legal clinic

PRO BONO LEGAL ADVICE

Visit visa

I want to take visit visa for my parents. But in Ahmadi one should earn KD 600 salary. Is there any possible way that I and my wife can jointly apply for visit visa and it will go above KD 600.

Name withheld

Answer: We have no idea of the KD 600 you are talking about to qualify one to be able to invite another on a visit visa to Kuwait. Granting that the amount you mentioned is correct, you and your wife cannot couple your salaries to attain it. The practice of couples combining their salaries for the purpose of applying for visas used to be accepted but has since been off the table for some years now.

Driving licence

My driving licence was first issued in 1999 and renewed again in 2009. It is up for renewal in 2019. I am an engineer and my licence has been issued for the same post. I would like to know when I renew my licence in 2019, will it be renewed again for another 10 years (for the same designation of engineer).

Name withheld

Answer: Yes, your licence will be renewed for another 10 years or less, or even be rejected depending on whether you meet the latest requirements for the granting or renewal of a driving licence or not. For example if you are requested to produce an NOC from Kuwait Society of Engineers and if you are not able to do so, you are likely not to get your licence renewed.

I took my driving licence on 7/05/2017 (1 year validity and now date expired). That time my profession mentioned was General Manager with salary KD 600.

On 13/06/2017, I changed my iqama to another company with my profession mentioned as Work Supervisor with salary KD 600.

After that, when I checked with MoI website, it is showing ‘no driving licence’. Maybe my driving licence got cancelled due to change in profession.

On 31/05/2018, I changed my iqama again to another company, with sales executive profession (mandoop mubayyath) with salary of KD 400.

I have university degree and masters. Can I get my driving licence renewed or get activated?

I am not getting a clear answer from anyone, because of situational confusion.

Requesting your valuable reply, please help.

Name withheld

Answer: You changed your iqama to another company exactly one month after obtaining your driving licence. After this iqama change, you checked on the Ministry of Interior (MoI) website, and it showed ‘no driving licence’. One may therefore conclude that the change in iqama and designation may be the cause of cancelation of your driving licence. With another change in iqama and a new designation, we are afraid that your effort to get your licence back might not be successful since your current salary of KD 400 per month falls short of the KD 600 monthly salary required.

Release

I came to Kuwait in December, I don’t want to work in my company. Can I get release or can I go back to India again, completed 6 months here.

Name withheld

Answer: Under Kuwait Labor Law you are expected to work for the company for three years before you can ask for a release to join another company. On the other hand if you want to go back to India that is possible but that will be under the condition that you compensate your sponsor for the remaining two and half years unrendered service. If however, your sponsor is willing to forgo this right, then you will be free to go back to India without any hindrance.

Residence cancellation

I have a legal question and I hope that you can help me.

I have resigned my job and I want to return to my home country. Can you please tell me what is the procedure to cancel my residency (I am aware that this part is supposed to be done with my company?) I have already cancelled residency for my wife, since she was under my sponsorship.

Can my company cancel my residency while I am still working for them? This would be the best case scenario for me. We go and cancel my residency, I continue working for them till my resignation notice expires and day after that I leave the country.

Name withheld

Answer: When your residence is cancelled you are given one month temporary visa to wind up your activities in Kuwait and leave. The company will therefore be breaking the law if they cancel your residence and keep you to work for them to cover the three-month notification period. Note, also that if you are working without a valid residence permit you will be considered as illegal and subject to deportation.

Attestation

I have a query on the eligibility criteria for applying for a driving licence. My work permit states salary as KD 750 and my designation ‘Technician.’ I have done BSc (Chemistry Hons) but my degree certificate is not attested. Am I eligible to apply for a driving licence or does degree certificate required attestation from which dept.

Name withheld

Answer: All certificates that are intended to be used for the purposes of employment, visa applications, acquisition of driving licence etc must always be attested by the foreign ministry of country of origin, country’s embassy in Kuwait and Kuwait’s Ministry of Foreign Affairs in Shuwaikh. With your attested certificate, a salary of KD 750 you will have no problem in applying for a driving licence if at the time of putting in your application you have been a resident of Kuwait for at least two years.

Cancellation of residence

I am leaving Kuwait and want to cancel my residence. I have a daughter who is studying abroad and is my dependent. Does she need to come to Kuwait to cancel her residence? Can I cancel her residence without her being in the country?

Name withheld

Answer: Since your daughter is under your sponsorship, this means that her residence is tied to yours and hence the cancellation of your residence means that her’s also stands cancelled. If your daughter was present in Kuwait, you would have gone to immigration to formally cancel her residence but as she is outside Kuwait you can’t undertake the cancellation process without her presence. Under this scenario therefore, the cancellation of your residence permit will serve as a cancellation of her’s too.

The Arab Times invites questions on all aspects of Kuwaiti law. If you face a problem, or need specific advice on any legal matter, from commercial and investment law to divorce and labour, send questions to the Managing Editor, Arab Times, P.O. Box 2270, 13023 Safat, Kuwait, or Fax to 24818267. E-mail: arabtimes@arabtimesonline.com