Legal Advice

Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a person to take a specific course of action based on the applicable law.

I have completed 3 years in Kuwait with mazra’a (farm visa). Can I transfer this visa to other category. I have professional (B-Tech) degree certificate.

Name withheld

Answer: Regardless the qualifications you hold, you cannot transfer your farm visa to another visa category. Indeed you can only apply to a different sponsor but on the same farm visa.

Source: Arab Times

Please give me an advice. My wife has been with me for the last three months (dependent visa # 22). Now she got a job offer as a Staff Nurse, is it possible to transfer her residence from 22 to 18? I heard that dependent visa can transfer only after 1 year, she has completed only 3 months. When it is possible to transfer?

Name withheld

Answer: The one-year stay stipulated is required of those without university degrees. If you are however a university degree holder, you can transfer your visa 22 to visa 18 at any point in time.

Source: Arab Times

I am asking this query on behalf of my cousin. She was born in Kuwait in 1978. However her birth certificate has been misplaced. Both her parents have passed away. She does not even know her civil ID number if it was issued at that time. How can she avail her birth certificate? Is it possible? Your advice would be much appreciated.

Name withheld

Answer: With no paper trail and both parents dead, we are afraid, we will be not in position to offer any advice on how your cousin can retrieve her birth certificate

Source: Arab Times

I am 18 years old, and I am a survivor of sexual assault. I saw your ‘Sexual Harassment’ post dating back to the 17th of October 2016, and I would like to address some of my own queries if you will. 7 months ago, I was raped by a stranger who I confided in and believed was a friend. Obviously dealing with rape and any form of sexual assault and/or harassment takes a toll on one’s mental and physical state. It was only recently that I re-emerged into a healthy mindset that I realized what had been done to me is a legal crime and the assailant should be prosecuted. With regards to litigation, I have no knowledge on how to proceed with this. As such, what should I do? How will the process of litigation be conducted? As I am a minor, what is required of me? What will happen once I proceed with filing a report? Will I get in trouble if I report this crime? Please let me know the answers to this question and any extra information that you possess.

Name withheld

Answer: We sympathize with you for the ordeal you went through but applaud you for mustering the courage to come out of the closet to seek justice for the wrong done. We advise that you confide in your parents on what happened to you and convince them to follow you to a police station, preferable a police station in the area where the rape took place, to file a case against the person who subjected to the heinous crime. From here what ever needs to be done the police will advise you on that. Harbour no fears, you will not get into any trouble after reporting the crime.

Source: Arab Times

I am a resigned employee of a private company waiting indefinitely to go on exit after receiving ‘final settlement’. My ‘work permit’ was cancelled in April 2017 soon after the notice period while visa and civil ID is valid up to Feb, 2018. Kindly advise whether it is permitted to travel outside and reenter Kuwait with the visa I am holding now. I have an important family function to attend back home.

Name withheld

Answer: The residence permit is tied to the work permit. This means that if your work permit is cancelled so is your residence permit. However, after the cancellation of the residence permit, a temporary one (visa 14) is given to you to enable you wind up your activities and leave the country.

If you still have your civil ID card with you and the pasted residence permit in your passport is not stamped cancelled, that means your work permit is still intact.

On the other hand, if the work permit was actually cancelled but they failed to stamp your passport cancelled as well as failed to apply for a temporary visa for you, then we are afraid that you are living in Kuwait illegally and must take steps to rectify the situation.

Failing to do this, you risk being deported if you are caught in addition to paying fines for the number of days you have illegally stayed in Kuwait. As for travelling outside Kuwait and returning forget about it if indeed your work permit has been cancelled.

The validity or otherwise of your residence permit can be checked from the Public Authority for Civil Information (PACI) online. If you check and it is intact, it means, your work permit has not been cancelled as alleged and in that case you can travel outside Kuwait and return.

Source: Arab Times

First I would like to thank you for your valuable information for Arab Times readers. I am 16 months old in Kuwait, I am master degree holder and my salary is KD 450. Designation is Asst Accountant. Kindly let me know am I eligible for driving license.

Name withheld

Answer: Yes, you are because of your accountant designation. Indeed accountants are exempted from both the salary (KD 600) and residence (2 years) conditions. Having said this, it is worth noting that the Traffic Department is the final arbiter and have the right to accept or reject applications even meeting all the requirements.

Source: Arab Times

My wife and child are on visit visa valid till 18-Oct-2017 Shall I apply for extension of Visit Visa? To apply for extension before how many days I need to approach immigration dept for extension Please advise.

Name withheld

Answer: Visit visa for immediate family (wife and children) members has a 3-month validity period which starts from the day of entry. This 3-month stay in Kuwait cannot be extended after expiry. If you do your calculation and Oct 18, 2017 falls within the 3-month validity, this means you cannot apply for extension. If however the calculation shows that your wife and child still have one or two months to stay on Kuwait then you can apply for the extension a day or two before Oct 18.

Source: Arab Times

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