Important amendments to the Foreigner’s Residency Law (Amiri Decree No. 114 of 2024) addressing, amongst other matters, notification of births, notification of loss or damage of passports, notification by sponsors of expiry of residencies, maximum stay period outside Kuwait, extended residencies for foreigners and penalties for visa trading. Amiri Decree No. 114 of 2024 repealed the previous Foreigner’s Residency Law which was originally enacted in 1959.
Key Amendments:
- Notification of births:
The duration within which a birth has to be notified to the authorities and residency obtained for a new born child has been increased from two months to four months.
- Notification of loss or damage of passports:
The duration within which loss or damage of a passport has to be notified to the authorities has been increased from three days to two weeks.
- Hotels and commercial residences:
The obligation of owners of hotels and commercial residences to notify authorities of guests staying in their premises within 24 hours of their arrival or departure has been maintained but supplemented by an obligation to keep records and registers in this regard. Law enforcement officers are also granted the right to inspect such records and registers and seize evidence relating thereto pursuant to an order issued by the Minister of Interior.
- Domestic workers:
The duration which an employer is required to notify authorities upon a domestic worker leaving their employment has been increased from one week to two weeks. The maximum period a domestic worker can remain outside Kuwait has also been increased from 3 months to 4 months.
- Maximum stay periods outside Kuwait:
If a foreigner stays outside Kuwait for a period exceeding 6 months without approval of the Ministry of Interior, their residency expires. Exceptions have been made to this rule to cover children of Kuwaiti women, real estate owners and persons who obtain residency on the basis of investment.
- Extended residency:
A foreigner may be granted residency for a period not exceeding 10 years if he or she is a child of a Kuwaiti woman, owns real estate in the State of Kuwait or falls under categories specified by a resolution issued by the Ministry of Interior. Investors who obtain an investment license under the Foreign Direct Investment Law (Law No. 116 of 2013) may also be granted residency for a period not exceeding 15 years.
- Trading in Visas:
It is prohibited to exploit, facilitate the sponsorship of a foreigner under an entry visa or residence permit in exchange for money or other consideration whether the sponsorship or its renewal is real, fake or alleged, or to employ the foreigner for the sponsor or for others without a license or in violation of employment and immigration laws and regulations.
