KPA organizes marine display

Navy, Coast Guard, Rescue units participateKUWAIT CITY, Feb 26: Kuwait Ports Author-ity (KPA) celebrated the 56th National Day and 26th Liberation Day by organizing a marine dis-play at Shuwaikh Port.

In a press statement, Director for Operations Captain Bader Al-Enezi disclosed the marine display was held with the participation of the Navy, Coast Guard and Rescue units, showcas-ing quadrilateral and circular hydraulic fi gures

with the use of water sprinklers in addition to whistles and fl ags of Kuwait expressing great joy.

Meanwhile, the Medical Emergency Team conducted 400 fi rst aid and rescue operations during the national holidays, 370 people were treated at fi eld clinics and 26 were taken to hos-pitals including six who fi gured in road acci-dents, 19 suffering from various illnesses, minor

injuries and one case of fi ghting.Ambulance Services Supervisor in the Medi-

cal Emergency Department Jassim Al-Foudari disclosed they set up two main clinics along Gulf Road and fi rst aid points from Messila Bridge to Shuwaikh Port in addition to the main clinic in Bneid Al-Gar and other clinics in Nuwaiseeb, Khairan,Wafra, Kabad, Failaka Island, Julaia, and Abdaly.

LOCAL ARAB TIMES, MONDAY, FEBRUARY 27, 2017

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Photos by Mahmoud Jadeed and Mohammad MorseAbove: some photos from the celebrations.

National Dayslegal clinicPRO BONO LEGAL ADVICE

Hi there I am a bit confused of your advices to some people in regards of transferring their wives’ residence. I am attaching a copy of those answers which I have taken from the web. Kindly advise.

My wife is currently staying in Kuwait on her dad’s residence. Now she is pregnant and I want to transfer her residence to my spon-sorship ... is it possible with a KD 300 salary on the work permit. Also what about my baby’s residence after the birth.

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Answer: You should know that women are not allowed to be spon-sored by their fathers as dependents once they are married. They can only be sponsored by their husbands. But now it is going to be very difficult, if not impossible, to sponsor your wife or your child because you don’t meet the salary condition of earning at least KD 450 a month.

This was reply to our mail:The concerned minister, while an-

nouncing the KD 450 salary cap, clearly said that the decision would not affect those expatriates who were already in the country before the deci-sion was announced nor would it affect those expatriates whose residencies are to be renewed.

Name withheldAnswer: There is no contradiction in

the two answers given. The minister’s clarification that the decision would not affect those expatriates who were al-ready in the country before the decision was announced, was not a blanket inclu-sion of all expats who were in Kuwait at that time, but only referred to those who had already sponsored their families on salaries that were below the new cap. In your case, I presume you were in Kuwait before the new rule came into effect, but because you did not take the advantage to transfer your wife’s iqama to yours when the salary cap was below KD 450 per month, it is now ‘going to be very difficult, if not impossible, to sponsor your wife or your child because you don’t meet the salary condition as we earlier pointed out. Indeed your wife’s continuous sponsorship by her father is not permitted by Kuwait law.

My friend has resigned but his boss has not accepted his resigna-tion and local transfer. He is working for more than 9 years with that com-pany and is an email conversation considered as a proof of submission of a person’s resignation submission ... how can he get a release?

Name withheldAnswer: Your friend’s boss has no

legal basis not to accept his resignation especially if he submitted an official resignation letter in which he gave the three-month mandatory notice period and served it. If your friend’s boss continues being stubborn, he could file a case against the company with the Ministry of Social Affairs and Labour through the labour office in your area. As regards the email conversation it could be part of the statement that you will be required to make at the labour office. This could strengthen your case against the company.

I read your legal clinic everyday and thank you for all queries answered. I am one of the thou-sands wondering and seeking for help. Here is my question: My hus-band has been working in Kuwait almost 13 years until now. Me and my 10-year-old daughter were on his sponsorship 5 years ago when we decided to go back to the Philippines. We plan to return to Kuwait on dependent visas again. My hus-band’s salary is KD 660/month as per his work permit. The question is do we need to undergo again some kind of medical procedure (ie X-ray, finger printing, etc) even we had previous file and what are the docu-ments and steps required.

Thank you and more blessing.

Name withheldAnswer: Since you and your daugh-

ter will be coming in on new depen-dent visas you will have to do every-thing afresh. The following documents will be needed to process your resi-dence permit:

1. Passport copies of husband, wife and daughter

2. Civil ID of your husband3. An affidavit attested by your em-

bassy and Kuwait Ministry of Foreign Affairs confirming the relation be-tween the daughter, the applicant and the persons for whom the visas were required.

4. Husband’s rental contract5. Husband’s work permit showing

a salary of at least KD 450Attach all the above documents to

an application and submit the same to the Immigration Department in your area which will be processed on the same day.

In addition you have to undergo new medical tests and fingerprinting.

Initially I got my divining license in 21/9/2014 with the job title of driver but then I got a job in differ-ent company which changed my job title to sales manager with a salary of KD 1,000 on 22/12/2014.

When I went to renew my license on 21/9/2015 they informed me that I can’t renew it because of the job title change and that I have to wait for 2 years.

Later I joined another company

and my job title was changed to driver again 22/12/2015 but I had not applied for the license based on this driver title.

Again while renewing the resi-dence the company changed my job title to teacher with a salary of KD 450 but still I am not able to apply for a new license and the Traffic Department is not giving the exact reason.

I want to know from which date is the 2 years calculated.

Name withheldAnswer: The two years are cal-

culated from the date when the first license is cancelled. Here we can’t tell you the exact date because you have not told us on which date your license was cancelled.

Secondly, you will not be able to apply for another license because you now don’t meet the salary con-dition of earning at least KD 600 per month.

I resigned from my previous company after working for 3 years and 2 months to be exact. I resigned in June this year.

I just want to know if it’s possible to get any indemnity?. Now I am having a issue regarding my visa because they told me I have been fined or I have been blocked by my previous company.

Until now my visa has still not transferred to my new company but it is their fault because 3 months ago I submitted all the needed documents from my side. I also gave them the release letter from my new company to sign but they gave it back after 2 months.

And then after that I gave the letter to my new company but the company informed me that I have to get another transfer paper signed from my previous company because it’s a new format from the concerned ministry.

Name withheldAnswer: First of all, you are en-

titled to half the indemnity because you worked for over three years but less than five years. It doesn’t mat-ter even it is exactly three years, al-though you have worked two months over this mark.

On the issue of transfer of resi-dence, you have got to check with the Ministry of Social Affairs & La-bor. Secondly, if you have not sub-mitted the updated transfer letter that must be the reason for the delay.

You must hurry things up because you will be fined KD 2 per day from the day your residence expired.

I am working in a reputed com-pany in the Oil & Gas sector but for some time now the company is not paying our salaries on time (6 months salary in balance) and employees are resigning.

My question is that I have resigned as I have got a good offer but I don’t want to serve the notice period. The company is not agree-ing to release me without serving the notice period.

Can I approach the labor depart-ment and inform them about the company condition and the reason for not serving the notice period?

Is it possible to get the release without serving the notice period in such cases?

Name withheldAnswer: The company will not

give you the release without comple-tion of the notice period and it has the right to do so although it is on the wrong side of the law if you see the wider picture.

If you have not received your sala-ries for six months, then you should file a complaint with the Ministry of Social Affairs & Labor, which will not only get you your salaries but also sanction your transfer.

I just want to ask about visas for babies born here in Kuwait. Both my wife and I have work permits (visa Article 18). Her salary is KD 500 and mine KD 250. Will we have problems in getting a visa for our newborn baby?

Name withheldAnswer: According to the latest

decision it doesn’t matter what your wife is earning because you can no longer combine the salaries of hus-band and wife. And only the father can sponsor his children.

In such a case, you will face prob-lems in getting the residence for your daughter because you are earning less than the KD 450 required to get residence for your dependents.

You still have a chance because the Director General of Immigra-tion has the authority to study and if needed approve applications of those expatriates who are earning less than KD450, especially if both the parents are already in Kuwait or if the baby is born in Kuwait. Things are in your favor because both you and your wife are working in Kuwait.

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The Arab Times invites questions on all aspects of Kuwaiti law. If you face a problem, or need specific advice on any legal matter, from commercial and investment law to divorce and labour, send questions to the Managing Editor, Arab Times, P.O. Box 2270, 13023 Safat, Kuwait, or Fax to 24818267. E-mail: arabtimes@arabtimesonline.com

Residence

Resignation

Dependent visa

Driving License

Transfer problems

Residence for baby

Notice period