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Local Transfer Read Contract Before Signing Category: Legal
Kuwaitlocal Kuwaitlocal

First of all, I would like to appreciate your efforts of replying to all our questions with the most reliable answers. Please also guide me on what should be done next in the following scenario:

I am an IT post-graduate and have been working in a private company since December 2014. My sponsor owns various companies in Kuwait. At the time of my recruitment, the company transferred my residency from visa Article 22 (dependent) to visa Article 18 (work permit) i.e. I was hired locally and residency was registered with one of my sponsor’s company.

My current residency was renewed without any contract and registered with my same sponsor’s other company. For e.g. my sponsor owns two companies, DEF Ltd and PQR Ltd.

When I joined, the employer in the work permit was DEF Ltd. But when my residency got renewed, it got changed to PQR Ltd.

Now I am getting a good offer from another private company. Can I accept the other company’s offer or will I have to wait for a year as my residency was registered with my same sponsor’s other company?

Name withheld 
Answer: First of all please remember that when you are working in the private sector, you are not working for individuals but for companies, which means that you are being sponsored by a company.

This being the case, you can’t transfer to another firm until you have spent at least one year with this company.

Before we conclude, we would like to talk about another point you mentioned in your question. Although you have addressed just casually, it is very important for you and all our other readers.

You mentioned that you “did not sign” any contract while transferring to this firm. Please understand that the contract is an essential part of the transfer process or any other process which involves the procurement of a work permit.

Without a contract you simply can’t get a work permit. This is an essential requirement regardless of whether you are getting the work permit for the first time, extending the residence or transferring the residence to another sponsor.

Simply put no contract, no residence. So, one of the many papers (in Arabic) which you must have unknowingly signed without having a look was the contract. So, look at the papers before signing.

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

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13 May, 2016, 12:23 PM
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