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Tuesday, December 03, 2024
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Kuwait imposes 5-year residency cap

STRICTER EXPAT RESIDENCY LAW WITH HARSHER PENALTIES ROLLED OUT

publish time

25/11/2024

publish time

25/11/2024

Kuwait imposes 5-year residency cap

Notify Interior Ministry within two weeks if passport is lost or damaged
Expats on visit can stay maximum of 3 months unless granted extension or residency
Residency violators could face one year in prison, fines of up to KD 1,200

The regulations are designed to enforce strict control over expatriate residency and impose severe penalties for violations related to residency and employment practices.

Below is a summary of the main regulations:

- Reporting loss or damage of passports: Expatriates must notify the Ministry of Interior within two weeks if their passport is lost or damaged.
- Hotel and Accommodation Reporting: Hotels and providers of furnished accommodations must report the arrival and departure of foreign guests within 24 hours.
- Visit Duration: Expatriates visiting Kuwait can stay for a maximum of three months unless granted an extension or a residency permit.
- Residency Duration: Temporary residency permits are limited to three months but may be extended for up to one year.
Regular residency is capped at five years, with exceptions allowing up to ten years for children of Kuwaiti women, and property owners, and up to 15 years for investors.
- Domestic Workers: Domestic workers are not allowed to remain outside Kuwait for more than four months without prior permission from the Ministry of Interior.
- Notification by Sponsors: Sponsors must inform the ministry if a foreigner’s visa expires or if the foreigner overstays their permitted duration.
- Penalties for Violations:
- Individuals who fail to comply with the reporting requirements can face fines of up to KD 2,000.
- Hotel managers and transport operators who fail to comply with regulations may face fines of up to KD 400
 Residency and Visit Violations:
- Residency violations can result in up to one year in prison and fines of up to KD 1,200
- Visit-related violations may incur fines of up to KD 2,000.

Illegal Entry:
- Individuals involved in illegal entry may face imprisonment for up to three years and fines up to KD 3,000.

Employment Misconduct:
- Employing foreigners unlawfully or failing to pay dues can lead to up to two years in prison and fines of up to KD 10,000.
- Residency trafficking is punishable by up to five years in prison and fines of up to KD 10,000.

Regulations on Visit Visas and Residence Permits:
Expatriates must have valid travel documents and enter Kuwait through authorized checkpoints. They are required to carry valid residency permits and are not allowed to remain outside the country for more than six months without prior approval. Sponsors are accountable for reporting any violations related to visas or residency.
Unauthorized employment or permitting expats to work for others without proper authorization is strictly prohibited.

Prohibitions and Penalties
- Residency Trafficking: Exploiting the residency system is punishable by:
- Up to three years in prison and a fine of KD 10,000
- Increased penalties by double for repeat offenders or public officials involved in such activities.
- Illegal Employment and Harboring: Providing shelter or employment to expatriates without valid residency or work permits is prohibited.
- Public Officials: Stricter penalties apply for violations involving public officials acting within their official capacity.

General Provisions:
Diplomats, heads of state, and other designated individuals are exempt from certain residency requirements.
The residency regulations are per international agreements signed by Kuwait.
Transitional provisions ensure that existing regulations remain in force until the new rules are implemented.
This law underscores Kuwait’s commitment to regulating expatriate residency and upholding national security and public order.
Its comprehensive provisions are designed to prevent system abuse and protect both the rights of residents and the integrity of the country’s legal framework.

Details of the chapters and articles of the new decree-law approved by the Council of Ministers are as follows:
Chapter One: Entry of Foreigners
- Article 1: Foreigners entering or leaving Kuwait must possess a valid passport issued by their country of origin or recognized authority. Alternatively, they may present an equivalent travel document. Nationals of Gulf Cooperation Council (GCC) countries are exempt from this requirement and may enter using their ID cards, per regulations established by the Ministry of Interior in coordination with GCC member states.
- Article 2: The types of visas and the procedures for obtaining them will be specified in a decision issued by the Minister of Interior.
- Article 3: Citizens of certain countries, as determined by decree and based on the recommendation of the Minister of Interior, may be exempt from visa requirements, provided that reciprocity is maintained.
- Article 4: All entry and exit must occur through designated points of entry, and the procedures established by the Ministry of Interior must be followed.
- Article 5: Captains of ships and aircraft, and drivers of buses and cars, are required to submit detailed lists of crew members and passengers upon arrival or departure. They must report any individuals without valid travel documents to the relevant authorities and prevent them from boarding or disembarking.

Chapter Two: Notification to Relevant Authorities
- Article 6: Foreigners with children born in Kuwait must submit the child’s passport or travel document to the Ministry of Interior within four months to obtain a residency permit or arrange for the child’s departure.
- Article 7: Foreign residents are required to present their passports or equivalent travel documents upon request and must report any loss or damage to these documents within two weeks.
- Article 8: Managers of hotel and furnished accommodations must notify the Ministry of Interior within 24 hours regarding the arrival and departure of foreign guests. Police officers authorized by the ministry will inspect the records, report any violations, and take appropriate legal action.

Chapter Three: Residency of Foreigners
- Article 9: Foreign nationals wishing to reside in Kuwait must obtain a residency permit from the Ministry of Interior.
- Article 10: Kuwaiti citizens can secure residency permits for their foreign spouses. Kuwaiti women, excluding those who acquired citizenship through marriage, may also obtain residency permits for their foreign husbands and children. Widows or divorcees with children from Kuwaiti men are entitled to residency permits.
- Article 11: Foreign visitors may stay in Kuwait for up to three months unless they obtain a residency permit.
- Article 12: Temporary residency may be granted for up to three months, with the possibility of renewal for up to one year. For extended stays, regular residency permits must be obtained, under terms set by the Ministry of Interior.
- Article 13: Foreign nationals may be granted a regular residence permit for up to five years.
However, certain groups, including children of Kuwaiti women and property owners in Kuwait, may qualify for permits lasting up to ten years, as determined by the Minister of Interior.
Investors, under law No. 116/2013 concerning direct investment, may be eligible for permits lasting up to 15 years.
The regulations for granting such permits will be issued by the Council of Ministers.
In all cases, the foreigner’s passport must remain valid throughout the permit. If the residence period expires or renewal is denied, the individual must leave Kuwait unless granted a new permit.
Exceptions apply to children of Kuwaiti women, property owners, and investors.
Other residents may not remain outside Kuwait for more than six months without prior approval from the Ministry of Interior, or they risk losing their residency rights.
The Minister of Interior is responsible for setting the specific conditions and procedures for granting and renewing residence permits under this article.

- Article 14: Domestic workers may be granted residency permits under the same terms outlined in Article 13, with the duration limited to the period of their employment contracts.
Employers are required to notify the Ministry of Interior within two weeks if a domestic worker leaves their employment. Upon leaving their job, the domestic worker’s residency is automatically canceled as of the departure date.
A new residency permit may be issued only if approved by the competent authority. The transfer of a domestic worker’s residency is restricted and requires either the employer’s consent or approval from the Ministry of Interior, particularly when public interest is a consideration.
Furthermore, domestic workers are not allowed to remain outside Kuwait for more than four months without prior approval; otherwise, their residency permit will be revoked.

- Article 15: Employees working in government or non-governmental agencies may be granted residency permits based on a request from their respective employers. Such individuals must possess a valid work passport. If the employee’s residency expires without renewal or transfer to another sponsor, they must leave Kuwait within a period determined by the Ministry of Interior, not exceeding six months.

Changing sponsors within either the government or private sector requires prior approval from the current employer or the Ministry of Interior.
 Employers are obligated to notify the authorities within two weeks of an employee’s departure or termination of employment.

- Article 16: Sponsors are responsible for notifying the Ministry of Interior if a foreigner’s entry visa, temporary residence, or regular residence permit expires without the individual departing Kuwait.
- Article 17: The fees for residency permits, renewals, and entry visas are to be determined by the Minister of Interior. Exemptions are granted for children of Kuwaiti women who have secured residency under Article 10, as well as other cases as specified by the Minister.

 Chapter Four: Residence Trafficking and Related Crimes
- Article 18: Engaging in residency trafficking is strictly prohibited. This includes exploiting or facilitating the recruitment of foreign individuals by issuing or renewing entry visas or residence permits in exchange for monetary compensation, benefits, or promises, for oneself or others. This applies regardless of whether the recruitment or renewal involves genuine, fictitious, or alleged employment. Also, it is illegal to employ a foreigner without proper authorization or in violation of the labor law for the private sector or the domestic workers law.
- Article 19: Employers or individuals recruiting foreign workers are prohibited from assigning them tasks outside those specified during recruitment or facilitating their employment with other parties without official authorization from the Ministry of Interior. Employers are also forbidden from unjustifiably withholding workers’ wages. Foreign workers must not work for any employer other than their designated sponsor without prior approval from their employer or the relevant authorities.
In all cases, it is prohibited for any person to shelter, employ, or house a foreigner whose residency is invalid, expired, or who lacks valid residency status in Kuwait.

Chapter Five: Deportation and Exit Regulations for Foreigners
- Article 20: The Minister of Interior is authorized to order the deportation of a foreigner within a specified period, even if the individual holds a valid residence permit, under the following conditions: - If the individual lacks a legitimate source of income.
- If the individual violates the provisions outlined in Article 19 of this decree-law. - If the Minister determines deportation is necessary for reasons related to public interest, security, or morality.
- Article 21: Deportation orders for a foreigner may also apply to family members who are financially dependent on the individual.
- Article 22: Foreigners subject to deportation orders may be detained for a maximum of 30 days, with extensions granted as needed to facilitate the execution of the deportation decision.
- Article 23: Foreigners without valid residency permits, or those with expired permits, shall be expelled from Kuwait by a decision of the Minister of Interior. They may only return to Kuwait once they meet all the entry requirements stipulated by this decree-law.
The Minister of Interior may waive all fines associated with violations of this law for expelled individuals, provided they leave the country.
- Article 24: Employers or sponsors are responsible for covering the costs of deporting or removing a foreign worker from Kuwait. However, if an individual is found to have unlawfully employed, housed, or sheltered a foreign worker in violation of Article 19, they will be required to bear the full deportation expenses. Furthermore, the Minister of Interior may order the deportation costs to be deducted from the foreign worker’s assets, if applicable.
- Article 25: If a deported foreigner has interests or assets in Kuwait that need to be liquidated, they will be granted a specified timeframe for this purpose, under conditions set by the Minister of Interior.
- Article 26: Foreigners who have been previously deported may only return to Kuwait with explicit approval from the Minister of Interior.

Chapter Six: Penalties
- Article 27: The following penalties apply for violations of the specified articles:
- Violations of Articles 6, 14 (Paragraph 2), 15 (Paragraph 4), and 16 result in a fine ranging from KD 600 to KD 2,000.
- Violations of Articles 5, 7 (Paragraph 2), and 8 are punishable by imprisonment for up to three months, and/or a fine between KD 200 to KD 400. - Violations of Articles 9, 12, 13 (Paragraph 5), 14 (Paragraph 3), and 15 (Paragraph 2) result in imprisonment for up to one year and/or a fine between KD 600 to KD 1,200.
- Violations of Article 11 incur imprisonment for up to one year and/or a fine between KD 1,000 to KD 2,000. - Violations of Article 1 result in imprisonment for up to six months and/ or a fine between KD 200 to KD 600.
- Violations of Articles 4 and 26 are punishable by imprisonment for one to three years and/or a fine between KD 1,000 to KD 3,000.
- Repeat offenders face imprisonment for three to five years and fines ranging from KD 3,000 to KD 5,000. - Violations of Article 19 lead to imprisonment for up to two years and/or a fine ranging from KD 5,000 to KD 10,000.
- In cases involving Articles 1 and 4, any transportation used in the offense and funds obtained will be confiscated, unless owned by a third party acting in good faith.
- Article 28: Anyone found guilty of violating Article 18 will face imprisonment for three to five years and/or a fine ranging from KD 5,000 to KD 10,000. The fine will increase for each foreigner involved in the offense, and penalties will be doubled for repeat offenders or public employees committing the violation within the scope of their duties.

If residency trafficking is conducted by a legal entity, the entity will be fined between KD 5,000 to KD 10,000 per violator. In addition, the entity’s business license will be revoked, and the individual responsible will face the penalties outlined in the first paragraph of this article. Individuals who obtain permits in exchange for monetary compensation, benefits, or promises will face imprisonment for up to one year and/or a fine of up to KD 1,000. Informants who report such crimes will be exempt from punishment.

Chapter  Seven:
Part 1 - General Provisions and Penalties for Residency Trafficking
- Article 29: The Public Prosecution is granted exclusive jurisdiction over the investigation, management, and prosecution of residency trafficking crimes, and must ensure that all related offenses fall under its authority.
- Article 30: Any individual found in violation of any provision of this decree-law or its associated regulations, unless a more severe penalty is prescribed by another law, will be subject to a fine ranging from a minimum of KD 100 to a maximum of KD 200.
- Article 31: A settlement process is available for certain violations under this decreelaw, which allows individuals to resolve the issue by paying fines.

This reconciliation applies to violations in Articles 6, 7 (Paragraph 2), 9, 11, 12, 13 (Paragraph 5), 14, 15 (Paragraphs 2-4), 16, and 19 as follows:
- For violations of Article 11: A fee of KD 10 will be charged for each day of delay.
- For violations of Articles 6, 7 (Paragraph 2), 9, 12, 13 (Paragraph 5), 14 (Paragraphs 2-3), and 15 (Paragraphs 2-4):** A fee of KD 2 for the first month of delay, with an increase to KD 4 per day thereafter.
- For violations related to domestic workers’ residency issues: A fee of KD 2 per day of delay, with a cap of KD 600.
- For violations of Article 16: A fee of KD 10 for each day of delay for individuals who entered for a visit, and KD 4 dinars per day for other situations.
- For violations of Article 19: A fine of KD 3,000, with the fine amount multiplied by the number of foreign violators involved. The total settlement amount cannot exceed the maximum fine prescribed for the specific violation.

 Payments made in the settlement will resolve both the criminal case and its associated consequences. However, the Minister of the Interior may refuse reconciliation if deemed inappropriate. Part 2 - Exemptions and Further Regulations

- Article 32: The following individuals and groups are exempt from the application of this decree-law:
- Heads of State and their immediate family members. - Heads and official personnel of diplomatic missions, along with their families, subject to the principle of reciprocity.
- Holders of diplomatic, special, and political passports, provided reciprocal treatment is applied.
- Individuals deemed exempt by the Minister of Interior for reasons related to international courtesy.

- Article 33: This decree-law does not override any international agreements regarding residency to which the State of Kuwait is a party.
- Article 34: The regulations and decisions outlined in Amiri Decree No. 17/1959 shall remain in effect until the Minister of Interior issues the necessary regulations to implement this new decree- law, which must occur within six months from the date of its publication in the official gazette.
- Article 35: Amiri Decree No. 17/1959 is hereby repealed, along with any provisions that conflict with the current decree-law.
- Article 36: Each minister, in their respective capacity, is responsible for ensuring the enforcement of this decree-law, which will be published in the official gazette.

The main prohibitions under the decree-law are as follows:
- Residency Trafficking: The exploitation of recruitment for monetary compensation or benefits to facilitate the issuance or renewal of entry visas or residency permits.
- Employment Violations: Employing a foreign worker for purposes other than the original intent of their recruitment.
- Wage Violations: Unjustly withholding wages or benefits owed to a foreign worker under their employment contract.
- Unauthorized Employment: Employing a foreign worker by someone other than their approved employer.
- Invalid Residency: Housing or employing a foreigner without a valid residency permit, whether expired or not.
- Sheltering Violations: Providing shelter to a foreigner without a valid residency permit.

The penalty for violations related to residency trafficking is imprisonment for up to three years and a fine ranging from KD 5,000 to KD 10,000. The penalties will increase based on the number of foreign violators involved. Public employees found guilty of residency trafficking will face double penalties due to the higher standards imposed on their roles. Recidivism will result in further escalation of penalties.

Legal entities convicted of residency trafficking will be fined from KD 5,000 to KD 10,000, and will have their operating licenses revoked. The responsible individual within the legal entity will face penalties equivalent to those imposed on individual violators.

A foreigner may be deported under the following conditions:
- Lack of a legitimate source of income to support their stay.
- Engaging in unauthorized employment or working without the required license or approval.
- For reasons of public interest, including concerns related to public security or morality. A deportation order may also extend to family members who are financially dependent on the foreigner.

A foreigner subject to deportation may be detained for up to 30 days, with the possibility of an extension if necessary to complete the deportation process. The Minister of Interior has the discretion to waive fines for deported individuals, provided they leave the country promptly.

The employer or any individual who unlawfully employed or sheltered the foreigner will be held responsible for the costs associated with their deportation.
This detailed overview aims to communicate the legal measures, penalties, and specific regulations concerning residency trafficking, deportation procedures, and related offenses.