Project Visa Rules Prevent Expat from Moving to a New Employer? Here is What You Should Know

24/08/2025

Project Visa Rules Prevent Expat from Moving to a New Employer? Here is What You Should Know

Question: I am seeking your legal advice regarding my employment and residency status in Kuwait.

I first arrived in Kuwait in 2015 on a work visa (Article 18 – Project Visa) for a manpower supply project with KNPC. After completing that contract, I was transferred to another company that had won the same contract. Recently, I received a job offer from a different company (KOC Project). However, my current employer has informed me that they will not approve a local transfer and instead intend to cancel my residency and send me back to India. As my current residency is the result of a local transfer, I would like to understand whether my employer is legally allowed to deny a local transfer in this situation, or if I have the right to transfer locally without their objection. I would greatly appreciate your professional guidance on the legal status of my case and the best course of action available to me under Kuwaiti labor and residency laws.

Thank you for your time and assistance.
(Name withheld)

Answer: Under Kuwait labor and residency regulations, your employer is legally within their rights to deny a local transfer on a project visa. Unless the transfer falls within the same government project framework and is approved by PAM, you may need to exit Kuwait and return under a new Article 18 visa sponsored by your new employer.

As of Nov 3, 2024, Kuwait allows workers on government project visas (Article 18 – project) to transfer to the private sector, provided that:

The project contract has officially ended.
The worker has completed at least one year with the current sponsor.
The relevant government entity confirms the contract’s completion.
The current employer (sponsor) consents to the transfer.
A KD 350 transfer fee is paid.

How It Relates to Your Situation

Since your visa is a Project Visa (Article 18) tied to KNPC, and now you want to join a KOC project under a different employer, you technically fall within this category.
However, the new regulation still requires sponsor approval for the transfer. Your employer’s refusal therefore remains legally valid.
Without that consent, the employer can cancel your residency, after which you could only join the new company through a fresh Article 18 visa (exit and re-entry).

Key Change vs. Old Rules

Before November 2024, Project visa transfers were extremely limited, often only allowed within the same project chain.

After November 2024, transfers are now explicitly permitted to the private sector (including other projects), but are still conditional on sponsor approval and fees.

Does your employer have the legal right to deny a local transfer?

Yes. Even under the new Nov 2024 regulation, sponsor consent is mandatory. They can deny and proceed with cancellation.

Do you have the right to transfer locally without objection?

No. The law still does not give employees unilateral transfer rights. The path remains conditional, not automatic.

Conclusion: The Nov 2024 update made project visa transfers easier in Kuwait (with a KD 350 fee and clearer rules), but it did not remove the sponsor’s power to block the transfer. In your case, unless your employer agrees, you would need to exit Kuwait and return on a new visa from the new company.

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