abroad at the request of the person concerned, may also be issued by the competent authority in the Ministry of Interior or ports of the country in accordance with the rules set by the General Administration of Residence Affairs, and this feature allows the holder of temporary residence in the country for three months It may be renewed not later than one year from the date of entry in accordance with the provisions of Article 11 of Amiri Decree No. 17 of 1959.
■ Emergency entry: issued in the ports of the country in case of emergency, and the bearer must leave the country within seven days from the date of entry, and determine the General Directorate of Residence requirements for entry, as well as controls to request extension or conversion to a temporary or normal residence.
■ Multiple Entry visa: issued by the General Administration of Residence Affairs and not longer than one year, and allows the holder repeated entry into the country during that year, provided that the duration of stay in the country not more than one month from the date of each entry in accordance with the provisions of Article 10 of The Amiri Decree No. 17 of 1959, the Director General of the General Administration of Residence Affairs, shall determine the controls and conditions required for their issuance.
■ Entry visa for a temporary government contract: issued at the request of a legal person under a government contract of less than one year, in accordance with the rules set by the General Directorate of Residence Affairs in accordance with the provisions of Article 11 of Amiri Decree No. 17 of 1959.

Article 5: The employer described in Article 4, paragraph 3, of this Resolution shall mean the following categories: Head of the Kuwaiti family consisting of a husband and wife or several wives; the head of the Kuwaiti family consisting of a widower or divorced father and his children who live with him under one roof; Kuwaiti elderly or disabled, whether male or female except those with intellectual disabilities; Kuwaiti women who are widowed or divorced and have children or are married to a foreigner; a foreign woman divorced by a Kuwaiti or his widow and has children; the head of the foreign family consisting of a husband and wife or several wives and children living with him in one household; foreign women residing in the country and have children to sponsor and whoever is excluded in accordance with the rules and conditions determined by the General Administration of Residence Affairs.

Article 6: The number of domestic workers and the like shall be determined by the employer referred to in Article 5 of this resolution as follows:

First: For the categories indicated in items 1, 2, 3, 4 and 5, they shall be as follows: three domestic workers may be granted to the head of the household, which consists of seven members or less; It is permissible to grant four domestic workers to the head of the family, which exceeds seven members; one domestic worker may be granted to the head of the household in addition to the number indicated in items 1 and 2 for each person with disabilities in the family, provided that this is proved by the documents issued by the competent authority.

Second: For the categories mentioned in items 6 and 7, the head of the household may be granted 2 domestic workers.

The estimate of the maximum number of domestic workers granted to the employer shall be subject to the General Directorate of Residence Affairs, taking into account the number and age of the family members, the type of housing, the level of income and other considerations deemed necessary.

Article 7:
1 – The residence fees of the domestic worker with the employer referred to in clauses 1, 2, 3, 4 and 5 of Article 5 of this resolution shall be fixed at the rate of 10 dinars for each year. Above the maximum prescribed in Article (6), a residence fee of (50) KD shall be paid for the first additional domestic worker, and an increase of KD 50 for each domestic worker on the residence fee of the previous additional domestic worker. The residence fees of the domestic worker with the employer referred to in clauses (6 and 7) of Article (5) of this resolution shall be set at KD 200 for the first domestic worker and KD 300 for the second domestic worker, an increase (100 KD) for each additional domestic worker. Domestic workers with diplomats shall be exempted from residence fees by (2) domestic workers only.

4 – The renewal fees for the Residence of domestic workers in the years following the first year are set at KD 10 per year for each domestic worker.

5 – In case of approval of transferring the residence of the domestic worker from one employer to another, it shall be treated as a new residence and the previous provisions shall be applied in this case by General Directorate of Residence Affairs.

Article 8: Any foreigner who has entered the country for the purpose of visit, traffic, tourism or driving transport vehicles (trucks of all kinds – buses coming from abroad) for a period exceeding 48 hours shall notify himself or his representative of the competent residence administration of his place of residence.

In both cases, notification shall be made within 48 hours on the form prepared for this purpose. The Director of the General Department of Residence Affairs may exempt any person he deems from notification for reasons he deems appropriate.

Article 9: Managers of furnished hotels and residences prepared for rent shall notify the General Directorate of Residence Affairs of foreigners who stay in their facilities or leave within 48 hours from the time of their departure or departure on the form prepared for this purpose. The landlord or his deputy shall also indicate in the lease the passport number of the foreign tenant and all that proves his identity. He shall notify the Department of Residence Affairs in the governorate located in the real estate department of the tenant’s name, nationality, place of work and data of the tenants. Reporting shall be in writing within a week in accordance with the mechanism established by the General Administration of Residence Affairs.

Article 10: Anyone who has sheltered a foreigner or resided in his home shall notify the competent residence administration of the foreigner’s name, address, nationality and passport number within 48 hours of the foreigner’s departure or departure, in accordance with the mechanism prescribed by the General Administration of Residence Affairs.

Article 11: Any foreigner who has a child born in Kuwait shall notify the Department of Residence Affairs in the governorate where he resides with a passport or travel document for the child within two months from the date of birth.

Article 12: A foreigner who has entered the country in accordance with the provisions of clauses (1, 2, 3, 4, 5, 6, 7 and 14) of Article 4 of this resolution may stay there without a residence permit for a period not exceeding two months from the date of entry. Procedures for obtaining regular or temporary residence must be initiated during that period. The ordinary residence data shall be recorded in the civil card issued by the Public Authority for Civil Information or the temporary Residence stipulated in Article 14 of this resolution and shall be recorded in the passport or the document which acts as the passport.

Article 13: A temporary or regular residence permit may be granted to a foreigner born in Kuwait or who has entered the country in accordance with the provisions of the preceding Articles, and who has a valid passport or travel document for the duration of his stay. Residence may be transferred from one type to another and from one purpose to another in accordance with the regulations determined by the General Administration of Residence Affairs. The normal duration of stay shall be linked to its purpose and shall end with its expiry even if it is before the end of its term.

Article 14: A temporary residence permit may be granted to a foreigner for a period not exceeding three months. 1- Anyone who entered the country under one of the characteristics of entry referred to in Article 4 of this resolution and those whose regular residence in the country has ended. The necessary and urgent cases estimated by the General Administration of Residence Affairs. If the foreigner wishes to renew the temporary residence, he shall submit a request for this at least one week before its expiry.

Article 15: Normal residence shall be granted in accordance with Articles Nos. 17, 18, 19, 20, 22, 23 and 24 of this resolution for a period not exceeding five years, which may be renewed at the request of the concerned person at least one month before its expiry. The period of residence (normal or temporary) granted to a foreigner shall not exceed the validity of his passport.

Article 16: The entry visa for a visit may be converted to a normal residence in the following cases:
1 – Who joins one of the ministries of the State or public institutions and bodies, and this is limited to university qualifications and technical specialties, according to the Director General of the Directorate General of Residence Affairs for arrivals on the occasion of entering a government visit.
2 – Domestic workers and the like.
3 – Joining a family for those arriving with a family visit entry visa or a tourist entry visa.
4 – Anyone who has a valid residence permit and who has not stayed for more than 6 months outside the country, and was forced to enter the country under a visa to visit.
5 – Anyone who entered the country under an entry visa to work and started the procedures for obtaining Residence requirements, but was forced to leave the country and stayed abroad for a period not exceeding one month. Cases assessed by the General Directorate of Residence Affairs.

Article 17: The normal residence may be granted to work in the government or public bodies and institutions, based on a letter issued by the body that appointed the applicant to work therein, and shall notify the General Administration of Residence Affairs immediately after the termination of the service of the employee working for it.

Article 18: The normal residence may be granted to work in the private sector under the work permit issued by the competent government authority. The residence of the worker in this sector may not be transferred unless authorized by the competent government authority. Expiry or termination of the employment contract and return it to his country at his expense upon the termination of his employment.

Article 19: The normal residence may be granted to the foreign investor or partner in a commercial or industrial activity, based on a request from the concerned party accompanied by a license to carry out the activity issued by the competent government authority.

Article 20: Normal residence may be granted to domestic workers and the like on the request of the employer on the form prepared for this undertaking that the domestic worker works for him and return him at his expense to his country at the end of his work. The Residence of a domestic worker and the like shall not be transferred except with the consent of the employer whose residence has been issued under his sponsorship, and the consent of the domestic worker to transfer to the new employer under a bilateral contract signed by both parties in accordance with the procedures determined by the General Administration of Residence Affairs. The employer shall notify the Ministry of Interior of the abandonment of the domestic worker within one week of its occurrence. It shall be prohibited to employ or accommodate this domestic worker by third parties. He shall be allowed to leave the country, in which case he shall not be allowed to return to it until after two years, in accordance with the regulations determined by the General Administration of Residence Affairs.

Article 21: Without prejudice to the provisions of clauses (1, 2, 3, 4 and 5 of the family members who have reached the age of eighteen years and above) of Article (4) of this decision, the employer or the sponsor shall acknowledge and undertake that the employee’s data Or the sponsored is correct. If after the entry of the worker or the sponsored worker proves that these data are incorrect, they shall be returned to his country at the expense of the employer or the sponsor.

Article 22: Ordinary residence may be granted to join a family upon the request of the breadwinner on the form prepared for this purpose, in which he undertakes to spend it during his stay and to return it at his expense at the expiry of his residence.

Article 23: The ordinary residence may be granted for study at the request of the governmental educational authorities or private universities, accompanied by a certificate proving its acceptance of the study, certified by the competent authorities. The Director General of the General Directorate of Residence Affairs shall determine the controls required to convert this residence to another purpose.

Article 24: The normal residence without work may be granted to the person who provides evidence of the sources of his expenditure during the period of his stay. The Director General of the General Administration of Residence Affairs shall determine the conditions and controls required to grant and renew such residence. The Director General of the General Directorate of Residence Affairs may authorize him to work in the country upon a request from the government authorities.

Article 25: All persons arriving for the first time for the purpose of normal residence in the State of Kuwait from the countries where there are Kuwaiti embassies or consulates, must review these embassies or consulates to indicate their passports or entry visas, and are not allowed to enter the country without obtaining that visa. The applicant for residence in accordance with Articles under Nos (14 when requesting temporary residence for employees on temporary government contracts, 17, 18, 19, 20, 22 when requesting Residence for family members aged 18 years and over, 23, 24) of this resolution shall provide Follows: Two criminal case papers, one of which is issued by the competent authority of the country of origin, certified by the Kuwaiti embassy or consulate, if any, not later than three months from the date of entry; a health certificate issued by the Ministry of Public Health stating that the holder is free from communicable diseases.

The preceding paragraph shall not apply to family members who are born and resident in Kuwait. In order to obtain, renew or transfer ordinary residence to another employer or sponsor, it must be registered in the system of health insurance or insurance issued by the Ministry of Public Health in the name of the sponsored.

Article 26: If the residence permit expires or refuses to renew it, the General Administration of Residence Affairs may grant its owner a leave notice for a period not exceeding three months from the date of expiry of his residence, or the expiry of his service with the government authorities, in order to liquidate his rights and obligations. Entry permits to work in a profession (driver or delegate) in accordance with Articles 17, 18, 19 and 20 of this Decision shall not be allowed to a foreigner who was resident in the country and occupies one of those professions, until two years after the date of leaving the country. A domestic worker may be exempted from the passage of the twoyear period if the entry permit for work is for the same employer, or under a work permit for the establishment owned by the same employer he worked for.

Article 27: An expat shall be deported administratively from the country even if his residence is valid in the following cases: If he is convicted of a felony or a crime involving moral turpitude or dishonesty; if three criminal verdicts are issued against him including one which restricts to freedom within five years; if he has been sentenced to four criminal judgments whatsoever within five years; if the public interest or public security or morals require it. The deportation is carried out in accordance with these cases in coordination with the concerned authorities.

Article 28: First: Character fees shall be determined as follows: 1 – 3 dinars: (Entry visa); 2 dinars: (traffic attributes); 1 Dinar Entry visa for several trips for each month and not exceeding one year. Second: Residence fees shall be determined as follows: 10 dinars for regular residence for each year; 1 dinar: for each month, not exceeding ten dinars per year for temporary residence. In carrying out this, the sponsored person shall bear the residence fees for workers in the government and private sectors as follows: A – For the wife or wives and children by KD 10 in the government sector and KD 100 for workers in the private sector for the first year only, and the renewal fee for the following years at KD 10 per year per person. B – If the family member is not a wife or children, the residence fee is KD 200 per person per year. The residence fees for joining the aforementioned family in item (III) shall be collected for each individual even if it is added to the passport of another person. The following categories are exempted from the application of the previous clauses regarding the residence fees for joining the family: Foreign children of Kuwaiti and Kuwaiti citizens; Illegal military personnel working in the Ministry of the Interior, the Ministry of Defense and the National Guard; Nationals of the Gulf Cooperation Council States of the Gulf States residing in Kuwait subject to reciprocity; Fourth: Nationals of States that are parties to bilateral agreements with the State of Kuwait in this regard shall be exempted from the application of the above rules, provided that reciprocity is treated.

Article 29: To obtain a normal residence permit for joining a family for those coming from abroad, the monthly salary of a foreigner residing in the country shall not be less than KD 500 (five hundred Kuwaiti dinars), and the determination of the monthly salary of a foreigner shall be considered as the wage resulting from work in his profession on which he was granted residence in the country. With regard to the granting of a normal residence permit to join a family of those who are or are born inside the country and those born outside the country who do not exceed one year of age to parents residing in the country, the Director General of the General Administration of Residence Affairs shall be excluded from the salary requirement referred to in the first paragraph of this article.

Article 30: The salary requirement for obtaining a normal residence permit for joining the family mentioned in Article 29 of this decree shall be exempted from the following foreigners residing in the country with the following occupations provided that his profession in the country conforms to his specialization – Advisors, judges, prosecutors, experts and legal researchers in the government sector; Doctors and pharmacists; Professors of associations, colleges and higher institutes; School principals and agents, education directors, teachers, social workers and laboratory attendants in the government sector; University financial and economic advisers, Engineers; Imams, preachers and muezzins of mosques and memorizers of the Koran; Librarians in government agencies and in private universities. This is in addition to Workers in the Ministry of Health within the nursing body, including nurses, paramedics and medical professionals in various specialties, as well as workers in the field of social service; social workers and psychologists in the government sector; Journalists, journalists and reporters; Coaches and players in the Federation and sports clubs; Pilots and hosts; Processors of the dead and undertakers.

Article 31: To accept applications for entry and residence permits and other transactions for institutions and companies, they must be signed by one of the authorized signatories accredited by the competent government authorities.

Article 32: A foreigner licensed to reside may be granted permission to be absent outside the country for more than six months in the following cases – Students studying abroad and their companions provided that they are certified by an official certificate; Patients and their companions who require treatment outside Kuwait for a period of more than six months, and this shall be confirmed by certified medical reports; Employees of ministries, institutions, companies and their companions whose presence outside the country requires more than six months by a letter issued from their premises; the wife of the citizen and his parents; Husband and children of citizens; Domestic workers and the like. The request for authorization shall be submitted by the concerned person or his legal representative.

Article 33: Without prejudice to the provisions of Article 9 of this Decision, the responsibility of notification to a foreign tenant rests with the Ministries and agencies that have real estate or housing allocated to their employees; Ministry of Awqaf and Islamic Affairs for real estate managed or supervised. This is in addition to managing the state’s properties in respect of the real estate acquired, as well as the real estate that it leases to accommodate the state employees; the Administration of Minors’ Affairs in respect of properties administered by them on behalf of minors and company that leases real estate to housing its employees and any similar cases asks for reporting the entity that manages the property.

Article 34 The Ministerial Decree No. 640 of 1987, the Executive Regulations of the Aliens’ Residence Law, the Ministerial Decree No. 2 of 1992 and the Ministerial Decree No. 502 of 1993 referred to herein shall be repealed, as well as any text that contradicts the provisions of this Decree.

Article 35: The concerned parties shall implement this resolution and it shall come into force as of the date of its publication in the Official Gazette.

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