Amiri Decree 114/2024, regarding the residency of foreigners, was issued on Thursday, containing 36 articles divided into seven chapters. The previous decree, 17/1959, had been in effect for six decades and required reforms to address gaps in the law and current legislative challenges.
The first chapter covers the entry of foreigners into Kuwait, specifying that they must have a valid passport or travel document from their home country. However, GCC citizens are exempt from this requirement and can enter using personal identification cards, in accordance with regulations and agreements with their home countries. Foreigners must enter and exit Kuwait through designated ports specified by the Ministry of Interior.
Chapter two deals with notifying the authorities about foreigners born in Kuwait. It states that residents must submit their passport or travel documents within four months of birth to obtain residency papers or a leave deadline.
Chapter three addresses residency regulations, stating that foreign residents must obtain residency permits from the Ministry of Interior. It also allows Kuwaitis to request residency for their non-Kuwaiti spouses and children. However, if a Kuwaiti woman has obtained citizenship through a previous marriage to a Kuwaiti national, she will not be granted residency. Non-Kuwaiti women who were previously married to Kuwaiti citizens can request residency if they have children with a Kuwaiti national. Foreigners holding a visit visa must leave the country within three months unless they have obtained a residency permit.
An article in the new decree stipulates that employers must inform the Ministry of Interior if domestic workers are absent for more than two weeks. The transfer of domestic workers’ residency is also addressed, and if a domestic worker leaves the country and stays outside for over four months without prior approval, their residency permit will be annulled.
The chapter also includes regular foreign residency, which is limited to five years. However, a ten-year permit can be granted to children of Kuwaiti female nationals, real estate owners, or other categories specified by the Ministry of Interior.
Chapter four introduces penalties for residency trafficking and related crimes, which are strongly prohibited by the State of Kuwait, with strict penalties for offenders.
Chapter five outlines the rules for deporting and evicting foreigners. The Minister of Interior has the authority to deport any foreigner, even if they have a valid residency permit, in certain cases outlined in the law. Foreigners who have been issued a deportation order may be detained for up to 30 days, with the option for renewal if necessary. Employers or sponsors are responsible for the expenses of deporting or removing foreigners from Kuwait.
Chapter six details penalties for violations of the law. The Public Prosecution has exclusive authority to investigate and prosecute residency trafficking crimes. The chapter also outlines the possibility of reconciliation for individuals who violate certain provisions of the law.
Chapter seven covers general provisions, including exemptions for heads of state, diplomats, and their families, as well as other individuals deemed exempt by the Minister of Interior. The regulations and executive decisions under Amiri Decree 17/1959 will remain in effect until the Minister of Interior issues new regulations within six months. The law repeals Amiri Decree 17/1959 and any conflicting provisions.
Article 36 mandates that the ministers implement the law and ensure its publication in the Official Gazette. (KUNA)