Kuwait has announced new residency laws for foreigners in a landmark decree.
The laws define rules for expats in the country, with detail on passport guidelines, documentation, visa duration and deportation laws.
Amiri decree 114/2024 concerns the residency of foreigners and was issued on Thursday, It contains 36 articles of seven chapters. The previous decree 17/1959 had been in effect for six decades and required reforms to close the gaps in the law in addition to addressing the concurrent legislative challenges.
Kuwait expat residency laws
The first chapter of the residency laws deals with the entry of foreigners into Kuwait. It states that foreigners must have in their possession a valid passport or document from the authorities of their country to enter and leave the country.
GCC citizens are exempt from needing a valid passport to enter and leave Kuwait, saying that personal identification cards would suffice in accordance with Kuwaiti Ministry of Interior regulations and agreements with respective states.
Foreigners must enter and leave Kuwait through ports specified by Kuwait’s Ministry, one of the articles of chapter one stressed.
Chapter two of the law is concerned with notifying authorities of foreigners born in Kuwait, saying that residents must provide the passport or travel documentation to attain residency papers or a leave deadline with the whole process given a period of four months from birth.
Chapter three is connected with rules and regulations surrounding foreigners’ residence, saying that residents, eager to reside in Kuwait, must obtain residency permits from the Interior Ministry.
One of the articles states that Kuwaitis can request residency permits for their non-Kuwait wives, husbands and children. In case of a Kuwaiti women, the residency paper would not be given if they obtain citizenship according to article eight of the Amiri Decree 15/1959 from their previous marriage to a Kuwaiti citizen.
Non-Kuwaiti women, previously married or widowed to Kuwaiti citizens, have the right to ask for residency if they had children from a Kuwaiti national.
Foreigners who are in Kuwait on a visit visa must leave the country within a period that did not exceed three months unless they have obtained a residency permit from the Interior Ministry.
Another article of the reformed law was on domestic workers. It states that employers must notify the Interior Ministry of helpers’ absence within two weeks.
Transferring residencies of domestic workers was also touched on. If a domestic worker has left the country for more than four months without prior approval of the authorities, the residency permit would be annulled by the Interior Ministry.
The chapter also included an article on regular foreign residency, which did not exceed five years. A ten-year permit could be given to children of Kuwaiti female nationals, real-estate owners, or categories assigned by the Interior Ministry.
Chapter four included penalties against residency trafficking and related crimes, which the State of Kuwait strongly prohibits against and sets rules and regulations against such crimes.
Chapter five contains provisions relating to the rules for the deportation and eviction of foreigners, one of its articles empowers the Minister of Interior to issue a deportation order of any foreigner even if they hold a valid residence permit, in the cases provided for in the articles of the Act.
One of the articles states that a foreigner whose deportation order has been issued can be detained for a period not exceeding 30 days, and is renewable if such detention is necessary, since there are some who have obstacles preventing them from leaving the country.
Another article obliges the breadwinner or employer to bear the expenses of deporting or removing a foreigner from Kuwait, and anyone who employs, resides or harbours a foreigner to bear all the expenses of his deportation or expulsion.
Chapter six contains penalties for violating this law. One of its articles states that the Public Prosecution has exclusive jurisdiction to investigate, act, and prosecute crimes resulted from residence trafficking.
An article of this chapter also stipulates the cases in which reconciliation with the accused may be made if he violates some of the provisions of this law or the regulations and decisions implementing and the basis for reconciliation.
Chapter seven is about General provisions. One of its articles specifies those who are excluded from this law, heads of State and their families, heads and employees of diplomatic missions and their families, on condition of reciprocity, holders of diplomatic and political passports, on condition of reciprocity, and those whom the Minister of Interior deems an exception with special permission for considerations related to international courtesies.
Article (34) stipulates that the regulations and executive decisions issued under Amiri Decree No. 17 of 1959 shall continue to operate until the necessary regulations and decisions are issued for its implementation by the Minister of Interior within six months from the date of its publication in the Official Gazette.
Article (35) refers to the repeal of the aforementioned Amiri Decree No. 17 of 1959, and any provisions contrary to this law.
Article (36) mandates the ministers, in their own capacity, to implement this law and refer to its publication in the Official Gazette.
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