Arab Times

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Answer: We agree that all a lot of people, with a little knowledge, do is confuse others. While we have on various occasions talked on the issue we have never detailed the documents required nor the procedure involved.

It’s not difficult but you will need a few hours off on a number of days to complete the procedure. This is because the procedure involves two ministries as the work permit (Article 18) comes under the Ministry of Social Affairs and Labor and the dependent visa (Article 22) under the Immigratio­n Department (Ministry of Interior).

Before we detail the documents required and the procedure, we would like to stress that your wife does not need to transfer her status only on the last day of her work permit. It can be done anytime provided her current sponsor has no objection on releasing her.

Just in case the sponsor wants her to serve out her tenure according to the work permit, then just ask the sponsor to get her temporary residence (Article 14) while you transfer her residence. This will ensure she does not become illegal and also result in you not having to pay any fine. Documents required 1. Marriage certificat­e (attested by your embassy—which may or may not require you to have it attested by the Foreign Ministry in your country —and Kuwait’s Ministry of Social Affairs ) 2. Original passport of your wife 3. Work permit of your wife 4. Your work permit (Please ensure it states a salary of at least KD 250)

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Answer: This is a question which is on the lips of a lot of people, especially those who have worked over 25 years with their current firms i.e. they were here before the invasion of the country.

Immediatel­y after the liberation of Kuwait it was decided by the topmost authoritie­s that the pre-invasion indemnitie­s would be paid in full and calculated separately from the postinvasi­on indemnitie­s.

So, a majority of the firms immediatel­y settled the indemnitie­s of their employees and started anew with the calculatio­n of indemnitie­s for the post invasion period.

This went on for almost 18 years when the Ministry of Social Affairs and Labor – on representa­tion from a lot of big firms — decided that the calculatio­n of both the pre and postinvasi­on periods could be combined. This action has never been challenged in any court of law.

So, as the current situation stands the calculatio­n of indemnitie­s for both the periods is combined and an employee is entitled to a maximum of 18 months salaries.

Please remember, however, that these 18 months salaries doesn’t include any other dues — like payment for any balance of annual leave.

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

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