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.

I was working as an engineer with driving license which is valid up to Feb 2019, now my company renewed my residency and changed the profession as project supervisor, my salary is 1000+ KD. when I checked on MOI website the results shows "no License" please advise can I renew my driving license?

Replay:

thanks for contacting us, we sorry to inform you that you can not when it is clearly saying that there is no driving license under your name, you must apply for fresh license. all conditions apply such as (Salary 600 or more, attested university degree, and staying more than 2 years in Kuwait)

I came to Kuwait on family visa. After that I got job and that company changed my visa to 18 but now I want to resign and change again to family visa. Is this possible?

Name withheld

Answer: Yes, you can resign and revert to your original family visa. You must however note that for your resignation to be effective you must give a three-month notice period as mandated by the Kuwait Labour Law.


I have been working in a company for 3 years now and recently I went for vacation and came back. I want to know if it is possible to give my resignation after coming back from my vacation. What is the Kuwait labour laws say regarding resignation. Should I serve a notice period of three months once I give my resignation?

Name withheld

Answer: You don’t have any problem in tendering your resignation in as much as you give your employers the mandatory three-month notice period.

 

Source: Arab Times

My Wife residing in Kuwait for around 16 years with 4 kids born in Kuwait, I have “Iqrar Nama” of my marriage and attested with Kuwait foreign office which I have been using it for long time.

My wife worked for a school and she had transferred her sponsorship to School Name, now she left the job and wants to transfer back to my name, but when I went to immigration office they said to bring new marriage certificate, I went to embassy and they gave me another “Iqrar Nama” but immigration department did not accept that they said get your original “marriage certificate” attested.

Now when I went to embassy they said your original “nikkah Nama” should be attested from Pakistan foreign affairs. Can you please tell is this new law.

 

PIK is pleased to answer your question

Yes this is new law,

  1. Your old original “Nikkah Nama” or marriage certificate issued by Nikkah registrar in Pakistan with his signature and stamp.
  2. Based on that NADRA will issue computerized marriage certificate.
  3. Computerized marriage certificate should be attested from foreign affairs of Pakistan.
  4. Based on that Pakistan embassy in Kuwait will attest.
  5. Then Go foreign affairs of Kuwait take 5 KD stamp and get it attested.
  6. Then translate it and attest the translation from Ministry of Justice.

You are done.

I would like to inquire about the new and recent procedure for family visa for my baby born in India; she is 1 year 6 months now.

When she was born my husband’s salary was not KD 450, now in his new work permit he has KD 450 salary and I have KD 250 and we both are under article 18; many of my friends are confusing me that there are some new procedures added in ministry like birth certificate attestation and need to be more than KD 450 above etc, please clear my below details.

1. Procedure and documents needed

2. Documents to be attested

3. How long it takes time will take once apply

4. How much cost? Please note I brought her under visit visa 2 times for 3 months each under my name; now I need to apply for family visa under my husband.

Name withheld

Answer: KD 450 is the minimum monthly salary required to be able to sponsor your immediate family members on dependent visa. Forget therefore about what your friends are telling you and go ahead and apply for the visa for your baby at the Immigration Department in your area and attach the following documents to the application.

1. Copy of the child’s passport

2. Copy of the child’s birth certificate which must be attested by your country’s ministry of foreign affairs or your embassy in Kuwait and the Kuwait Foreign Ministry annex in Shuwaikh.

3. An affidavit attested by your embassy in Kuwait and the Kuwait Foreign Ministry showing your realtion with the person you wish to bring to Kuwait.

4. Marrage certificate attested as in 2 above.

5. Your work permit (showing a monthly salary of at least KD 450).

6. Copies of your and your wife’s civil IDs. If you can supply all these documents, your will have no difficulties in getting the visa for your child.

Source:Arab Times

I searched the archives but didn’t find this specific question. My school calculates indemnity at 15/30, not 15/26 days for the first 5 years. The English version of the Labor Law (2010) simply says “a fifteenday- wage for every one year of service of the first five years” is to be paid out. Is this acceptable under the law?

Name withheld

Answer: The method adopted by your school (15/30) is wrong as the correct method is 15/26 as you indicated.

Published on Arab Times

I’m an Indian and have an offer letter to work as deputy finance manager. I’m an MBA holder and certificates are attested. My question is: Is it mandatory to work for three years since I’m a direct recruit from India even if company is ready to give a release? Offer letter says I have to compensate company if I resign within a year. My offer is only KD 450. Your advise is highly appreciated.

Name withheld

Answer: As a direct recruit from India or any other country, the Labour Law makes it mandatory for you to work three years for the sponsor before you can be entitled for a release. However if the sponsor so desires, he/she can give you a release at any point in time within the 3-year mandatory period. In order not to face suspicion and questioning of visa trading what most ‘no-objection’ sponsors do is that they let you work for them for at least one year before granting you a release.

Published on Arab Times

I hold an Indian passport and currently working as supervisor for a company. Please let me know the ways to take the visit visa for my father-in-law (48 years), mother- in-law (40 years) and sister-inlaw (5 years), as my wife has permanent residence here under my sponsorship. Requesting you to advice me on the procedure for availing the visit visa for the above mentioned persons.

Name withheld

Answer: To get the visit visas for your father-, mother-, sister- inlaws you should be earning a monthly salary of KD 300 or more.

After satisfying the salary condition you need the following documents to attach to your application for a visit visa.

These documents are: you and your wife’s civil ID copies, the rental agreement, copy of your work permit, passport copies of your father-, mother-, and sister- in-laws and affidavit showing your relationship with the persons you wish to invite.

This affidavit, in Arabic, should be typed in your embassy from where you should also have it attested. After this, you get the same attested at Kuwait’s Ministry of Foreign Affairs annex in Shuwaikh.

When you are done with all these you attach them to your application and you won’t have any problem in getting the visas.

Source: Arab Times

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