Kuwait foreign residency: Latest updates for applicants

KUWAIT CITY: Amiri Decree 114/2024 regarding the residency of foreigners issued on 28 November by the Kuwaiti government, comprising 36 articles organized into seven chapters.

The preceding decree, 17/1959, had been in force for sixty years and necessitated reforms to address legal deficiencies and the current legislative challenges.

The initial chapter of the residency law pertains to the entry of foreigners into Kuwait, stipulating that individuals must possess a valid passport or an official document from their home country to enter and exit the nation.

Citizens of the Gulf Cooperation Council (GCC) are exempt from the requirement of a valid passport for entry and exit, as personal identification cards are deemed sufficient in accordance with the regulations of the Kuwaiti Ministry of Interior and agreements with their respective countries.

One of the provisions in the first chapter emphasizes that foreigners must enter and exit Kuwait through designated ports as specified by the Ministry.

The second chapter addresses the obligation to notify relevant authorities regarding foreigners born in Kuwait, stating that residents must present their passport or travel documents to obtain residency papers or a departure deadline, with a stipulated timeframe of four months from the date of birth.

The third chapter outlines the rules and regulations governing the residency of foreigners, indicating that individuals wishing to reside in Kuwait must secure residency permits from the Ministry of Interior.

One article permits Kuwaiti citizens to apply for residency permits for their non-Kuwaiti spouses and children. However, for Kuwaiti women, residency papers will not be granted if they acquire citizenship under article eight of Amiri Decree 15/1959 from a previous marriage to a Kuwaiti citizen.

Non-Kuwaiti women who have been previously married or widowed to Kuwaiti citizens are entitled to apply for residency if they have children with a Kuwaiti national.

Foreign nationals visiting Kuwait on a visit visa are required to exit the country within a maximum duration of three months, unless they have secured a residency permit from the Ministry of Interior.

An additional provision of the revised legislation pertains to domestic workers and similar personnel, mandating that employers must inform the Ministry of Interior regarding the absence of their helpers within a two-week timeframe.

The transfer of residency for domestic workers was also addressed. Should a helper depart the country and remain outside for more than four months without prior authorization from the relevant authorities, their residency permit will be annulled by the Ministry of Interior.

This section also included a stipulation regarding standard foreign residency, which is limited to a maximum of five years. A ten-year residency permit may be granted to the children of Kuwaiti female citizens, real estate owners, or other categories designated by the Ministry of Interior.

Chapter four outlines’ penalties for residency trafficking and associated offenses, which are strictly prohibited by the State of Kuwait, accompanied by stringent rules and regulations against such activities.

Chapter five encompasses provisions related to the deportation and removal of foreign nationals. One article empowers the Minister of Interior to issue a deportation order for any foreigner, even if they possess a valid residency permit, under the circumstances specified in the Act.

Another provision states that a foreigner subject to a deportation order may be detained for a period not exceeding 30 days, with the possibility of renewal, if necessary, particularly for individuals facing challenges that hinder their departure from the country.

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Additionally, one article mandates that the breadwinner or employer is responsible for covering the costs associated with the deportation or removal of a foreigner from Kuwait. Anyone who employs, houses, or harbors a foreigner is also liable for all expenses related to their deportation or expulsion.

Chapter six delineates penalties for breaches of this law.

One of the articles indicates that the Public Prosecution holds exclusive authority to investigate, take action, and prosecute offenses arising from residence trafficking.

Another article within this chapter outlines the circumstances under which reconciliation with the accused may occur if they breach certain provisions of this law or the associated regulations and decisions, as well as the criteria for such reconciliation.

Chapter seven addresses General Provisions.

An article within this chapter delineates the individuals exempt from this law, including heads of State and their families, heads and staff of diplomatic missions and their families, provided there is reciprocity, holders of diplomatic and political passports, also contingent on reciprocity, and those whom the Minister of Interior considers exceptions with special permission for reasons related to international courtesies.

Article (34) states that the regulations and executive decisions enacted under Amiri Decree No. 17 of 1959 shall remain in effect until the Minister of Interior issues the necessary regulations and decisions for its implementation within six months of its publication in the Official Gazette.

Article (35) addresses the annulment of the aforementioned Amiri Decree No. 17 of 1959, along with any provisions that contradict this law.

Article (36) requires the ministers, in their individual capacities, to enforce this law and to ensure its publication in the Official Gazette.