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.

My daughter was born here in Kuwait, she obtained a residence permit under my sponsorship. My wife and I are working here in Kuwait. We have decided to send our daughter to our home country and let her visa expire, then we bring her back here in Kuwait through visit visa. Is there any way I can make a residence permit for her again? My current salary is KD 300 and my wife’s salary is KD 250. Please advice me, thank you.

Name withheld

Answer: If you send your daughter back to your home country and her residence expires while she is outside, it means you will have to meet the current conditions prevailing to be able to sponsor your daughter again on a dependent visa.

The current condition is that you have to earn a salary of not less than KD 450 to be able to sponsor a family member on dependent visa.

Since your salary is KD 300 and you cannot couple your salary with your wife’s to attain the magical figure, you will not be able to sponsor your daughter again on a dependent visa if she goes back to your home country.

I am presently working in factory. Now I would like to transfer my visa to restaurant. But I heard there is no possibility of transferring any factory visa to any other visa. But I initially came to Kuwait on restaurant visa. Last three transfers were to different restaurants. But now I am working on factory visa. Is there any possibility to change again to restaurant visa?

Name withheld

Answer: As you indicated you initially came to Kuwait on a restaurant visa and have now transferred to a factory visa. To the best of our knowledge, you will have no diffi culty in transferring back to a restaurant visa since the transfer to the factory visa was done locally.

Source: Arab Times

I am working in a private company holding visa 18 … my monthly basic salary is KD 300+KD 120 allowance. My wife is also working in a private company holding visa category 18 and has a montly basic of KD 250+KD 50 allowance. My wife is pregnant and delivery will be done in Kuwait in December. Is it possible to get dependent visa for my child as my basic is KD 300. Will I get any consideration as my child is born in Kuwait?

Name withheld

Answer: To the best of our knowledge, the law on the issue states that in a situation where both the parents are working with valid resident permits, the salaries are of no importance when applying for a dependent visa for a baby born in Kuwait. Having said this, it is not uncommon for some clerks at the Immigration Department to insist on every applicant of dependent visa to meet the salary cap of KD 450 a month. If you find yourself in such a situation, you should demand to see a senior immigration officer and talk over the issue with him or her.

Source: Arab Times

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.

Source: Arab Times

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.

 

Source: Arab Times

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.

Source: Arab Times

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.

Source: Arab Times

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