Kuwait Updates Residency Law With New Rules And Regulations

A Brief Overview About New Immigration Law Of Kuwait

The 36 articles that make up the new law's seven chapters went into effect on January 5, 2025, after it was published in the Official Gazette. Unless they are in violation of the new legislation's provisions, executive regulations and decisions made under the prior law will stay in effect. Within six months after the law's publication, the Ministry of Interior is required to release the relevant implementing rules.

While not a total overhaul, the new immigration legislation improves on the previous framework by adding stronger penalties along with several noteworthy provisions, especially for domestic workers, and to curb visa trading.

A brief overview about New Immigration Law of Kuwait

Some Of The Main Provisions Of The New Kuwait Immigration Law

Visa Regulations, Extended Visa Validity, and Notification Periods

The new law's Article 11 allows visitors from other countries to stay in Kuwait for a maximum of three months. Unless they receive residency permission from the Ministry of Interior, they will have to depart the country when their visa expires.

According to Article 6 of the new Kuwait immigration law, a foreigner who has a child born in Kuwait must show the newborn's passport or travel document to the appropriate Ministry of Interior authority within four months of the child's birth to receive a residence permit or deadline for departing the State of Kuwait. In the past, there was a two-month notice period for infant cases. 

In the event that a passport or similar document is lost or damaged, migrants are required by Article 7 of the new immigration legislation to notify the appropriate authorities within two weeks of the incident. In the past, migrants had three days from the time of the incident to notify authorities.

Gender discrimination is still present in the new Kuwait immigration law. Article 10 stipulates that a Kuwaiti woman who did not obtain her citizenship by marriage to a Kuwaiti man may sponsor a residency visa for her foreign spouse and children.

Certain groups, such as children of Kuwaiti nationals, Kuwaiti real estate owners, and others designated by the interior minister, are granted residency permits for a maximum of ten years under Article 13. According to regulations set by the Council of Ministers, investors covered by Law No. 116 of 2013, which regulates the promotion of direct investment, may be eligible for residence permits for a maximum of 15 years.

As per Article 15 of the new law, migrant workers must depart Kuwait within a time frame set by the Ministry of Interior, which cannot be longer than six months from the end of their employment, if their residence permit expires and is not renewed or if they are unable to obtain another residence permit through another organization. 

Employees of government departments are not permitted to obtain residence permits with other employers unless their former employer gives permission. The Ministry of Interior must approve new residence permits for employees of non-governmental organizations. Governmental and non-governmental employers must give the Ministry of Interior two weeks' notice if a migrant worker leaves their job or their service expires.

Some of the main provisions of the New Kuwait Immigration Law

Visa Trading

Visa trafficking is expressly forbidden under Article 18, which also forbids taking advantage of or assisting in the recruitment of foreign nationals under entry permits, residency permits, or their renewal in exchange for cash, advantages, or assurances. This ban covers hiring or rehiring for real, fake, or purported work, as well as directly or indirectly employing foreign nationals without permission or in contravention of Domestic Workers Law or private sector Labor Laws.

Additionally, Article 19 forbids migrants from working for any organization without first obtaining authorization from their former employer or the appropriate authorities. Furthermore, it is strictly prohibited for third parties to shelter or hire migrants whose residency cards have expired or are invalid.