Article 18 of the Residency Law in Kuwait pertains to the conditions and provisions for expatriates working in the private sector. This article has recently undergone several important amendments. In this article, we will explore the details of Article 18, along with other residency regulations in Kuwait, the recent updates to this article, and other relevant discussions.
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What are the Residency Categories in Kuwait?
Kuwait has various types of residency permits for expatriates, each of which is governed by a specific article. These articles outline the procedures and legal framework for each type of residency:
- Article 17: Concerns residency for workers in the public sector, defining the conditions and procedures for employees in government institutions.
- Article 18: Relates to work residency in the private sector, specifically dealing with labor contracts and the recruitment of workers.
- Article 19: Defines the conditions for a “self-sponsorship” permit, granted to business owners or private-sector workers who do not need a sponsor.
- Article 20: Concerns residency for domestic workers, specifying their rights, duties, and recruitment conditions.
- Article 21: Relates to student residency, issued to foreign students studying in educational institutions in Kuwait.
- Article 22: Covers residency for dependents, such as spouses and children of residents.
- Article 23: Specifies temporary residency permits for purposes such as tourism or medical treatment.
What is Article 17 of the Kuwaiti Residency Law?
Article 17 pertains to residency for expatriates working in the government sector, also known as Government Residency 17. To apply for this type of residency for the first time, the following documents are required:
- A government residency form approved by the relevant government institution requesting the residency for the expatriate.
- A document from the government entity specifying the duration of the requested residency.
- Two passport-sized photos (4×6) with a blue background.
- A work visa for the expatriate sponsored by the government institution.
- Original and copy of the expatriate’s passport.
- A health insurance registration certificate and a medical examination report from the relevant authority.
- A criminal record certificate for the expatriate, proving they have no legal penalties.
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Article 18 of the Kuwaiti Residency Law
Article 18 of the Kuwaiti Residency Law pertains to expatriate workers in the private sector. It is one of the most frequently requested residency types. Recently, several key amendments have been introduced to this article.
It is possible to convert the residency under Article 18 to other types of residencies, such as Government Residency 17 or Dependent Residency. To apply for this residency for the first time, the following documents are required:
- A work residency application form approved by the local sponsor.
- Original work visa for the expatriate.
- A health certificate confirming the expatriate is free from any diseases.
- A criminal record certificate valid for three months, authenticated by the expatriate’s home country’s foreign ministry and the Kuwaiti embassy in that country.
- Two passport-sized photos.
- Original and copy of the expatriate’s passport.
- A health insurance certificate.
- A work permit approved by the Kuwaiti Ministry of Social Affairs.
- A copy of the sponsor’s signature approval.
Article 18 in the Labor System
Article 18 of Kuwait’s Labor Law deals with work permits and the transfer of residency for expatriate workers. It states that workers can transfer their residency from one sponsor to another, provided that the current sponsor and the relevant authorities approve the transfer, according to the rules set by the Ministry of Interior.
Conditions for Converting Residency under Article 18
Kuwait’s residency law outlines specific conditions for converting Residency under Article 18 to other types, such as Family Residency or Government Residency (Article 17). Key conditions include:
- The conversion of residency for expatriates born in Kuwait, and their families up to the second degree.
- Workers in first-degree health professions, with approval from the Ministry of Health.
- Skilled workers qualified for the education sector.
- For converting Article 18 to Government Residency (Article 17), the initial sponsor must waive their sponsorship, and the relevant government authority must approve the transfer.
Converting Article 18 Residency Online in Kuwait
Residency conversions under Article 18 (Private Sector) can be done through the Ministry of Interior’s online portal. Applicants must log in to the website, follow the specific procedures for the conversion, and submit the necessary electronic applications and documents.
- Converting from Article 18 to Article 19: To transfer from private sector residency (Article 18) to Residency 19 (for investors and commercial partners), a business partnership contract or commercial registration certified by the Ministry of Commerce is required. Approval from both the Ministry of Interior and the Ministry of Social Affairs and Labor is necessary.
- Converting from Article 18 to Article 20: Article 20 is designated for domestic workers. Conversion from the private sector (Article 18) to domestic work (Article 20) is not generally allowed unless in exceptional cases.
- Converting from Article 20 to 18 after one year: Domestic workers (Article 20) may convert to private sector residency (Article 18) after one year, provided they receive approval from the Ministry of Social Affairs and Labor and present a new work contract in the private sector.
- Converting from Article 20 to 18: For a conversion from domestic work (Article 20) to private sector work (Article 18), a new work contract must be provided, and the requirements of the Ministry of Social Affairs and Labor must be met.
Residency Law in Kuwait Article 19
Residency under Article 19 is granted to self-employed individuals and artisans. To apply for this residency for the first time, the following documents are required:
- A request form approved by the local sponsor or authorized representative.
- Two passport-sized photos (4×6).
- A work permit issued by the Kuwait Public Authority for Manpower for Article 19 residency.
- A certified copy of the company’s establishment contract from the Ministry of Commerce and Industry in Kuwait.
- A health certificate.
- A copy of the sponsor’s signature authorization.
- Original passport of the expatriate.
Residency Law in Kuwait Article 20
This residency applies to domestic workers and similar professions. To issue this residency, the following documents are required:
- Original and copy of the sponsor’s civil ID card.
- A certified health certificate confirming no diseases.
- Health insurance certificate.
- Original passport of the domestic worker.
- An application form for Article 20 residency approved by the sponsor.
- An initial work visa for the worker.
- A certificate of good conduct for the worker, authenticated by the Ministry of Foreign Affairs of the home country and the Kuwaiti embassy.
- Two passport-sized photos (4×6).
- A valid criminal record for three months, showing no legal penalties.
Residency Law in Kuwait Article 22
This residency applies to dependents (family members) of residents in Kuwait, including those linked to Article 18 as long as the legal requirements are met. To apply for this residency for the first time, the following documents are required:
- A copy of the marriage certificate for the wife.
- An application form for Article 22 residency approved by the sponsor of the expatriate.
- Original entry visa to Kuwait for the family member.
- Two passport-sized photos (4×6).
- A health certificate.
- Health insurance.
- Original passport of the dependent.
- A copy of the sponsor’s civil ID card.
- A criminal record certificate for dependents over 18, authenticated by the Ministry of Foreign Affairs of the home country and the Kuwaiti embassy.
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Permanent Residency Law in Kuwait
How can you become a resident in Kuwait? According to recent amendments to the permanent residency law, there is no longer a permanent residency status for expatriates, regardless of the length of their stay for work purposes. The maximum period for expatriates to work in Kuwait is now five years, extending to about 15 years for investors. This change aims to address the demographic imbalance caused by a significant number of expatriates exceeding the local population.
The recent amendments also set a new rule for revoking the Article 18 residency of workers in the private sector if the worker has been outside Kuwait for six months or more. The Kuwaiti Ministry of Interior announced that starting from May 1, 2022, it will begin the electronic revocation of the residency permits of expatriates under Article 18 who have been outside the country for over six months. This is considered a violation of the residency laws in Kuwait.
Steps to Convert Residency from Government to Private Sector in Kuwait
- Obtain approval from the government entity: Ensure you have written approval from your current government employer.
- Submit a conversion request: Submit an official request to the Residency Affairs Department at the Ministry of Interior.
- Obtain a job offer from the private sector: Secure a new employment contract from a private-sector company.
- Required documents:
- Passport (copy).
- Civil ID (copy).
- Government entity approval.
- New employment contract.
- Payment of conversion fees.
- Security clearance may be required.
- Wait for final approval.
Before proceeding, ensure the private-sector company is authorized to hire new employees and confirm all obligations with your current government employer are complete.
This comprehensive overview provides an understanding of Kuwait’s residency system and the regulations governing expatriates in the country, including recent changes and the processes for transferring residency types.
[sc_fs_faq html=”true” headline=”h3″ img=”” question=”What are the types of Kuwaiti nationalities?” img_alt=”” css_class=””] Nationalities in Kuwait are classified into three main categories according to the Kuwaiti Nationality Law: Kuwaitis by origin: These are individuals who lived in Kuwait before 1920 and obtained citizenship when the state was established after its independence in 1961. Kuwaitis by naturalization: These are individuals who obtained Kuwaiti citizenship by royal decree, based on certain conditions such as long-term residence or exceptional service to the state. Kuwaitis by descent: This category includes the children of naturalized Kuwaitis or Kuwaitis by origin, as well as the wives of Kuwaiti citizens who can obtain citizenship after a period of marriage, under certain conditions. [/sc_fs_faq]
[sc_fs_faq html=”true” headline=”h3″ img=”” question=”How to transfer a government contract to the private sector in Kuwait?” img_alt=”” css_class=””] Transferring residency from a government contract (Article 17) to the private sector (Article 18) in Kuwait involves a series of procedures and approvals from various government authorities. This transfer is required when an employee moves from working in a government institution to a company or establishment in the private sector. Here are the general steps and procedures required: [/sc_fs_faq]
[sc_fs_faq html=”true” headline=”h3″ img=”” question=”What are the fees for transferring residency under Article 18?” img_alt=”” css_class=””] The residency transfer fees in Kuwait under Article 18 are 400 Kuwaiti Dinars. [/sc_fs_faq]
