On November 28, 2024, Kuwait’s Amir issued Decree No. 114/2024, introducing a modernized Residency Law for Foreigners. The law, consisting of 36 articles across seven chapters, replaces the outdated legislation from 1959. It aims to address current challenges, regulate residency practices, and attract investment while ensuring national security.
Key Provisions of the Residency Law:
1. Entry and Exit Requirements:
Article 1: Foreigners must possess a valid passport or equivalent travel document issued by their country of origin to enter or exit Kuwait. Citizens of GCC countries may enter with personal ID cards.
Article 2: The Ministry of Interior determines the types of entry visas and the procedures for obtaining them.
Article 3: Citizens of certain countries may be exempt from entry visas based on reciprocity agreements.
Article 4: Entry and exit must occur through designated ports, following procedures set by the Ministry.
Article 5: Transport operators, such as airline captains and shipmasters, must provide passenger lists and report any unauthorized passengers to the authorities.
2. Notification Requirements:
Article 6: Births within Kuwait must be reported to authorities within four months. Newborns must obtain residency permits or leave the country.
Article 7: Foreigners must report lost or damaged passports within two weeks.
Article 8: Hotels and furnished apartments must inform authorities about foreign guests within 48 hours of their arrival or departure.
3. Residency Permits:
Article 9: Foreigners intending to reside in Kuwait must obtain a residency permit from the Ministry of Interior.
Article 10: Kuwaiti women can sponsor their non-Kuwaiti husbands and children for residency, provided they did not acquire Kuwaiti citizenship through marriage.
Article 11: Visitors are allowed to stay for a maximum of three months under a visit visa, extendable only through a residency permit.
Article 12: Temporary residency permits, lasting up to three months and renewable for one year, are available under specific conditions.
Article 13: Regular residency permits are capped at five years. However:
Children of Kuwaiti Women are eligible for permits up to 10 years.
Property Owners can receive permits of up to 10 years.
Investors are eligible for permits of up to 15 years.
Importantly, Article 13 introduces residency rights for property owners, signaling a potential shift in Kuwait's policies. Although foreigners are currently prohibited from owning property in Kuwait, this provision suggests that reforms may be underway to allow foreign ownership in the future. Such a change would align with efforts to attract foreign investment and stimulate economic development.
Article 14: Domestic workers receive residency permits matching their employment contracts. Upon contract termination, residency is canceled, requiring departure within a specified timeframe.
Article 15: Government employees or private sector workers can obtain residency permits upon employer request.
Article 16: Sponsors must notify authorities if a foreigner overstays their visa or residency.
Article 17: The Ministry of Interior sets fees for residency permits and entry visas. Children of Kuwaiti women are exempt from these fees.
4. Employment and Residency Compliance:
Article 18: Residency trafficking, including exploiting foreigners for financial gain, is strictly prohibited.
Article 19: Foreigners cannot work for employers other than their sponsors, and sponsors cannot misuse their permits for unauthorized purposes.
5. Deportation Rules:
Article 20: The Ministry of Interior can deport foreigners lacking legitimate sources of income or violating the law, following a specified grace period.
Article 21-26: Deportation rules allow foreigners time to complete tasks beneficial to the state and outline conditions for their potential return to Kuwait.
6. Penalties for Violations:
Article 27-28: Violators face penalties including imprisonment, fines, or both for breaches of the residency law. Repeat offenders and public officials involved in residency trafficking may receive harsher punishments.
7. Exemptions and Special Provisions:
Heads of state, diplomats, and their families are exempt from this law.
The Ministry of Interior retains the authority to issue regulations and exceptions as needed.
Special Residency Provisions for Investors and Property Owners
Investors: Eligible for long-term residency permits of up to 15 years, fostering a favorable investment climate.
Property Owners: Entitled to permits lasting up to 10 years, respecting constitutional rights to private property ownership.
Key Highlights for Foreigners:
This law emphasizes transparency, fairness, and security, aiming to balance Kuwait’s national interests with the needs of its foreign residents and investors. The Ministry of Interior is responsible for issuing detailed regulations to facilitate the law's implementation within the next six months.
This comprehensive overhaul is expected to have far-reaching impacts on expatriates, sponsors, and businesses in Kuwait. Compliance with the new residency rules is essential to avoid legal repercussions.