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.

My salary is KD 320. I brought my wife and child (infant) 1-yearold in Kuwait visit visa. Is it possible to change my son’s visa to dependent visa? Please advise.

Name withheld

Answer: Sorry, but you cannot transfer your son’s visit to a dependent visa because your KD 320 monthly salary does not qualify you to sponsor any of your family members on a dependent visa. To qualify you need a monthly salary of KD 450 or more.

Source: Arab Times

 

I am Pakistani and was on vacations back home, but unfortunately I got sick and was not able to return within the 6 months period and my visa got cancelled in September 2015.

My sponsor is trying to get a visa for me, but couldn’t get it for restrictions on Pakistanis despite having all the police certificates with my application.

Anyway, my question is about my bank accounts. I have 3 accounts in different banks. My question is what will happen to my accounts and money?

Some of my accounts are already in dormant status, will there be any fine or any serious action be taken towards my accounts?

I know I can give a Power of Attorney to someone to withdraw all the money and close my account, but if I don’t do this, what will happen?

Name withheld

Answer: No, nothing will happen to your accounts. These go into a “dormant” status if there is no movement in the account for over six months. After the six months (one year in some banks), a dormant account fee of KD 2 per month will be collected by the bank. A nominal fee (normally KD 5) is required to reactivate the account. An account becomes unclaimed after 5 years.

So, you won’t have to pay more than KD 2 a month but you better get your money out (by giving a power of attorney to a friend and also at the same time issuing instructions directly to the bank) before it becomes “unclaimed”, which will result in a longer procedure because the branch where you hold the account then “surrenders” the money and the account to its head office.

Please remember that to reactivate a dormant account you have to issue instructions to the branch which has your account. By the way, if any of your accounts are not dormant you can resort to online banking and transfer the money to a friend’s account … it will save you a lot of hassle.

Source: Arab Times

I am working in a private company with a salary of KD 650 per month. My husband quit the job recently due to health issues. He is already above 60 years now. Child is sponsored by him. Now my question is — Can I sponsor both of them on my residence as dependants. Please advise.

Name withheld

Answer: Under Kuwait Law, sponsorship on dependent visa is limited to men. This law not withstanding sometimes exceptions are made but based specifically on compassionate grounds, to allow women to sponsor others as dependents. Your case might fit this scenario. However for this to happen, you must seek a waiver from what the law says and it is only the Director-General of the Immigration Department who can give such a waiver. We therefore advise that you arrange to meet the director-general and put your case before him and if you are lucky you may be given a favorable hearing. We wish you the best of luck.

I am a resigned employee of a private company (with 12 years service) waiting to exit Kuwait. I have waited for 5 months without work and income (after the notice period of 3 months!) to get my ‘Indemnity’; but it seems my company is not going to settle it soon. As I cannot stay in Kuwait indefinitely, I am planning to file a case in Kuwait Labor Court through some legal firm. In this regard kindly advice, whether I am eligible to get paid for the waiting period of 5 months also along with the indemnity. Also is it necessary to be present in Kuwait until the final court verdict.

Name withheld

Answer: Congratulations for mustering the courage to take on this company through a court action. Indeed many other ex-employees find themselves in this situation but lack the courage to take on the companies concerned. Since you are hiring a lawyer to take up your case, we think the issue of the 5 months you have waited for your indemnity and without any source of income should be left to the lawyer to decide on how to proceed on that angle.

On the necessity of being present while the case is being pursued, it is your choice to make. Indeed you can issue a power of attorney for the case to be decided while you are outside Kuwait.

However experience has shown that when the complaint is outside the jurisdiction of the court, a lot of complications including disinterest, collusions and abuse of trust arise. So to prevent these, we advise that you stay around till final judgement of the case.

Source: Arab Times

I have been working in a local Kuwaiti contracting company for the last 18 months. My question is after how many years can I seek transfer to another company in Kuwait.

Name withheld

Answer: If your current company brought you to Kuwait from your home country, then you have to work for them for a total of three years to be able to transfer to another company. On the other hand if you were hired locally you need to work one year for the company if you are not a university graduate; but if you are a graduate you can ask for a transfer at any point in time during your service to the company. We must point out, however, that if the type of visa you are holding is a project visa, you cannot transfer to just any other company of your choice but only to a company that would issue you a project visa.

Source: Arab Times

I am working in the private sector as physiotherapist. I would like to know that if it is essential to have minimum KD 450 salary to make residence for baby born in Kuwait. My wife is on dependent visa and expected due date is in December 2017. I have below KD 450 salary. Waiting for your kind reply.

Name withheld

Answer: Since your wife is on a dependent visa sponsored by you, you will have no difficulty in getting a residence permit for your expected baby. The law that was passed and put the salary cap of KD 450 for one to qualify to sponsor someone on family visa is not applied retroactively. So you should not entertain any fears because you are earning less than KD 450 per month.

Source: Arab Times

I am university degree holder and worked in a reputed private company for almost 9 years. Recently I resigned from this company and joined in a new private company. Now I finished my probation period with new company and one month back my visa was transferred. When I checked the Iznamal paper its written my visa is under Government project. My question is, I got some other good opportunity in another private company. Can I transfer my visa to other company. Is there any time period or fee to transfer. Please note the following: 1. I have been working in Kuwait since August 2008. 2. I am a BE Degree holder. 3. Joined new company in March 2017. 4. 1 month back new company transferred my work permit to Government project. 5. Now I want to transfer to another private company.

Name withheld 
Answer: You will not have any problems in transferring your visa back to private sector company since you were locally hired for a government project. You would have faced problems in a visa transfer if originally you were brought to Kuwait under a project visa.

Source: Arab Times

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