Kuwait updates new laws on expat residency

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KUWAIT CITY: The Kuwaiti government has introduced new regulations governing expats residency through a draft decree-law approved on November 12. The law includes comprehensive measures to regulate the entry, stay, and exit of expats, as well as harsh penalties for violations related to residency and employment practices.

Key Regulations:

Reporting Passport Loss or Damage: Expats must notify the Ministry of Interior within two weeks in case of a lost or damaged passport.
Hotel and Accommodation Reporting: Hotels and furnished accommodation providers must report the arrival or departure of foreign guests within 24 hours.
Visit Duration: Expats visiting Kuwait can stay for a maximum of three months unless granted an extension or residency permit.
Residency Duration: Temporary residency permits are limited to three months but can be extended up to one year.
Regular residency is capped at five years, with exceptions of up to 10 years for children of Kuwaiti women and property owners, and 15 years for investors.
Domestic Workers: Domestic workers cannot remain outside Kuwait for more than four months without prior permission from the Ministry of Interior.
Notification by Sponsors: Sponsors are required to inform the Ministry if a foreigner’s visa expires or if the foreigner overstays.

Penalties for Violations:

Failure to Report: Fines of up to 2,000 Kuwaiti dinars for failing to comply with reporting requirements.
Hotel and Transport Violations: Fines up to 400 dinars for hotel managers and transport operators who fail to adhere to regulations.
Residency and Visit Violations:
- Up to one-year imprisonment and fines of up to 1,200 dinars for residency violations.
- Fines of up to 2,000 dinars for visit-related violations.
Illegal Entry: Punishable by up to three years imprisonment and fines up to 3,000 dinars.
Employment Misconduct:
- Up to two years imprisonment and fines of up to 10,000 dinars for employing foreigners unlawfully or failing to pay dues.
- Residency trafficking carries a penalty of up to five years imprisonment and fines of up to 10,000 dinars.

Regulations on Visit Visa and Residence Permits:

Expats must possess valid travel documents and enter through designated checkpoints.
Expats must carry valid residency permits and may not remain outside Kuwait for more than six months without prior approval.
Sponsors are responsible for reporting any visa or residency violations.
Unauthorized employment of expats or permitting them to work for others without proper licensing is prohibited.

Prohibitions and Specific Penalties:

Residency Trafficking:
The exploitation of the residency system is punishable by:
- Three years imprisonment and a fine of 10,000 dinars.
- Doubling of penalties for repeat offenses or public officials involved in such activities.
Illegal Employment and Harboring: Sheltering or employing expats without valid residency or work permits is strictly prohibited.
Public Officials: Enhanced penalties apply for violations involving officials acting within their official capacity.

General Provisions:

Diplomats, heads of state, and other specified individuals are exempt from certain residency requirements.
Residency rules comply with international agreements signed by Kuwait.
Transitional provisions allow existing regulations to remain in effect until new rules are issued.

The law underscores Kuwait's commitment to regulating expat residency while ensuring compliance with national security and public order.
The detailed provisions aim to prevent abuse of the system and protect both the rights of residents and the integrity of the country's legal framework.