Title

Kuwait: Amiri Decree No. 17 of 1959 issuing the Aliens Residence Law

Date of adoption

1959

Last amended by: Law No. 6 of 2011

Entry into force

In effect

Text versions

Arabic

Source:

– Legal Information Network of the Gulf Cooperation Council, accessed: 9 May 2013

Abstract

Every foreigner wishing to reside in Kuwait must obtain a residence permit from the Head of the Police & Public Security Department.

A Kuwaiti woman may obtain a residence permit for her foreign husband and children so long as they are not employed by a public or private entity. The Kuwaiti woman must not have acquired the Kuwaiti nationality through marriage to a Kuwaiti national.

A non-Kuwaiti woman who is the widower of a Kuwaiti national may also obtain a residence permit (Art. 9)

If a foreign national enters Kuwait for the purpose of a visit (and not residence) then he may remain in the country for one month without obtaining a residence permit. Should he overstay, he may be sentenced to one week imprisonment and/or paying a fine (Art. 10).

A foreign national may be granted temporary residence for a period of 3 months after which s/he must leave Kuwait unless renewal is granted by the Ministry of Interior for a period not exceeding one year (Art. 11).

A foreign national may obtain a regular residence permit for a period that does not exceed 5 years as long as his passport is valid for the length of that period.  Once the permit expires, s/he must leave the country, unless a request to renew the permit was submitted one month before its expiry.  If the request is denied then s/he must leave within one week of being notified of the denial if the permit has already expired (Art. 12).

Art. 12 (repeated) prohibits providing residence to or employing a foreign national whose residence in Kuwait is illegal. It also prohibits employing a foreign national sponsored by another employer for the duration of his contract.

An expatriate who is employed by the Kuwaiti government employee is granted an ordinary residence permit visa for the duration of his employment on the condition he has a valid passport.

If the validity of his permit expires, the expatriate must depart Kuwait within a period of time determined by the Ministry of Interior which must not be less than one week and not exceeding 3 months from when his service ended and his dues were paid (Art. 15).

The sponsor of a foreign national mentioned in articles 10, 11, and 12 must notify the Immigration Authority of the district in which the foreigner has resided of the end of his visit, or temporary or regular residence within one week.

Should the sponsor wish to renew the residence, he must initiate the proper legal procedures one month prior to the expiry of the residence (Art. 15 Repeated).

Art. 16 -22 cover the deportation of foreign nationals.

The Head of the Police & Public Security Departments may issue a written deportation order for any expatriate even if s/he holds a valid residence permit in any of the following situations (Art. 16):

1. If a judgment was issued from court for the deportation of the expatriate.
2. If the expatriate has no means of living.
3. Deportation can be issued in cases of violation of public order, public security or public morality.

An expatriate who has been deported may not return to Kuwait unless special permission is obtained from the office of the Minister of Interior in Kuwait (Art. 19).

Art. 24 (twice repeated) covers the various penalties for violating specific articles of this law.