Kuwait has recently introduced significant changes to its expat residency laws, impacting thousands of foreign nationals residing in the country. The new Amiri Decree 114/2024, which replaces the decades-old Decree 17/1959, outlines a comprehensive set of rules and regulations for foreigners entering, residing, and departing Kuwait.
Key Changes in Kuwait’s New Residency Laws
Kuwait’s Amiri Decree 114/2024 introduces comprehensive updates to residency regulations. Below is a detailed look at the changes in entry requirements, residency permits, domestic worker rules, and deportation policies.
1. Entry and Exit Requirements
Kuwait has revised its policies for foreigners entering and leaving the country.
- Passport Requirements: All foreigners must present a valid passport or an approved travel document to enter or exit Kuwait.
- GCC Nationals: Citizens from Gulf Cooperation Council (GCC) countries can use their national ID cards instead of passports, in line with regional agreements.
- Designated Ports: Entry and exit must occur only through officially recognized ports, as designated by Kuwait’s Ministry of Interior.
2. Residency Permits and Family Sponsorship
Significant updates have been made to the process for obtaining and maintaining residency.
- Residency Applications: Foreign nationals who wish to live in Kuwait must apply for a residency permit through the Ministry of Interior.
- Family Sponsorship: Kuwaiti citizens can sponsor their non-Kuwaiti spouses and children. However, women married to non-Kuwaitis face certain restrictions based on citizenship status.
- Widowed or Divorced Spouses: Non-Kuwaiti widows or divorced spouses of Kuwaiti citizens can apply for residency if they have children from the marriage.
- Visit Visa Rules: Visitors must leave Kuwait within three months unless they secure a residency permit.
Also Read: Kuwait Reopens Short-Term Work Visas: Everything You Need to Know
3. Rules for Domestic Workers
Domestic worker policies now emphasize employer accountability and timely reporting.
- Employer Obligations: Employers must notify the Ministry of Interior if a domestic worker is absent for more than two weeks.
- Residency Cancellation: A domestic worker’s residency permit will be automatically cancelled if they remain outside Kuwait for over four months without prior approval.
4. Long-Term Residency Options
The decree introduces new categories for extended residency.
- Five-Year Residency: Standard residency permits are valid for up to five years.
- Ten-Year Residency: Eligible categories for extended permits include:
- Children of Kuwaiti mothers.
- Real estate owners.
- Other special groups approved by the Ministry of Interior.
5. Deportation Rules and Legal Penalties
The updated laws give authorities more power to regulate residency violations and enforce deportations.
- Deportation Authority: The Minister of Interior can issue deportation orders for any foreigner, even if they have a valid residency permit.
- Detention Conditions: Foreigners subject to deportation may be detained for up to 30 days. This period can be extended if necessary.
- Employer Responsibility: Employers or sponsors are financially liable for deportation costs if they are found to have harboured or employed foreigners illegally.
- Penalties for Violations: The Public Prosecution is authorized to investigate and prosecute crimes related to residency violations, including human trafficking and illegal residency.
Also Read: Kuwait Warns Expats: Strict Penalties, Deportation for Violating Visa Rules
Special Exemptions
Certain groups are exempt from the residency laws, including:
- Heads of state and their families
- Diplomatic mission employees and their families
- Holders of diplomatic passports
These exemptions are granted based on reciprocal agreements or special permissions from the Interior Ministry.
Implementation Timeline
The previous residency law (Amiri Decree No. 17 of 1959) will remain in effect until the Interior Ministry issues new regulations within six months.
Important Considerations for Expats
- Stay Updated: Foreign residents should stay informed about the latest regulations and guidelines issued by the Kuwaiti government.
- Consult Legal Experts: If you have any questions or concerns about the new residency laws, it is advisable to consult with an immigration lawyer or legal advisor.
- Adhere to Regulations: Strict adherence to the new laws is crucial to avoid penalties and potential legal issues.
By understanding these key changes, foreign residents in Kuwait can ensure compliance with the new regulations and maintain a smooth and legal stay in the country.
Conclusion
Kuwait’s updated residency laws signal a significant shift in the country’s approach to managing foreign residents. With stricter enforcement and updated permit rules, expatriates and employers must stay informed and compliant. For those planning to live or work in Kuwait, understanding these changes is crucial for a smooth transition.
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