From April 2007, I have been working in Kuwait for a private company.

My residency is on an Article 18 project visa, that project has already been completed, but due to some problems my residence has not yet been transferred to any other project.

Currently I am only a temporary extension visa for three months. My wife is also staying with me as a dependent and recently I got a better offer from a private company.

My current profession on my visa is driver, having a valid driving license up to 2021. I have some doubts which I wish to have cleared before proceeding with the new offer.

1) Is this visa transferable (release)

2) Can I use the same driving license in the new place

3) If I get a release, can I continue my wife’s visa (dependent) up to valid period.

4) In case (if I don’t get a release) and I have to leave the country, can I come back on the same profession (driver) on a new visa soon.

5) With new residency, as per the new rules what is the salary cap for getting a new (dependent) visa.

Name withheld

Answer: You have not mentioned whether you were hired from abroad or transferred locally to this firm. And that makes a lot of difference these days as the law is different in both cases.

We have, however, answered a number of similar questions and in a lot of detail of the last few months. One of these answers is reprinted below for your information and that of the other readers.

“It’s now not a question of what your work status is or how long you have spent with the firm on a government project visa…instead what is being considered is whether you were hired for the project from abroad or you joined the firm on a local transfer.

“So everything will be in your favor, if you are already in Kuwait and you are planning to join the government project on a local transfer or have already joined a government project on a local transfer. This means that you will not have any problems ( and that too without having to leave the country) transferring back to a private sector but remember that you will have to work with the new firm for at least a year before you can apply for a release.

We would like to bring the following to your attention.

Over an year ago — in March 2015 — after issuing a similar verdict on Jan 11 of the same year, Manpower Public Authority Director Jamal Al-Dousary issued an administrative decision allowing some expatriates working on government projects to transfer their visas from one sponsor to another.

This made things easy for only some of the expatriates but a lot of them misunderstand the situation and think that there is a blanket ban on transfer of government project visas.

But this is not the case and this is where a clarification comes into play and sets the ground rules for the transfers that are allowed.

Workers on government projects were in the past only allowed to transfer their visas to different companies but under the sponsorship of the same employer after the completion of their contracts.

But now the above decision clarifies that laborers contracted locally from the private sector or transferring from dependent visas can transfer to other sponsors according to the previous conditions, which are:

1. Conclusion of the project’s tenure
2. Working for at least one year for the first sponsor
3. Getting the sponsor’s approval for transferring.

So, this makes it very clear that if you transferred to this project locally from another sponsor / company then your transfer is allowed.

In the end, as a result of the above decision, we would again like to stress that if you joined the government project on a local transfer you should have no difficulty in transferring your residence to the private sector after one year but if you were hired on this project from abroad then you can forget about transferring to the private sector unless there is a drastic change in the rules… which doesn’t look likely in the near future.

On the other issues that you want to have addressed we have the following advice for you.

You can only use the same driving license with the new firm if your designation on the new work permit remains unchanged. This means if the designation is changed, you lose the license.

If your work permit is transferred than you will be able to retain the residence of your wife for the length of your residence but if your residence is cancelled then her residence will also be cancelled.

Yes, if your residence is cancelled and you have to leave the country you can return to Kuwait on a new work permit which shows your designation as driver but you have to remember that once your residence is cancelled your license will also be automatically cancelled. You will then have to apply again to have it renewed after re-entering the country and getting the new residence.

While there has been a lot of talk / rumors about the hike in the salary cap for dependent visas, it still remains KD 250. The Interior Ministry had planned to raise this to KD 500 but the proposal was rejected by various departments. Now the Interior Ministry says that it has so far not received any instructions to revisit the issue.

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 .

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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.

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