I’m sure you receive questions such as mine all the time but this time I need a clarification. My problem is that I’m having trouble tracking down a recent, reliable, understandable source for information.

My wife and I welcomed our daughter to the world about a year ago. We’ve decided that it’s better for my wife to stay at home and tend to her upbringing. With that, I approached my sponsor asking for assistance in changing her visa Article 18 (work permit) to a visa Article 22 (dependent) with me as her sponsor. They’ve told me I cannot start the process until her final day with the company and the current sponsor has signed the release letter.

My confusion there is that if her visa Article 18 expires after she has finished working, will there not be a penalty for her overstaying her visa Article 18? To add to my confusion, I’m having some difficulties in locating clear cut steps on how the process should happen (i.e., Take this form and these documents to this location with this much money. Then go to this governorate and locate this building and get this signature and stamp, etc.) Any insight you could provide would be greatly appreciated

Name withheld 
Answer: We agree that all a lot of people, with a little knowledge, do is confuse others. While we have on various occasions talked on the issue we have never detailed the documents required nor the procedure involved.

It’s not difficult but you will need a few hours off on a number of days to complete the procedure. This is because the procedure involves two ministries as the work permit (Article 18) comes under the Ministry of Social Affairs and Labor and the dependent visa (Article 22) under the Immigration Department (Ministry of Interior).

Before we detail the documents required and the procedure, we would like to stress that your wife does not need to transfer her status only on the last day of her work permit. It can be done anytime provided her current sponsor has no objection on releasing her.

Just in case the sponsor wants her to serve out her tenure according to the work permit, then just ask the sponsor to get her temporary residence (Article 14) while you transfer her residence. This will ensure she does not become illegal and also result in you not having to pay any fine.

Documents required

1. Marriage certificate (attested by your embassy—which may or may not require you to have it attested by the Foreign Ministry in your country —and Kuwait’s Ministry of Social Affairs )

2. Original passport of your wife

3. Work permit of your wife

4. Your work permit (Please ensure it states a salary of at least KD 250)

5. The current sponsor’s certificate of signatures known as ItimadTawkiya in Arabic

6. Your wife’s original Civil ID

7. Copy of your Civil ID

8. Rental agreement (you must be already having it –attach a photocopy)

9. Four passport size photographs ( with blue background ) of your wife

10. Keep your original passport along because you might be required to produce it at some of the counters (although it is just required only at the last stage)

Procedure
Please now remember that as the transfer procedure involves two ministries keep a lot of copies of all the above document because someone (when you least expect it) might ask you for one.

First, pay a visit to the Ministry of Social Affairs and Labor. Outside the Ministry you will find a lot of typists who will provide you two transfer forms. Have these filled by these typists. Now you need to sign both forms and get the same done from your wife’s current sponsor(he also needs to affix his original stamp ).

After this you need to go to the Immigration Department in your area where they will check your all documents and if they are satisfied that you meet all the requirements to sponsor your wife, they will give you a “No Objection Certificate” (Lamana) before guiding you to another office in the same building The Immigration Department will keep one of the forms and give you a letter for the Ministry of Social Affairs and Labor.

Armed with all these papers you have to return to the Ministry of Social Affairs and Labor where the Ministry ( after ensuring that your wife has received all her dues from her current employer ) cancels her work permit.

Now you have to make another trip to your Immigration Department but before you do that you must go to one of the medical insurance firms where you need to get medical insurance for your wife.

The cost is KD 40 per year, which means if you plan to get two years residence for your wife you will have to pay KD 80.

When you go to the Immigration Department, you will first be directed to the PACI (Public Authority for Civil Information) counter where you have to produce your wife’s original Civil ID, which will be punched by the authorities.

At the next counter you will have to pay the residence fees — only KD 100 if you are getting residence for one year but if you want residence for more than one year you have to pay KD 10 for every additional year.

For example if you are residence for two years, you have to pay a total of KD 110.

On production of this receipt at the next counter your wife’s Article 22 residence will be stamped on her passport for the number of years you want.

Please don’t forget to take your original passport along because a stamp, stating that you are sponsoring your wife, will be affixed towards the back end of your passport.

Once the Article 22 residence is stamped, you will need to apply for your wife’s new Civil ID. That ends the whole procedure.

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.