Investors And Real Estate Owners Are Eligible For 15 Years Of Residency

In a groundbreaking move, the Ministry of Interior has unveiled a comprehensive overhaul of Kuwait's foreigners' residency law, addressing identified deficiencies and loopholes. The amendment, featuring modifications in wording and provisions, is designed to strengthen the legal framework and tackle challenges posed by the existing law.

A pivotal aspect of the reform is the implementation of stronger penalties for residency dealers, as disclosed in the Ministry's report to the National Assembly. The proposed legislation reflects a flexible approach to facilitate transactions and align with contemporary trends observed in neighboring countries.

Noteworthy changes include the extension of residency duration for the children of Kuwaiti women to ten years, with the option of renewal, fostering family ties. The introduction of two new categories, real estate owners and investors, grants them regular residency for periods ranging from ten to fifteen years, aiming to attract investments and promote economic diversity.

The draft law grants the Minister of Interior the authority to adjust fees related to residence and entry visas, enhancing administrative flexibility. The Ministry emphasizes that the proposed legislation prioritizes tightening penalties, combating residency trafficking, and deterring illegal practices. Procedures are established to ensure workers adhere to their licensed purpose, holding employers accountable for any unlicensed workers' employment and associated expenses, including deportation costs.

The Interior and Defense Committee deems the project crucial in rectifying historical shortcomings in the implementation of Emiri Decree No. (17) of 1959. The committee underscores the significance of the new provisions, particularly in addressing residency trafficking and related crimes.

Addressing practical problems, the committee recommends an increase in the prison sentence for residency trafficking, treating it as a felony with a potential imprisonment of up to five years. Amendments to various articles include the removal of specific requirements for government employment in Article No. (10) and an extension of the residency period to 15 years for foreign investors in Article No. (13).

Further changes to Article No. (14) extend the notification period for a domestic worker leaving their job to two weeks and permit an absence from Kuwait for more than four months with prior permission from the Ministry of Interior. The committee introduces a requirement for regular residency, depending on the entity's request, in the reworded Article No. (15).

The project emphasizes minimum penalties in Articles (27 and 28) and allows punishment for the person responsible for a legal entity if the crime is committed in their name or on their account. Notably, Article (29) regarding exemption from punishment for reporting a residency trafficking agreement is removed, as it is already regulated in the general rules of the Penal Code.

The committee applauds the project's alignment with modern developments, particularly in encouraging investment and attracting capital. Investors in specified categories are now eligible for a distinguished residence permit lasting fifteen years, subject to renewal. Additionally, foreign real estate owners are granted residency for ten years, respecting the right to private property protected by the Constitution.

In line with constitutional principles, the draft law affords the children of Kuwaiti women residency for ten years, exempting them from certain requirements. The legislation also reduces the period a domestic worker can stay outside Kuwait to four months, recognizing the families' ongoing need for their services.

As the draft law progresses through the legislative process, stakeholders and the public are encouraged to stay informed about these transformative changes to Kuwait's residency regulations.

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