ARTICLES & UPDATES

Summary:

The new foreign residency law has been issued under Amiri Decree No. 114 of 2024, introducing comprehensive reforms to the legal framework regulating the residency of foreign nationals. This decree, comprising 36 articles across seven chapters, supersedes Amiri Decree No. 17 of 1959, which governed residency matters for over six decades. The newly enacted law aims to address prevailing challenges and rectify the shortcomings that existed in the existing law.

Key Highlights of Amiri Decree 114/2024

Entry Requirements for Foreigners

Chapter 1 consists of five articles outlining the entry and exit requirements for foreign nationals. The law states that individuals entering or leaving Kuwait must possess a valid passport or an equivalent travel document issued by the competent authority of their home country. However, GCC nationals are exempt from this requirement and may enter using their Civil ID cards, in accordance with the rules established by the Ministry of Interior in coordination with GCC member states.

The chapter further provides that the various categories of visas and the procedures for obtaining them shall be determined by the Ministry of Interior. The issuance of visas and their respective procedures are currently governed by Ministerial Resolution No. 957 of 2019, the executive regulations of the Foreign Residence Law.

Article 4 of the Law specifies that entry and exit must be through the designated locations and as per the procedures that are established by the Ministry of Interior.

Reporting Obligation of Transportation Providers

Article 5 of the Law imposes an obligation on captains of ships and aircraft, as well as bus and car drivers, to submit to the competent authorities a statement containing the names, relevant information, and details of their crew, assistants, and passengers upon arrival or departure from Kuwait. They are further required to report any passengers who do not possess a valid passport or whose travel documents are incorrect or invalid. Such passengers must be prevented from disembarking or departing, as applicable.

Notification of Birth and Residency for Newborns

Article 6 of Chapter 2 requires foreigners whose child is born in the State of Kuwait to submit the child’s passport or travel document to the Ministry of Interior within four months for the purpose of obtaining a residency permit or requesting an extension to leave the country.

Passport Presentation and Reporting Obligations

Article 7 states that the foreigners must present their passport or equivalent document and/or furnish any information as and when requested by the competent authorities of the Ministry of Interior.

Loss or Damage of Passport

In the event of loss or damage to the passport or equivalent document, the foreigners must notify the competent authorities within 2 weeks of the incident.

Reporting Obligations of Accommodation Managers

Managers of hotels and furnished accommodations intended for rent must report to the competent authority at the Ministry of Interior, the arrival and departure of foreigners staying at their facilities within 24 hours.

Further, they must maintain books and records to record the relevant information regarding the stay of the foreigners. The police officials designated by the Ministry of Interior are authorized to inspect the aforementioned books and records, document any violations of the law discovered during their inspections, and report them to the competent authorities.

Residence Permits and Visa Conditions

Chapter III of the law outlines the rules governing residency. Foreign residents seeking to reside in Kuwait must obtain residency permits from the relevant department of the Ministry of Interior.

Kuwaiti nationals are permitted to request residency permits for their foreign spouse and children. However, Kuwaiti women who were granted citizenship under Article 8 of Amiri Decree 15/1959 due to a previous marriage to a Kuwaiti cannot obtain residency for spouses. Non-Kuwaiti women who were previously married to Kuwaiti citizens or widowed may apply for residency permits for their children born from such marriages.

Visitors on a visit visa are required to leave Kuwait within three months unless they obtain a residency permit. A temporary residency permit may be granted for a period of three months, with the possibility of renewal for up to one year. Regular residency permits must be obtained for longer stays, in accordance with the terms prescribed by the Ministry of Interior.

Article 13 deals with Regular residency permits, which are granted for a period of five years, with a ten-year residency permit available for children of Kuwaiti women, property owners, and other categories determined by the MOI. Further, investors under Law No.116 of 2013 concerning direct investment, are eligible for residency permits that can last up to 15 years.

Article 14 outlines the requirements for the residency of domestic workers. A domestic worker may be granted a residency permit for a maximum period of five years, subject to the duration of their employment contract. Employers are required to notify the Ministry of Interior of a worker’s absence within two weeks of such absence. Further, Residency permits for domestic workers may be canceled if they leave the country and remain abroad for more than four months without prior approval from the Ministry of Interior.

Residence Permits for Employees in Government or Non-Governmental Entities

Employees in government entities or workers in non-governmental entities can be granted regular residence permits at the request of their respective employers, provided that they hold valid passports.

If the residence permit has expired and is not renewed, or if the employee does not obtain another residence permit through a different entity, they must leave Kuwait within a period specified by the competent authority at the Ministry of Interior, which shall not exceed six months from the termination of employment.

Government employees may be granted residence permits with another entity with the consent of their employer (government entity). Workers in non-governmental entities may only be granted new residence permits with approval from the competent authority at the Ministry of Interior.

Governmental or non-governmental entities, as applicable, must notify the competent authorities at the Ministry of Interior within two weeks if an employee is terminated or has left the employment.

Notification of Expiration of Residence

Article 15 mandates that sponsors must notify the Ministry of Interior if a foreigner does not leave Kuwait after the expiry of their entry visa, temporary residence, or regular residence permit.

Residency Renewal Fees and Exemptions

Fees for residency permits, renewals, and entry visas are determined by the Minister of Interior. Fee exemptions are provided for children of Kuwaiti women who have secured residency under Article 10, as well as other cases specified by the Ministry.

Prohibition of Residence Trafficking and Associated Acts

Chapter IV of the law strictly prohibits the act of engaging in residency trafficking (buying and selling of visas), including exploiting or facilitating the recruitment of a foreigner under an entry permit, residence permit, or its renewal in exchange for financial compensation, benefits, or promises, whether for oneself or others. This includes recruitment or renewal for actual, fictitious, or alleged employment, or for employing the foreigner either directly with the applicant or with others without authorization or in violation of the Private Sector or Domestic Labour Laws.

The law also prohibits employers or recruiters from employing expatriates for purposes other than their original recruitment or from enabling or facilitating their work for others without a license from the Ministry of Interior. It also forbids employers from refusing to pay an expatriate’s dues without justification. Moreover, the law prohibits expatriates from working for others without the permission of their government employer or the competent authorities.

In all circumstances, it is prohibited for any individual to shelter, employ, or accommodate a foreigner whose residency is invalid or expired, or who lacks valid residency within the country.

Deportation and Exit Regulations for Foreigners

Chapter V of the Law deals with provisions governing the deportation and exit regulations for foreigners. Article 20 stipulates that the Ministry of Interior has the authority to order the deportation of a foreigner within a specified timeframe, even if the individual possesses a valid residence permit, under specific circumstances such as:

• If the individual lacks a legitimate source of income.
• If the individual violates the provisions of Article 19 of this Law.
• If deportation is deemed necessary for reasons of public interest, security, or morality.

• Deportation order issued against a foreigner may extend to their family members who are sponsored by them.
• Foreigners subject to deportation orders may be detained for up to 30 days, with additional extensions if required to implement the deportation decision.
• Foreigners without valid residency permits or those with expired permits will be expelled from, Kuwait through a decision issued by the Ministry of Interior. Such individuals may return to Kuwait only if they fulfill all the requirements under this Law.
• Employers or sponsors are responsible for covering the costs associated with deporting foreign workers. Further, individuals found guilty of illegally employing, housing, or sheltering a foreign worker in violation of Article 19 must bear the deportation expenses. The Ministry of Interior may order deportation costs to be deducted from the foreigner’s assets, if available.
• If the deported foreigner has assets or financial interests in Kuwait that require liquidation, they shall be granted a specific timeframe for this purpose in accordance with the conditions determined by the Ministry of Interior.
• Foreigners who have been deported may only return to Kuwait with explicit approval from the Ministry of Interior.

Penalties

Chapter VI of the Law outlines the penalties for the contravention of any of the provisions of the law.

• A minimum fine of 600 Kuwaiti Dinars and a maximum fine of 2,000 Kuwaiti Dinars shall apply in the following cases:

1. Any foreign resident fails to report to the authorities about the birth of a newborn in Kuwait and apply for newborn’s residency as outlined in Article 6
2. The employer fails to notify the absence or termination of the domestic worker within 2 weeks of such absence or termination.
3. A government or non-governmental entity fails to notify the competent the Ministry of Interior when the employee resigns or is terminated, within two weeks of such resignation or termination.
4. Any person who fails to notify the Ministry of Interior that a foreigner, whose entry or residency permit has expired, has not exited Kuwait shall be in violation of the law.

• An imprisonment for a maximum period of three months, or a minimum fine of 200 Kuwaiti Dinars and a maximum fine of 400 Kuwaiti Dinars, or either of the penalties shall apply in the following cases:

1. Ship and aircraft captains, and bus/car drivers who fail to report to the Ministry of Kuwait the information related to their crew, assistants, and passengers, or information regarding any passenger without a valid passport.
2. Any foreigner who fails to report to the Ministry of Interior in the event of loss or damage of the passport within 2 weeks from the occurrence of such loss or damage.
3. Managers of hotels and furnished accommodations who fail to provide the information regarding the arrival/departure of foreigners within 24 hours of such arrival or departure, or fail to maintain such books and records as prescribed in Article 8 of this Law.

• Any person who violates the provisions of Articles 9, 12, 13(5), 14(3), and 15(2) shall be punishable with imprisonment for a maximum term of 1 year, or a minimum fine of 600 Kuwaiti Dinars and a Maximum fine of 1200 Kuwaiti Dinars, or both.
• Any person who violates the provisions of Article 11 shall be punished with imprisonment and a fine of not less than 1,000 Kuwaiti Dinars.
• Anyone who violates the provisions of Articles 4 and 26 of the Law shall be punished with imprisonment for a minimum term of 1 year and maximum term of 3 years, or a minimum fine of 1,000 Kuwaiti Dinars and maximum fine of 3,000 Kuwaiti Dinars, or both. In case of subsequent offenses, the penalty shall be imprisonment for a minimum term of 3 years and a maximum term of 5 years, or a minimum fine of 3,000 Kuwaiti Dinars and a maximum fine of 5,000 Kuwaiti Dinars, or both.
• Anyone who violates the provisions of Article 19 shall be punished with imprisonment for a term not exceeding 2 years, or a minimum fine of 5,000 Kuwaiti dinars and a maximum fine of 10,000 dinars, or both.
• Any person who violates the provision of Article 18 shall be punished with imprisonment for a minimum term of 3 years and a maximum term of 5 years, or a minimum fine of 5,000 Kuwaiti dinars and a maximum fine of 10,000 Kuwaiti Dinars or both.
• If multiple foreigners are involved in the offense, the penalties shall be multiplied accordingly. The penalties shall also be doubled if the offender is a public employee acting within the scope of their duties.
• In cases of repeated offenses, the prescribed penalties shall be doubled.
• If the offense is committed by a legal entity, a minimum fine of 5000 Kuwaiti Dinars and a maximum fine of 10,000 Kuwaiti Dinars shall be imposed per violating foreigner. Further, the business licence of such entity shall be revoked. The authorized person for the legal entity shall be subject to the prescribed penalty.
• Any person who obtains a permit through bribery, promises of benefits, or other illicit means shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding 1,000 Kuwaiti Dinars.

Article 29 states that the public prosecution shall have exclusive jurisdiction to investigate, handle, and prosecute crimes related to residence trafficking.

Article 30 states that, without prejudice to any more severe penalties, a minimum fine of 100 Kuwaiti Dinars and a maximum fine of 200 Kuwaiti Dinars shall apply for contravention of any provisions of the law for which no specific penalty is provided.

Issuance of Implementing Regulations

Article 34 states that the regulations and executive decisions issued under the previous decree (17/1959) will remain in effect until new regulations are issued by the Minister of Interior within six months of the law’s publication in the official gazette.

Article 35 repeals the previous decree and any conflicting provisions, while Article 36 designates ministers to implement the law and arrange for its publication.

Exemptions from the Application of the Law

Article 32 specifies that the following are exempted from the application of the provisions of this Decree-Law:

(a) Heads of State and their family members.

(b) Heads and employees of official diplomatic missions and their family members, subject to reciprocity.

(c) Holders of diplomatic, private, and political passports, provided reciprocity is maintained.

(d) Individuals granted special exemptions by the Minister of the Interior, based on considerations of international courtesies.

Conflict with International Agreements

Article 33 states that the provisions of this Law shall not conflict with international agreements on residence to which the State of Kuwait is a party.

Key provisions:

• Foreign individuals visiting Kuwait can stay for a maximum of 3 months unless granted an extension or residency permit.
• Temporary residency permits are limited to 3 months but can be extended up to one year.
• Regular residency is capped at five years, with exceptions of up to 10 years for children of Kuwaiti women and property owners, and up to 15 years for investors.
• Hotels and furnished accommodation providers must report the arrival and departure of foreign guests within 24 hours of such arrival/departure.
• General workers and residents shall not remain outside Kuwait for more than six months. Whereas, domestic workers shall not remain outside Kuwait for more than four months without prior permission from the Ministry of Interior.
• Prohibition on employers or recruiters from employing expatriates for purposes other than their original recruitment.
• Foreign residents shall notify the Ministry of Interior within 2 weeks in case of a loss or damage to their passport.
• the law strictly prohibits the act of engaging in residency trafficking (buying and selling of visas), including exploiting or facilitating the recruitment of a foreigner under an entry permit, residence permit, or its renewal in exchange for financial compensation, benefits, or promises, whether for oneself or others.

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