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IMPACT – MEDIUM
What is the change? Kuwait has increased the minimum salary required for foreign nationals to sponsor their family members.
What does the change mean? A foreign worker must earn at least 450 dinars (about US$1,485) per month to sponsor their spouse and children. Additionally, the salary must derive solely from the job for which the residency visa was issued.
BAL Analysis: The increase is aimed at limiting the number of foreigners in Kuwait, who make up about nearly 70 percent of the population. Employers should note that the policy will affect a greater number of foreign employees at the lower end of the salary scale.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com
When traveling to Kuwait, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if work authorization will be required. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Kuwait, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Foreign nationals traveling to Kuwait to engage in business activities are generally required to obtain a Commercial Visit Visa, also known as a Business Visitor Visa, from a Kuwaiti Embassy or Consulate prior to travel.
Nationals of select countries may be eligible for a Visa on Arrival (also called Article 14-Visa or Visa-14) for business purposes. Additionally, some nationals may be eligible to obtain an e-Visa online prior to departure.
Nationals of Gulf Cooperation Council (GCC) member states are eligible for a visa waiver and are not required to obtain a Commercial Visit Visa to engage in business activities in Kuwait. Please consult with your immigration counsel before traveling to determine eligibility for a Commercial Visit Visa, e-Visa or visa waiver.
Foreign nationals may generally be permitted to engage in short-term technical activities and other hands-on work, such as systems installation and repairs, with a valid Commercial Visit Visa. Additionally, U.S. nationals intending to perform short-term technical activities on a military base may be eligible to obtain an e-Visa or Visa on Arrival. Please consult with your immigration provider before traveling to confirm eligibility for a short-term work authorization exemption.
Requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Kuwait. All foreign nationals intending to engage in work activities must obtain a Work Visa and Civil ID card.
Nationals from GCC member states are not required to obtain work authorization to work in Kuwait. However, registrations or other formalities may be required for these nationals to work and or reside in Kuwait.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? The United Kingdom has launched an electronic visa waiver for Kuwaiti business travelers and tourists.
What does the change mean? Kuwaiti nationals may apply online for a visa waiver without needing to appear at a visa application center. The waiver allows a visit to the U.K. of up to six months.
Background: The EVW was piloted for Kuwaiti nationals last year and has now been fully introduced. Applicants must submit an online application at the EVW service website and supply their passport information, a U.K. address where they will be staying, and departure and arrival details. They will not need to make a full visa application, nor give biometrics at a visa application center. An additional government processing fee of £15 will be introduced later in the year. According to the U.K. Immigration Minister, visitors from Kuwait topped 100,000 last year.
BAL Analysis: The online application and visa waiver eliminates the need to appear in person to apply for a visa and give biometrics, greatly easing business travel for Kuwaiti nationals.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The Kuwaiti government has put in place a rule that requires companies sponsoring foreign nationals on work permits to register with the country’s Wage Protection System and pay expatriate workers through local banks.
What does the change mean? Companies that have not already registered with the WPS should do so as soon as possible. Companies that are not registered may be barred from sponsoring foreign nationals.
Background: Kuwait’s Wage Protection System took effect Nov. 29 and requires employers to pay employees through an authorized bank that is monitored by the Kuwaiti government, thereby ensuring that employers do not flout wage laws.
BAL Analysis: Companies should make sure they are registered with the system and in compliance with wage payment through a Kuwaiti bank account. Employers that are not in compliance may be prohibited from filing work permit applications.
This alert has been provided by the BAL Global Practice group and our network provider located in Kuwait. For additional information, please contact your BAL attorney.
What is the change? Kuwait has reduced the validity period for both visit visas and visas-on-arrival from 90 days to 30.
What does the change mean? Foreign nationals traveling to Kuwait on either type of visa will be permitted to stay in the country for a maximum of 30 days. Visit visas will be canceled if the holder does not enter Kuwait within 30 days of their issuance. Travelers who obtain visas-on-arrival will have to exit the country within 30 days and wait at least 72 hours before applying for a new visa.
Background: Kuwait’s director of residency affairs reduced the visa validity period and implemented the changes earlier this month.
BAL Analysis: The reduction of the validity period for visit visas and visas-on-arrival will make stays of more than 30 days in Kuwait more difficult. The information is new and may not have reached all Kuwaiti embassies and consulates abroad. Visa holders should nonetheless take note of the new rules to avoid the risk of having their visas canceled or facing penalties.
What is the change? Employers are now required to make a deposit of 250 Kuwaiti dinars (about US$825) before applications for work permits can be filed.
What does the change mean? Employers must make the deposit, obtain a letter of guarantee from a bank, and bring the letter of guarantee, along with supporting documents, to the Ministry of Social Affairs and Labor before filing work permit applications.
Background: The deposit requirement is designed to keep employers accountable for the foreign employees they bring to Kuwait. It is not the only measure Kuwait is taking to keep employers accountable. The Manpower and Government Restructuring Program is also stepping up efforts to verify employee contracts, ensure that contractors are giving actual work tasks to Kuwaiti employees, and check that employees are actually at their work places during work hours.
BAL Analysis: The KD 250 deposit requirement adds a significant cost to employers recruiting foreign workers. Employers should take note of the change; applications will not be approved if the deposit has not been made.