Residence transfer from company

August 11, 20160 Comments

Quoted form Arabtimes. My 3-month notice period ended on May 31, 2016. From June 4 to July 16, I traveled to my country to accompany my daughter on vacations. I was back in Kuwait on July 17.

Before I left, I was paid the remaining accrued leave (which was 32 days ) by the company. My immediate manager was aware that I would be out of the country for the period, hence the visa transfer could be made possible only when I got back.

The secretary who replaced me in the company started to work on May 1 and I trained her for 1 month, until my last day. Her visa expires on Aug 16. Her former company tells her that they will cancel her visa if she has not transferred until end of July.

The problem with my former company is that they do not have any more available visa slots (the maximum number of visas that can be availed by the company has been reached). Hence, my former manager wanted my visa be cancelled on July 31 to be able to give visa to the new secretary on time. He said that they will report me as “Absent” to the Ministry of Social Affairs and Labor within this week. Why absent. I have already resigned. He even suggested I transfer my visa to my husband. Unfortunately my husband is also on vacation in our country and he will be back on August 8 together with our daughter.

My manager wants him to travel back to Kuwait as soon as possible to have my visa transferred to him. I am due to finalize and more positively sign a contract offer soon with another company. I feel harassed by my manager, though I know that they have the right to cancel my visa after 2-3 months from notice (I am not sure).

He said that I am not cooperating and they don’t have a choice but to cancel my visa. How could he say that I am not cooperating. For my part, I have done my best to hunt for a job ever since I arrived back in Kuwait which is one week ago only. I also said that being unemployed right now does not make me comfortable either, as I have no money for expenses.

And I also badly need my indemnity which they still have. It will be risky for me to be hired if I have an Article 22 visa, let alone if any company will ever hire me. Is this correct? I need to know my rights in this case … as well as my former company’s rights. I am pressured by my manager, but with all honesty I have done the best I could to be employed. And now I have positive hopes to be employed soon. Please enlighten me as I feel pressured now.

Name withheld
Answer: What you have done is wrong… and as far as the law is concerned the company is right. You have already been given enough time by your company to transfer your residence. It has already been two months since the end of your notice … and you are complaining.

While we sympathize with your predicament, we feel that the position that you have landed in is of your own making.

Looking for another job is not the headache of your company nor can any company offer you unlimited time to transfer your residence … we are sure that the company must have been offended because you gave priority to spending your vacations rather than tackling the issue at hand. And you are right, with the amount of restrictions in place it is very unlikely that you will get a job while you are on your husband’s sponsorship (Article 22 residence).

The other company has also waited a long time to transfer the residence of the person who replaced you in this company (although it can’t take any action during the probation period).

Having said all the above — although the company can’t report you as absent, it can still immediately cancel your residence — we feel the only alternative you have is to ask the company (politely) to give you some more time to transfer your residence. This is the only way out of your current situation.

Source : Arabtimes

What does it mean “Ban on recruitment of expats below 30 years of age” ?

Need your advice on below 2 points: 1) Ban on recruitment of expats below 30 years of age. 2) 2 years passport validity for family visa. (more…)

3 comments

The words of a raped victim by friends in Kuwait

I am 18 years old, and I am a survivor of sexual assault. I saw your ‘Sexual Harassment’ post dating back to the 17th of October 2016, and I would like to address some of my own queries if you will. 7 months ago, I was raped by a stranger who I confided in and believed was a friend. (more…)

0 comments

Notice period on temporary residence

I am working as Mechanical Supervisor in Kuwait and my contract and visa is expiring in October 2017. Is it possible to cancel without 3 months notice period in the company. (more…)

0 comments

Transfer from visit visa to family visa

I have been with my wife and daughter in Kuwait for the past 3 years. I would like to bring my son who is in India on visit visa. Can I change his visa to family visa after he enters Kuwait? My son age: 2 years one month by the time he reaches Kuwait. My salary: KD 800. (more…)

0 comments

Women on maternity leave is also allowed to take annual leave

Our employee who just joined us in the first week of February 2017 this year is now on maternity leave (from July 2, 2017). We know that she is entitled to 70 days maternity leave according to Kuwait Labor law. (more…)

0 comments

Project visa release

I would like to ask for your legal advice. I am currently working on a project visa. I will be completing my one-year contract this coming Oct 25, 2017. My questions are (more…)

0 comments

Only 2 visit visas granted per year

I am currently working in Kuwait on a Private Company Residency Visa and meet all sponsorship requirements. (more…)

0 comments

Transfer of visa for graduates and Transfer of Farm Visa

Is it possible to transfer my visa (salesman) to another company as I got a good opportunity. I have been working for 3 months in my current company. Also I have professional degree certificate (BTech) and my current sponsor has no objection on visa transfer. (more…)

0 comments

Transfer from Government project visa to Private sector visa

I am an engineering graduate and came to Kuwait on a government project engineer’s visa. I have completed 3 yrs and want to join a new company that does not have a government project visa and have only private sector visas. (more…)

0 comments
Kuwait upto date pakistanis in kuwait

Visa for Pakistani nationals

I am living and working in Kuwait and would like you to clarify about Kuwait work visa for Pakistanis, because I was going through your Legal Clinic questions and their answers. (more…)

0 comments
Residence transfer from company was last modified: by

Filed in: AlllegalLocal News

Leave a Reply

Back to Top

X
X
X