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 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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