Kuwait unveils forward-thinking Foreigners’ Residency Law

• In keeping with Kuwait’s policy of welcoming visitors, the law permits foreigners on a visit visa to stay for up to three months, with an option for renewal. It also allows temporary residency for up to three months, which can be extended to one year.

• The new law allows foreign nationals to obtain residency for up to five years, with ten-year permits for Kuwaiti children, real estate owners, and others, while exempting investors and Kuwaiti children from the six-month residency requirement outside the country.

• Violations, such as employing foreigners in unlicensed roles, can result in 3–5 years imprisonment and fines of 5,000 to 10,000 KD, while the law also allows deportees a grace period to settle their affairs before deportation.

The newly issued Foreigners’ Residence Law, officially enacted on Friday, is described as a progressive and refined measure that aligns with Kuwait’s humanitarian values, addresses previous gaps, and adapts to modern developments. With provisions ensuring the rights of expatriates and the state, alongside deterrent penalties, the law dedicates an entire chapter to combating ‘residency trade,’ according to Al Jarida newspaper.

The new residency law, consisting of 36 articles across seven chapters, will take effect six months from today, replacing the 1959 Amiri Decree No. 17. Addressing longstanding issues, the law introduces several key changes.

One notable update concerns expatriates and their newborns. Under the previous law, the timeframe for registering a newborn’s residency was insufficient, often leading to legal action against parents for “illegal residency.” The new law extends this period to fourmonths from the date of birth, offering families greater flexibility.

In line with Kuwait’s policy of welcoming visitors, the law allows foreigners entering on a visit visa to stay for up to three months, with the possibility of renewal. Temporary residency is also permitted for up to three months, extendable to one year, provided the individual obtains a permit from the Ministry of Interior. Violators face hefty fines to safeguard the state’s rights.

The law also organizes “ordinary residency,” allowing foreign nationals to obtain residency permits for up to five years. Additionally, residency for up to ten years is granted to children of Kuwaiti citizens, real estate owners, and other categories as determined by the Minister of Interior. Investors and children of Kuwaiti citizens are exempted from the six-month residency requirement outside the country.

Chapter Four focuses on combating residency trafficking, explicitly prohibiting exploitation through illegal recruitment or renewal of permits for monetary or personal gain. Violations, including employing foreigners in unlicensed roles or against labor laws, can lead to imprisonment of 3–5 years and fines ranging from 5,000 to 10,000 KD.

The law also includes a humanitarian provision allowing deportees time to settle their affairs in Kuwait. According to this provision, the Minister of Interior may grant a grace period for liquidation of interests before deportation.

Key privileges

• Visit visas up to three months, renewable.
• Temporary residency from three months to one year.
• Extended newborn residency registration period of up to four months.
• Residency permits of up to five years for expatriates and Kuwaiti children, and up to 15 years for investors.
• Exemption for investors and Kuwaiti children from the six-month absence rule.

Key prohibitions

• Employing workers for purposes other than their intended role – fine: 3,000 KD.
• Allowing foreigners to work without a sponsor’s permission – fine: 3,000 KD.
• Harboring expatriates with expired residency – fine: 3,000 KD.
• Residency trafficking – penalty: 3–5 years imprisonment and fines between 5,000 and 10,000 KD.