Legal Advice

Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a person to take a specific course of action based on the applicable law.

I would like to inquire about the new and recent procedure for family visa for my baby born in India; she is 1 year 6 months now.

When she was born my husband’s salary was not KD 450, now in his new work permit he has KD 450 salary and I have KD 250 and we both are under article 18; many of my friends are confusing me that there are some new procedures added in ministry like birth certificate attestation and need to be more than KD 450 above etc, please clear my below details.

1. Procedure and documents needed

2. Documents to be attested

3. How long it takes time will take once apply

4. How much cost? Please note I brought her under visit visa 2 times for 3 months each under my name; now I need to apply for family visa under my husband.

Name withheld

Answer: KD 450 is the minimum monthly salary required to be able to sponsor your immediate family members on dependent visa. Forget therefore about what your friends are telling you and go ahead and apply for the visa for your baby at the Immigration Department in your area and attach the following documents to the application.

1. Copy of the child’s passport

2. Copy of the child’s birth certificate which must be attested by your country’s ministry of foreign affairs or your embassy in Kuwait and the Kuwait Foreign Ministry annex in Shuwaikh.

3. An affidavit attested by your embassy in Kuwait and the Kuwait Foreign Ministry showing your realtion with the person you wish to bring to Kuwait.

4. Marrage certificate attested as in 2 above.

5. Your work permit (showing a monthly salary of at least KD 450).

6. Copies of your and your wife’s civil IDs. If you can supply all these documents, your will have no difficulties in getting the visa for your child.

Source:Arab Times

I searched the archives but didn’t find this specific question. My school calculates indemnity at 15/30, not 15/26 days for the first 5 years. The English version of the Labor Law (2010) simply says “a fifteenday- wage for every one year of service of the first five years” is to be paid out. Is this acceptable under the law?

Name withheld

Answer: The method adopted by your school (15/30) is wrong as the correct method is 15/26 as you indicated.

Published on Arab Times

I’m an Indian and have an offer letter to work as deputy finance manager. I’m an MBA holder and certificates are attested. My question is: Is it mandatory to work for three years since I’m a direct recruit from India even if company is ready to give a release? Offer letter says I have to compensate company if I resign within a year. My offer is only KD 450. Your advise is highly appreciated.

Name withheld

Answer: As a direct recruit from India or any other country, the Labour Law makes it mandatory for you to work three years for the sponsor before you can be entitled for a release. However if the sponsor so desires, he/she can give you a release at any point in time within the 3-year mandatory period. In order not to face suspicion and questioning of visa trading what most ‘no-objection’ sponsors do is that they let you work for them for at least one year before granting you a release.

Published on Arab Times

I hold an Indian passport and currently working as supervisor for a company. Please let me know the ways to take the visit visa for my father-in-law (48 years), mother- in-law (40 years) and sister-inlaw (5 years), as my wife has permanent residence here under my sponsorship. Requesting you to advice me on the procedure for availing the visit visa for the above mentioned persons.

Name withheld

Answer: To get the visit visas for your father-, mother-, sister- inlaws you should be earning a monthly salary of KD 300 or more.

After satisfying the salary condition you need the following documents to attach to your application for a visit visa.

These documents are: you and your wife’s civil ID copies, the rental agreement, copy of your work permit, passport copies of your father-, mother-, and sister- in-laws and affidavit showing your relationship with the persons you wish to invite.

This affidavit, in Arabic, should be typed in your embassy from where you should also have it attested. After this, you get the same attested at Kuwait’s Ministry of Foreign Affairs annex in Shuwaikh.

When you are done with all these you attach them to your application and you won’t have any problem in getting the visas.

Source: Arab Times

I just want to ask if I can cancel my resignation before my 3 months notice finished, because just now I have known that I am pregnant and so I don’t have any other option but to stay on with the company until I give birth. I have been working with them for 8 months now. I handed in my resignation on Oct 13, 2017. Do I have any right to stay since I know that no company would accept me knowing that I am pregnant. I will appreciate your response, thank you so much.

Name withheld

Answer: Yes, you can withdraw your resignation before the expiry of the three-month notification period, but this must be done in consultation with your sponsor who must okay it. If the employer however says no to your request you will have no choice but to leave the company upon completing the three-month notification period.

Source: Arab Times

Our company includes bonus while calculating indemnity for employees in compliance with Kuwait Labour Law. The bonus amount varies each year.

My question is if an employee has been paid bonus for the past 10 years and during the 11th year if he was not paid any bonus, and if the employee leaves the company after completing 11 years, how is his indemnity to be calculated? Does include the bonus component or is it excluded? If included, what amount is to be taken into consideration since the last bonus was ‘0’?

Name withheld

Answer: If the employee leaves the company after the 11th year in which no bonus was paid, his indemnity would be paid taking into consideration the 10th year in which bonus was paid. In this case, you divide the latest bonus paid by 12 (number of months in a year) and add it to your monthly salary for the purpose of calculating the indemnity.

Source: Arab Times

Recently news was published that no work permit will be issued to expatriate workers below 30 years for diploma holders and higher. Can you kindly explain this? If there is a person aged 26 with Bachelor of Commerce degree wanting to pursue career in Kuwait whether he will be given visa and work permit or whether he has to wait till he reaches age 30? Secondly whether the passport validity showed be minimum 2 years if want to bring wife on dependent visa to Kuwait or one year validity is enough. Please advise.

Name withheld

Answer: The Public Authority for Manpower has issued a decision of banning recruitment of expat workers holding diploma or higher certificates and are below 30 years of age.

This is just a proposal and has not been actualized yet.

However if later on the proposal is accepted and becomes a law, your Bachelor of Commerce degree holder who is 26 years old cannot apply for a job in Kuwait till he reaches 30 years.

To the best of our knowledge, we are aware that no visa will be stamped if the passport is  valid for less then a year.

 

Source: Arab Times

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