Key amendments in Kuwait’s new residency law includes modifying and determining fees

The Assistant Undersecretary of the Ministry of Interior for Residency and Nationality Affairs, Major General Ali Al-Adwani, stated that the foreign residency law has been in place for over six decades without substantial amendments. This outdated legislation no longer aligns with current developments, prompting the introduction of a new law to address these changes.

In an interview with the “60 Minutes” program, General Al-Adwani mentioned that the new law includes several amended articles and introduces new ones. He pointed out that many residents have been questioning why the visit duration was one month earlier, and now it is three months, along with associated fees.

Fees Amendment

General Al-Adwani stated that the fees have been updated and specified in the new law, allowing the Minister of Interior to amend and determine fees through a ministerial decision.

The most significant changes include the addition of two special articles on human trafficking, reflecting Kuwait’s alignment with international standards to prevent such activities, as the country is not isolated from global monitoring in this area.

General Al-Adwani noted that in the past, amending a fee required changes to the law itself. However, today, a committee has been established to review fees, ensuring they are compatible with expatriate income and the services provided to them.

Furthermore, General Al-Adwani explained that, if a citizen travels to any nearby country with a domestic worker who pays high fees, in the Gulf countries, then only 3 dinars are charged as a symbolic amount. Also the Ministry of Foreign Affairs has been consulted regarding this.

General Al-Adwani continued that the Ministry is working to balance the fees with the services provided. As it moves towards opening the country, there must be accountability.

Moreover, expatriates bringing their wife or mother, the fees will be progressive. The committee is still discussing this. In the past, there was concern about people overstaying during visits.
General Al-Adwani emphasized that the Ministry has set strict rules for the exit of visitors. It has opened the family visit last March, and there isn’t a single violator for this visit.

Furthermore, there were five violators, which were removed. Through alerts, if the visitor does not leave, he is contacted and dealt with accordingly.

General Al-Adwani stressed that trafficking in residency in exchange for money is prohibited, as exploiting foreigners leads to severe penalties. This article considers agreements, reflecting a firm law to deter those who facilitate human trafficking.

If an amount is agreed upon to facilitate residency, individuals will be held accountable according to the law, particularly if the foreigner is employed in other jobs not specified in their recruitment.

Change of Stay Periods

General Al-Adwani mentioned that the residence periods for Kuwaiti children, real estate owners, and several other segments have been modified under the new law.

Nonetheless, General Al-Adwani mentioned that the new law includes provisions to facilitate Kuwaiti citizenship, granting its children a 10-year residency period with the possibility of renewal for another 10 years without fees, as long as the citizenship is not naturalized under Article 8.

General Al-Adwani added that this approach provides security and stability for citizenship. It allows the child of a Kuwaiti citizen to study abroad without canceling their residence if they spend more than six months outside Kuwait, with no specific time limit for the residence to expire.

Attracting Competencies

General Al-Adwani noted that the new law focuses on attracting competencies from residents, providing property owners in Kuwait with a 10-year residency and investors with at least a 15-year residency.

This aligns with the Investment Promotion Authority, which determines who qualifies as a foreign investor. This process reflects Kuwait’s openness to global investment and capital flows.

Penalties

General Al-Adwani stated that the penalty for employing and exploiting a worker, if proven, is 3 to 5 years in prison or a fine ranging from 5,000 to 10,000 dinars.

This penalty is not lenient, and no one will escape punishment. General Al-Adwani added that if the offense is committed by a public employee in their official capacity, the penalty is doubled.

General Al-Adwani explained that the legal person, which includes companies, is also covered by the law. The company owner will be held accountable and punished, with the company’s license being suspended or canceled from the first offense. He noted that punishment is multiplied for multiple violators, so the penalty for three violators would be three separate penalties.

To conclude, General Al-Adwani pointed out that in the past, workers were not held accountable, but under the new law, workers are now liable and face penalties.

If a worker participates in paying an amount and is punished with imprisonment for one year or a fine of 1,000 dinars, they are considered a participant in this crime.

There is no room for reconciliation in this article, as Kuwait’s reputation has been damaged due to human trafficking, so those who are not violators are not affected by it.

Source: Al Rai