The groundbreaking residency law stipulating regulation of the entry, stay and exit of any foreigner in Kuwait was just recently promulgated. This article gives a bird’s eye view of the new laws on residency along with residency permits, visa conditions, penalties for violations, and deportation procedures. An in-depth knowledge of these regulations is what people need, firstly, in order to avoid any potential legal disputes and secondly, to practically use their rights of the legal framework.
New Residency Law in Kuwait
Kuwait’s new residency law has set forth comprehensive standards regarding access, residency, and departure. It specifies the process of acquiring visas and business licenses, the charges for violators, and the rules for detention. The law has the objective of promoting transparency, faith and observance, and at the same time, it provides a balanced civil system for the accommodation of foreign residents as they concur with public interest and the nation’s national stability.
Deportation and expulsion of foreigners in the new Kuwaiti residence law
Below is a list regarding the statutory expulsion of aliens by the new Kuwaiti residents law:
- Expulsion of Illegal Residents: Foreigners without valid residency or with expired permits will be expelled. They may return only if they meet entry requirements. Fines may be waived if they leave voluntarily.
- Deportation Authority: The Minister of Interior can deport foreigners, even with valid residency, for lacking income, violating Article 19, or for public interest, security, or morality reasons.
- Family Deportation: Deportation orders may include financially dependent family members of the deported individual.
- Deportation Costs: Employers or sponsors cover deportation costs. Illegal employers or shelterers bear full expenses, and costs may be deducted from the worker’s assets.
- Detention for Deportation: Foreigners under deportation orders may be detained for up to 30 days, extendable as needed to enforce deportation.
- Asset Liquidation: Deported individuals with assets in Kuwait may be granted time to liquidate them, under conditions set by the Minister.
- Re-entry After Deportation: Previously deported individuals require explicit Ministerial approval to return to Kuwait.
Residence of foreigners in Kuwait according to the new residence law
Below is a list showing details of foreigners’ residence in Kuwait according to the new residence law:
- Residency Permit Requirement: Foreigners must possess a residency permit to stay in Kuwait issued by the Ministry of Interior Regulation of their stay is thereby organized and made a part of the official record.
- Considering the residence for Kuwaiti Spouses and Children: Residency permits can be issued to their foreign spouses and children by a Kuwaiti citizen. They can also apply for residence permits through widows if they have children of the Kuwaiti husband.
- Visitor Stay Periods: The visitors can stay in Kuwait for three months. They are required to depart except when issued a residency permit by the Ministry of Interior after meeting entry requirements.
- Residency Fees: Fees for residency and entry visas are determined by the Ministry of Interior. Exemptions apply to Kuwaiti women’s children and other cases specified by the Minister.
- Regular Residency: Regular residency permits are given for five years, renewable for ten years for property owners and children of Kuwaiti women, and fifteen years for investors under special legislation.
- Employee Residency: Employees in the private and government sectors receive residency permits on employment. Residency is terminated upon termination of employment, and the employees must vacate the premises within six months or be given a new permit.
- For Domestic Workers: The residency of a female domestic worker of any nationality will be depending on her employment contract, so she can start her job without getting her permit. Again, once she leaves, the employer is required to forward a communication to the Immigration Officers so that the residency will be canceled unless another permit is granted.
- Temporary Residents: A temporary residence is granted for a maximum period of three months, extendable to one year. A permanent residence requires the approval of the Minister of Interior with attaching conditions to the applicant.
- Notification Requirements: Sponsors must notify the Ministry of Interior if a foreigner’s entry visa or residency expires and the individual does not leave Kuwait, ensuring proper oversight of residency status.
Entry of foreigners according to the new Kuwaiti residence law
The following list shows the details of foreigners’ entry according to the new Kuwaiti residence law:
- Entry and Exit Requirements: Foreigners must have a valid passport or equivalent document to enter or exit Kuwait. GCC citizens may use their national ID cards. The Minister of Interior sets rules for ID card specifications in coordination with GCC states.
- Entry Visa Regulations: The Minister of Interior issues decisions specifying types of entry visas and the procedures required to obtain them, ensuring organized and regulated entry processes.
- Responsibilities of Captains and Drivers: Captains of ships, planes, and drivers of buses or cars must provide passenger and crew lists to authorities. They must report passengers without valid passports and prevent their movement if documents are invalid.
- Visa Exemptions: Nationals of countries exempted by decree, based on reciprocal treatment, do not require entry visas. This promotes diplomatic and international relations.
- Designated Entry Points: Foreigners may only enter or exit Kuwait through designated locations, following procedures set by the Minister of Interior to maintain border security.
Penalties in the new Kuwaiti residency law
Below is a list of penalties for violating the new residency law in Kuwait:
- Reconciliation Options: Settlements are available for certain violations, with daily fines ranging from 2-10 KWD depending on the article violated. Maximum settlement amounts cannot exceed the stipulated fines. Payments resolve criminal cases, but the Minister of Interior may reject settlements.
- Residency Trade Violations: Article 18 violations carry 3-5 years imprisonment and fines of 5000-10,000 KWD, multiplied by the number of violators. Legal entities face fines of 5000-10,000 KWD, license revocation, and penalties for responsible individuals. Informants may be exempt from penalties.
- Jurisdiction and General Penalties: The Public Prosecution has exclusive jurisdiction over residency trade crimes. General violations not covered elsewhere incur fines of 100-200 KWD.
Check Iqama Online in Kuwait
To benefit from the Kuwait Iqama Check Online service, Here’s how you can do it:
- Step 1: visit Ministry of Interior website.
- Step 2: Click on Individual from the menu on the left side.
- Step 3: Click on the Individual Services Platform option from the submenu.
- Step 4: Type Civil ID in the empty field.
- Step 5: Complete authentication using the Mobile ID app.
- Step 6: Return to the portal after completing the authentication procedure.
- Step 7: Check the validity of the Iqama through the user account.
Renewing residence in Kuwait
To benefit from the Kuwait Residency Renewal Online service, Just follow these easy steps:
- Step 1: Visit General Department of Residency website online.
- Step 2: Click on the “Individual” option from the left side menu.
- Step 3: Click on “ndividual Services Platform from the submenu.
- Step 4: Type the Civil ID number in the empty field.
- Step 5: Click on the Next icon and then verify via Kuwait Mobile ID app.
- Step 6: Click on Family Members from the available options.
- Step 7: Click on the name of the resident whose residency the user wants to renew.
- Step 8: Add the required data and then click on the Renew icon.
- Step 9: Follow the instructions to pay the fees and then confirm the renewal request.
Conclusion
The new residency law in Kuwait introduces comprehensive regulations for entry, residency, and exit, ensuring transparency and security. It outlines procedures for visas, permits, penalties, and deportations, balancing public interest with individual rights. For detailed information and related services, visit Kuwait How, your trusted guide to navigating Kuwait’s legal and administrative systems effectively.
