‘Amiri Decree’ issued regarding foreigners’ residency law

Today, Thursday, the Amiri Decree No. 114 of 2024, was issued regarding the Foreigners’ Residence Law. The decree includes a set of provisions outlined in 36 articles across seven chapters.

The previous Foreigners’ Residence Law, Amiri Decree No. 17 of 1959, had been in effect for over six decades, during which time numerous developments and shortcomings emerged.

These gaps, resulting from the practical application of the law, made it necessary to address and update the legislation to reflect current realities and advancements.

The first chapter of the Amiri Decree dealt with the provisions regulating the entry of foreigners into the State of Kuwait. One article requires foreigners to carry a valid passport or equivalent, issued by the competent authorities of their country or another recognized international authority, when entering or exiting Kuwait.

However, citizens of Gulf Cooperation Council (GCC) countries are exempt from this requirement and may use their personal ID cards for entry and exit. A decision from the Minister of Interior, in coordination with the relevant Gulf countries, will specify the details.

One of the articles also stipulates that a foreigner’s entry and exit from Kuwait must be through designated entry points, in accordance with the procedures set by the Minister of Interior.

Chapter Two of the law includes provisions related to notifying the competent authorities. One article requires that a foreigner who has a child born in Kuwait must report the birth and submit the child’s passport or travel document in order to obtain a residence permit or a grace period to leave the country. This must be done within a maximum period of four months from the date of birth.

Chapter Three outlines provisions related to the residence of foreigners in Kuwait. One article stipulates that any foreigner wishing to reside in Kuwait must obtain a residence permit from the competent authority within the Ministry of Interior.

Additionally, the law grants Kuwaiti citizens the right to obtain residence permits for their foreign wives, and it allows Kuwaiti women married to foreigners to obtain residence permits for their foreign husbands and children.

This provision is valid provided that the Kuwaiti woman has not acquired Kuwaiti citizenship through affiliation, as outlined in Article 8 of Amiri Decree No. 15 of 1959, on the Kuwaiti Nationality Law, from a previous marriage to a Kuwaiti.

The law also grants a non-Kuwaiti woman, who is a widow or divorcee of a Kuwaiti man, the right to obtain a residence permit if she has children from him.

One article of the law allows a foreigner who enters Kuwait for the purpose of visiting to stay for a period not exceeding three months. Upon the expiration of this period, the foreigner is required to leave the country unless they obtain a residence permit from the Ministry of Interior.

One article in this chapter addresses the provisions related to the residence of domestic workers and those in similar positions. It requires the employer to notify the competent authority in the Ministry of Interior within two weeks if the domestic worker or a similar employee leaves the job.

The law also regulates the procedures for transferring a domestic worker’s residence from one employer to another. Additionally, if a domestic worker leaves the country and remains abroad for more than four months without obtaining permission from the competent authority at the Ministry of Interior, his right to the residence permit will be forfeited.

Some articles in this chapter also regulate provisions related to regular residency. A foreigner may be granted regular residency for a period not exceeding five years.

Additionally, residency may be granted for up to ten years for certain individuals, including the children of Kuwaiti women, property owners, and other categories specified by a decision of the Minister of Interior.

Chapter Four contains provisions addressing residency trafficking and related crimes. One article prohibits trafficking by exploiting the recruitment or facilitation of recruiting a foreigner under an entry visa, residence permit, or its renewal in exchange for money, benefits, or promises, either for oneself or others.

This includes cases where the recruitment or renewal is for real, fictitious, or alleged work, or involves employing the foreigner for the recruiter or others without a license or in violation of the provisions of the Labor Law in the Private Sector or the Domestic Workers Law.

The fifth chapter contains provisions related to the deportation and expulsion of foreigners. One article authorizes the Minister of Interior to issue an order for the deportation of a foreigner, even if they have obtained a residence permit, in cases specified by the law.

One article also permits the detention of a foreigner who has been issued a deportation order for a period not exceeding 30 days, with the possibility of renewal, if the detention is necessary to enforce the deportation order. This is applicable in cases where there are obstacles preventing the individual from leaving the country.

One article in this chapter obligates the breadwinner or employer to bear the expenses of deporting or expelling a foreigner from Kuwait. However, it exempts anyone who employs, houses, or shelters the foreigner from bearing the full cost of deportation or expulsion. The law also allows the expenses to be covered from the foreigner’s own funds, if they have money available.

Chapter Six includes the penalties for violating the provisions of this law, including both penal and supplementary penalties. One article specifies that the Public Prosecution alone has the authority to investigate, handle, and prosecute crimes related to residency trafficking.

One article in this chapter outlines the cases in which reconciliation may be reached with the accused if they violate certain provisions of the law or it’s implementing regulations and decisions, and the basis for such reconciliation.

The seventh and final chapter is dedicated to general provisions. One article specifies the individuals exempt from this law, including heads of state and their families, heads of diplomatic missions and their families, their official employees and families, provided there is reciprocity.

It also exempts holders of diplomatic and political passports, again contingent on reciprocity, as well as those whom the Minister of Interior deems exempt with special permission for reasons related to international courtesies.

Article 34 of the law stipulates that the regulations and executive decisions of Amiri Decree No. 17 of 1959 will remain in effect as long as they do not conflict with the provisions of this new law. These existing regulations will continue to apply until the necessary regulations and decisions for implementation are issued.

The law also assigns the Minister of Interior the responsibility to issue the necessary regulations and decisions to implement the law within six months from the date of its publication in the Official Gazette.

Article 35 of the law refers to the cancellation of Amiri Decree No. 17 of 1959, as well as any other provisions that contradict the provisions of the new law.

Article 36 entrusts the ministers, each within their respective areas of responsibility, with the task of implementing the law and stipulates its publication in the Official Gazette.

Source: Al Rai