I firstly thank you for the clarifications that you have been providing to all the expatriates in Kuwait and appreciate the efforts put in by the newspaper.

I am an Indian working as an engineer in a private firm on a KD 750 salary.

My query: I got married around 5 months back and have got a family dependent visa issued for my wife. I had couriered her the visa and asked her to proceed for medical formalities. On receiving her medical report from the diagnostic center, she was declared medically unfit due to a small right calcification spot in the chest X-Ray.

The approved medical center only gave her a diagnostic report mentioning her as “UNFIT – Right Apical Calcification” She was asked by the approving authorities to get another opinion by getting a detailed CT scan test to be performed from any reputed medical institution in India which they shall forward to the concerned panel of doctors in Kuwait.

Please confirm if this is true? She did the same and got the reports verified from 2 specialists from different hospitals and they have confirmed that the complete CT scan report and X-Ray clearly mentions that “even though calcification is present, there is no sign of any active infection like cancer or tuberculosis and she is not infectious to others”.

I spoke to some of my friends in Kuwait who advised that once she (my wife) is declared unfit even if it is due to some past infection which could have been probably in her childhood, the concerned screening authorities will not entertain the CT scan results and stamp her visa as unfit and she will then be banned from entering Kuwait as all her details would be there in their data base.

How can I solve this problem as there is absolutely no active infection present and I assure that any test done even in Kuwait will not show presence of any infection.

I am even ready to give an undertaking required i.e. to arrange for her to leave in case any infection is found during any medical test in Kuwait. I just want her to visit Kuwait once and stay with me even if it is on visit visa.

Can there be any way out ?

Is there any consideration shown by the screening authorities in India appointed by Kuwait government?

Should I ask her to send me her reports and have the same verified by the specialists in Kuwait and submit that report to the screening authorities in India prior to the expiry of her family visa. Please advise as I am really worried.

Name withheld 
Answer: Unfortunately, there is nothing you can do. Once you have been declared medically unfit the information is entered in all the computer networks in Kuwait and you will not be able to get any sort of visa.

Health officials talk about a very lengthy procedure, involving setting up of a board, to hear appeals against being medically unfit but in practice this has never been done because “ no body will really take the pains to go through such a lengthy appeal, and that for an expatriate.

In fact, things in this regard have become so bad that if you are declared medically unfit by one of the Gulf Cooperation States (GCC), the information is shared with all the other states and you can’t enter any of the GCC countries any sort of visa.

Source - Arab Times
Note - All the answers were provided by Arab Times Legal Clinic.

I would like to ask you about my driving license.I got my driving license in January 2015 and I came Read More... to the country on a driver’s visa. After some time I got a job in a multinational company. They changed my job status on my residence to “distributor”. My license will expire in 2 months.My question is this: Can I renew my license?Name withheldAnswer: No, you will not be able to renew your driving license. The reason is simple. About two years ago, the Ministry of Interior issued a decision that expatriates who obtained driving licenses when their job status on their work permits was “driver” would have their licenses cancelled or would not be able to renew them if their status on the work permits changed. “Drivers” was one of the four categories which came under the hammer.The others being students, housewives and mandoubs (company representatives).So, if expatriates from any of these four categories has obtained a driving license because these categories were mentioned on their work permits, they stand to lose their licenses once these categories are changed.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic .

I just want to get some legal advice because my absconding case is at a dead end… it can&rsqu Read More... o;t be cancelled and I have found out that there is no other way for me to solve the problem, other than to wait for amnesty or surrender to the police and be deported.Okay I accept that now, and I am looking for an opportunity in Dubai, so if I surrender and am deported, will I be allowed to travel directly to Dubai or must I go back to my country of origin?Name withheld Answer: Unfortunately, the laws on absconding cases totally favor the sponsor, even if the employee is right…he will be punished because the sponsor has filed an absconding case against him. The only way out of this situation is an amnesty, although there are no signs of it so far on the horizon. If you are deported it will be to your country of origin and not to any other place.Please remember that once you surrender yourself the law will be lenient on you and “could” allow you to return after a year but if you are arrested and deported you will never be allowed to come back to Kuwait.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been working in a private construction company for last 12 years, came directly from India on Read More... a project visa. Now I got a good opportunity and the company has already given me the transfer letter.But the new company is unable to transfer the visa, as the Ministry of Social Affairs and Labor has rejected the transfer letter which was submitted about 2 weeks ago.This was my first transfer from project to project visa under another contractor. I am very much worried and… is it possible to transfer my residence locally.Name withheld Answer: Because of the current very strict restrictions — imposed in January this year — on the transfer of government project visas you can currently only transfer to another government project and not to the private sector.As the government is not, at the moment, keen on relaxing the rules, the only option you have is to cancel your current residence, leave the country and return on a new visa. So try to find another company which has a government project and transfer to that firm.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been working for a company since 7-1/2 years and now I have resigned. I had given a 3- month Read More... notice and company accepted the resignation and relieved me in month’s time. Am I eligible to get the remaining 2 months notice period salary in this case from the employer? I am awaiting your advice in this aspect.Name withheldAnswer: According to the Kuwait Labor Law, the 3-month notice period must not only be added to your service, but you must get all the salary for this period even if the company allows you to go earlier. In this case please refer to Article 44(d) of the Kuwait Labor Law which states as follows: “The employer may exempt the employee from work during the period of notification but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification”. So, you must be given the salary for the two months and if the company refuses to do so, you should file a complaint with the Ministry of Social Affairs and Labor, through the Labor Office in your area.Source : Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I am a US citizen currently visiting my parents in Kuwait. I have come here on a visit visa. I have Read More... repeatedly inquired whether I can drive on my American driver’s license in Kuwait, to which I have been told that I am legally allowed to drive on the same as long as I am on a visit visa.However, with the new laws/rules, I would like to be sure if a valid US Driver’s License is considered as an International License? And if I am legally allowed to drive on the same. Your informed advice in this regard will be greatly appreciated.Name withheld Answer: No, you can’t drive in Kuwait unless you have an International Driving License because the ordinary American Driver’s License is not considered as one. So, you have to get an international license to drive in Kuwait. Please remember that you can use that license only as long as you are on a visit visa.Although the American Driver’s License allows you to drive in many countries (even though you still have to get an International Drivers Document, which is just a translation of your American license into 16 different languages), the same is not the case in Kuwait. So you have to get an international driver’s license.You can only apply for your international driving permit through the American Automobile Association (AAA) or the National Automobile Club (NAC). You will need: A completed IDP application: AAA application. NAC application. Avalid driver’s license issued by your state DMV (Division of Motor Vehicles). 2 photos (must be passport-sized). The backs of the photos must show your signature. Payment for the applicable fee. You must be at least 18 years old to apply for an international driving permit. You can apply for the above by mail in most cases, and you may even be able to apply while traveling abroad. Contact the AAA or NAC in your area for more details.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.