Transferring Back To Family Visa

27 June 2019 Legal

I had taken family visa in May 2016 when the salary shown in my Izn Amal was KD 250. In June 2018, the family visa Article 22 was transferred to Article 18. Now I need to transfer Article 18 to Article 22 (family visa). Is is possible to transfer? In my current Izn Amal my salary KD 335 and not KD 450.

Name withheld

Answer: Since originally your wife was on family visa but transferred this later to a work visa, she will ordinarily not face any problem in reverting to the family visa. But the problem here is that in a few instances, some officials will give a different interpretation of the law especially in a situation you find yourself now where your monthly salary is now less than the amount required to be in position to sponsor members of your family on dependent visa. What this means is that an officer can tell you that you are not qualified to effect the transfer of your wife’s work visa back to your sponsorship since your salary of KD 335 is not up to the KD 450 required. If you face such a problem it will be left to you to explain to the official that at the time your wife entered Kuwait on family visa the minimum monthly salary requirement was KD 250 and hence the current KD 450 required does not effect you as Kuwaiti laws do not take retroactive effect.

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