Major Reforms in Kuwait’s New Residency Law, Including Severe Penalties for Violators

Kuwait Approves Stringent New Residency Law with Severe Penalties for Violations

On November 12, 2024, Kuwait’s Council of Ministers approved a new draft law regulating the residency of foreign nationals in the country. The law introduces stringent measures aimed at combating residency trafficking and other violations, imposing heavy penalties including prison terms of up to five years and fines of up to 10,000 Kuwaiti dinars.

The proposed legislation, which includes 7 chapters and 36 articles, sets out detailed provisions for the entry, residency, and regulation of foreign nationals in Kuwait. Below are the key provisions and penalties outlined in the law.

Key Provisions of the Law

Chapter 1: Entry of Foreign Nationals

• Article 1: Foreign nationals must possess a valid passport or equivalent travel document to enter Kuwait. GCC nationals may enter using their ID cards.
• Article 2: The Minister of Interior will define visa types and procedures.
• Article 3: Citizens of some countries may be exempt from visa requirements based on reciprocity.
• Article 4: Entry and exit must occur through designated locations and follow established procedures.
• Article 5: Transportation providers (airlines, ship captains, bus drivers) must provide passenger and crew lists and report individuals without valid documents.

Chapter 2: Foreign Residency Requirements

• Article 6: Parents of children born in Kuwait must submit their child’s travel document to the Ministry of Interior within 4 months for residency approval.
• Article 7: Foreign residents must present their passports upon request and report any lost or damaged documents within two weeks.
• Article 8: Hotel and residence managers must notify the Ministry of Interior about the arrival and departure of foreign guests within 24 hours.

Chapter 3: Residency Permits

• Article 9: Foreign nationals must obtain a residency permit from the Ministry of Interior to reside in Kuwait.
• Article 10: Kuwaiti citizens can sponsor residency for their foreign spouses and children. Kuwaiti women, except those who acquired citizenship by marriage, can sponsor foreign husbands and children. Widows or divorcees with children from Kuwaiti men are also entitled to residency.
• Article 11: Visitors can stay up to 3 months without a residency permit, after which they must apply for residency.
• Article 12: Temporary residency of up to 3 months may be granted, renewable for up to one year. For longer stays, a regular residency permit is required.
• Article 13: Regular residency permits may be granted for up to five years, with some groups (such as children of Kuwaiti women, property owners, and investors) eligible for up to ten or 15 years. Passports must remain valid during the residency period.
• Article 14: Domestic workers are eligible for residency based on the duration of their contracts, with employers responsible for informing the Ministry of Interior of any changes in employment.
• Article 15: Employees in both government and private sectors may be granted residency based on their employer’s request.

Chapter 4: Residency Trafficking and Violations

• Article 18: Engaging in residency trafficking (such as issuing or renewing visas or permits in exchange for money or benefits) is strictly prohibited.
• Article 19: Employers cannot assign foreign workers to tasks other than those specified in their contracts or facilitate unauthorized employment.
• Article 20-25: The law includes provisions for the deportation of foreigners, including family members, for violations such as lack of income, illegal employment, or reasons of public interest.

Chapter 5: Deportation and Exit Regulations

• Article 20: The Minister of Interior may deport a foreigner if they lack legitimate income, violate residency laws, or for public security reasons.
• Article 21: Family members financially dependent on a deported individual may also be deported.
• Article 22-24: Deportation may be accompanied by detention for up to 30 days, and employers must cover the costs of deportation. The Ministry may waive fines if the deported person leaves the country promptly.

Chapter 6: Penalties for Violations

• Article 27: Penalties for various violations include fines, imprisonment, or both. Specific penalties apply for failing to comply with residency procedures, including fines ranging from 200 to 10,000 dinars, and imprisonment of up to five years.
• Article 28: Those involved in residency trafficking face imprisonment of 3 to 5 years, a fine of 5,000 to 10,000 dinars, or both. Penalties are doubled for repeat offenders and public employees.
• Article 29: Legal entities found guilty of residency trafficking will face fines and may have their business licenses revoked.

Chapter 7: General Provisions

• Article 32: Certain individuals, including heads of state, diplomats, and their families, are exempt from the provisions of the law.
• Article 33: The law does not override international agreements related to residency.
• Article 34: The law will be enforced within six months after its publication in the Official Gazette.

Summary of Key Prohibitions and Penalties

1. Residency trafficking: Imprisonment for 3-5 years and fines of up to 10,000 dinars.
2. Unauthorized employment: Penalties for employers hiring foreign workers for tasks outside their approved employment or withholding wages.
3. Illegal sheltering: Housing or employing a foreigner without valid residency or allowing an expired residency.

This new residency law aims to regulate the foreign workforce more strictly, eliminate residency trafficking, and ensure that all foreign nationals residing in Kuwait follow proper legal procedures. Severe penalties, including imprisonment and fines, will be enforced for violations, with the Ministry of Interior given broad authority to ensure compliance.