legal clinic
PRO BONO LEGAL ADVICE
Divorce/sponsorship
I have been offered a job in Kuwait, but my husband has applied for a divorce and the case is ongoing. I want to take my child along with me to Kuwait. What are the formalities and what if in child passport her father’s name is not mentioned? Will it be a problem? In my passport its single, can I take the baby with me.
Name withheld
Answer: No, you cannot bring the baby along with you because under Kuwait law it is only the man who can sponsor members of his family on dependent visa provided that the man is earning a monthly salary of KD 450 or more. Even though sometimes women are allowed to sponsor their children on compassionate grounds, we are afraid this exception may not be applicable to you since you are yet to enter Kuwait and hence, have not processed your residence permit that will enable to seek an exemption from the Director General of Immigration. So our advice to you, therefore, is that in the meantime you should shelve the idea of bringing your child along with you as that is not possible.
Resignation
I have completed 1 year’s service in a company, but the company is not accepting my resignation letter. How do I proceed from here as the company is not paying overtime and no holiday.
Name withheld
Answer: If you were hired locally by the company, you are entitled to a release after one year service and if the company is refusing you this right, you can file a case against the company at the Ministry of Social Affairs and Labour through the labor office in your area to seek redress. On the other hand if you were brought to Kuwait by this company then you are duty-bound to work for them for three years before you can resign and ask for a release. Having said the preceding, you can still go ahead and file a case against the company if you are convinced that they are not living by the provisions of your contract or as stipulated in the Kuwait Labour Law. For example the company is obliged under the law to give you one day off if you are compelled to work. Also any number of hours that you work over and above the eight hours as stipulated by the law then you should be paid for those extra hours. So over to you to make the decision as to whether you will file a case against the company or not.
Civil ID number
I have been living in Kuwait since 2009. On Dec 26, 2017 I had exited the country and came back on a new visa on March 10, 2018. My company could not complete the residency process on time due to the new NOC rule concerning engineers and they put an extension for one month. That was when I noticed that the Civil ID number on the Article 14 visa put on my passport is different from my old civil ID number. I have the following queries:
1. Is it possible to change to my old civil ID number? What is the procedure to change my civil ID number from the new civil ID number to the old civil ID number?
2. I have read that the civil ID number remains the same no matter how many times a person exits and re-enters Kuwait. In my case what would have possibly gone wrong since my passport is not changed?
3. Will it affect when I apply for the dependent visa of my wife and baby if the civil ID number is changed?
4. Should I inform my bank about this change in civil ID number?
Name withheld
Answer: As you rightly pointed out through your reading, no matter how many times one exits and reenters Kuwait, the civil ID number remains the same as it is unique to the holder. We can’t give you a definite answer as to why this happened but we can only hazard a guess which is that it might have been a genuine mistake. If our guess is right then we suggest that you direct your company’s mandoub to the mistake and we believe that he would take up the issue with the concerned authorities to correct the mistake if indeed it is. In the meantime, you can direct your bank’s attention to the anomaly and let them be aware you are taking steps to rectify it.
In the event you don’t get your old civil ID but all your papers are processed with the new ID then that will mean the new ID is genuine and hence, using it to invite your family on dependent visa will not be a problem.
Driving license
I always appreciate the work of the Arab Times Legal clinic. I have the following queries about the driving license.
1. What are the conditions for getting a driving license ?
2. Currently my visa status is Supervisor of safety & security team & working in KOC, am I eligible to apply for driving licence.
3. In my work permit my salary status is KD 450.
Name withheld
Answer: The following three conditions are necessary to fulfil before applying for a driving licence granting that you have not been granted an exemption from fulfilling any or all of them. 1. Have a university degree 2. Earn at least KD 600 a month 3. Must have been a resident of Kuwait for at least two years at the time that you submit in the application. We do not know if you meet the first and third conditions but it is clear you don’t meet the second condition so on the basis of that unless you get an exemption you are not qualified to apply for a driving licence.
Designation change
Due to the recent change in rule for renewing the residence visa of engineers I am not able to obtain an NOC from Kuwait Society of Engineers. Hence my company has tried to change my designation from engineer to manager, Shoun has rejected and said NOC is required. Kindly advise how can I change the designation.
Name withheld
Answer: Shoun is the arbiter and if they say you require an NOC to effect the residence renewal, we cannot advise otherwise except to say that you try to get the NOC from the Kuwait Society of Engineers.
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