Kuwait: Introduces Comprehensive Foreign Residency Law
Arab Times, 12 December 2024: A senior official from the Kuwaiti Interior Ministry has announced the introduction of a new foreign residency law designed to align with current developments and address longstanding gaps.
The previous law, in place for over six decades, had seen only minimal changes.
The new law aims to rectify shortcomings in the older legislation while ensuring justice for expatriate workers and cracking down on residency traders through stricter penalties.
The law establishes clear guidelines for the rights and obligations of both workers and employers.
Set to be implemented within six months of its publication in the Official Gazette, the new residency law comprises 36 articles across seven chapters, incorporating significant amendments to benefit both citizens and residents.
Kuwait has taken steps to comply with international standards, particularly regarding human trafficking, by introducing provisions that reflect global laws and practices.
A key feature of the new law is the extension of residency durations for certain categories.
For instance, children of Kuwaiti women are granted a 10-year residency with the option of renewal, exempting them from fees unless they acquire Kuwaiti citizenship.
Additionally, the law allows foreigners to obtain regular residency in Kuwait for up to five years and includes incentives for foreign investors, such as granting real estate owners a ten-year residency.
Investors are eligible for a 15-year residency to encourage economic activity, while the family visit visa duration has been extended to three months.
The law outlines fees related to residency permits, renewals, and all types of entry visas, subject to decisions by the ] Interior Ministry.
A committee has been formed to ensure these fees align with residents’ incomes and services provided.
Concerns were expressed over disparities in visa fees between Kuwait and other countries, highlighting that Kuwaiti citizens pay significant amounts to enter certain countries while citizens of those nations pay nothing to enter Kuwait.
Severe penalties are imposed on those who exploit residency regulations, including trading in visas or employing foreigners unlawfully.
The law prohibits employers or recruiters from misusing visas, delaying payments without justification, or employing workers for purposes other than those specified in their contracts.
Foreigners are also prohibited from working for others without the appropriate permissions.
Shelter or employment of individuals without valid residency is strictly forbidden.
Violators, including companies facilitating illegal recruitment, face harsh penalties.
Companies found guilty of human trafficking or misusing foreign labor may lose their licenses, and responsible officials could face imprisonment and fines, with penalties doubling for public employees or repeat offenders.
The law also penalises individuals who obtain work permits in exchange for money or other benefits.
The Interior Ministry retains the authority to deport foreigners, even those with valid residency permits, if they lack a legitimate source of income, violate the terms of their residency, or pose a threat to public interest, security, or morals.
For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.
You can also explore the legal landscape by subscribing to our Weekly Newsletter.
Want to learn more about Lexis® Middle East? Visit https://www.lexis.ae/lexis-middle-east-law/.