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PRO BONO LEGAL ADVICE
Legal Clinic Visit visa
I have been working in Kuwait private sector. My monthly basic salary is KD 190, but I am getting KD 325 so, I am eligible to bring my family through visit visa to my wife, (22 years old). Can I apply for visit visa. If I am not eligible, is there any alternate process to get visit visa like bank statement any other way.
Name withheld
Answer: Unfortunately you cannot invite your wife on a visit visa because to be able to do that you should be earning a monthly salary of not less than KD 250 which must reflect in your work permit and not what appears in your bank account by way of salary transfer.
The other option is that your wife can take advantage to visit Kuwait is through a tourist visa that can only be arranged by a hotel allowed to apply for such visas on behalf of potential clients. We must point out that this option is expensive as upon arrival, your wife has to stay in the hotel at a cost for a specific number of days.
Dependent visa
I was hired from my home country (Philippines) and I resigned from the school I worked for. They will cancel my visa but would not allow a visa transfer (dependent visa) under my husband.
My question is, after they cancel my visa, can my husband get me a dependent visa while here in Kuwait or I need to leave Kuwait and wait for the new visa in my home country? My daughter is here and she is already on dependent visa under my husband’s. He is earning KD 600 per a month.
I hope you can give information regarding this.
Name withheld
Answer: The only way you can get a dependent visa while you are in Kuwait is through a transfer but since the school is not ready to transfer your visa to that of your husband’s as a dependent, you have no alternative than to a return to your home country. The foregoing is premised on the assumption that you have not served the mandatory three-year service you are required to offer the school before being eligible to request for a release. However if our assumption is wrong and you have put in the 3-year service, then the school is legally bound to offer you a release under this scenario. You can file a compliant with the Ministry of Social Affairs and Labour through the Labour Office in your area and they can compel the school to transfer your residence to your husband’s sponsorship as a dependent.
Services terminated
My company terminated my services without reason. I worked for 5 years. Any way I accepted it and am on 3 months notice period till end of May, but my only concern is about my final settlement. Considering my company history and how previous employees were troubled with their indemnity and transfer I am afraid of the same with me.
How can I make sure the company does not create problem with my transfer and full settlement.
Name withheld
Answer: Since the company terminated your services, they are bound by the law to transfer your residence to another sponsor of your choice and to also pay you your full indemnity. However, in practical terms a lot of companies do things in their own way to the advantage of fired or resigned workers. Our advice to you, therefore, is that if you see any sign that the company intends to treat you in the same manner they treated your previous colleagues, just file a case against the company at the Ministry of Social Affairs and Labour through the Labour Office in your area. If after filing the case and you don’t make any headway at the ministry, you shouldn’t stop there but proceed to the courts to seek justice. If people like you begin to put away the fear of victimization you entertain and begin to take on some of these companies, they will respect the provisions of the labour law and not break them with impunity as they currently do.
Visit visa validity
I came to know that there is a new practice of issuing visit visa for parents which would enable them to stay in Kuwait for three months as opposed to one month previously. Is this true? Further if visit visa is sought for parents from 6 nationalities which require special approval what would be the stay limit for such visit visa?
Name withheld
Answer: To the best of our knowledge, the validity of visit visa for parents is one month. We are not aware of any change to this rule. As regard validity of visit visas for parents from six countries which require special approval, our answer is that validity of visit visa is same for all countries and does not discriminate. The approval methods may differ but not the validity when approved.
Notice period
I’m working in a company for more than three years now. My management says the business is not doing well and plans in closing the company in a year’s time.
They gave the employees 3 months notice period and has told the employees they can leave earlier if they find new jobs. Some of the employees have already left the company but the company is still not paying them their annual leave pay and indemnity.
Currently I have not been paid my one month salary and I feel they do not intend to pay me. By the labor law of Kuwait I am allowed to take one day off per week to look for new job. But they are deducting my salary for that day.
Please advise me if should complain to the Ministry of Social Affairs and Labor. Because they are saying once I transfer my visa to a new company they will pay me. Should I transfer my visa to a new company to get my salary and indemnity?
Hoping for an advice from you.
Name withheld
Answer: The company is wrong in not paying you one month salary. They are also wrong in deducting the salary for the one day off per week to look for a new job. On the basis of this you won’t be wrong in filing a case against them at the Ministry of Social Affairs and Labor. As for transferring your visa to a new company before being paid your indemnity this is a practice all companies adopt and you can’t do much about that.